Senate File 131 - IntroducedA Bill ForAn Act 1reducing the size of certain confinement feeding
2operations that qualify for exemptions from environmental
3regulations.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 459.102, Code 2017, is amended by adding
2the following new subsection:
3   NEW SUBSECTION.  51A.  “Small confinement feeding operation”
4means a confinement feeding operation which has an animal unit
5capacity of two hundred fifty or fewer animal units.
6   Sec. 2.  Section 459.203, unnumbered paragraph 1, Code 2017,
7is amended to read as follows:
   8A confinement feeding operation constructed or expanded
9prior to the date that a distance requirement became effective
10under section 459.202 and which does not comply with the
11section’s distance requirement may continue to operate
12regardless of the distance requirement. A small animal feeding
13operation which is not in compliance with the applicable
14separation distance requirement described in section 459.202
15on the effective date of this Act may continue to operate
16regardless of that distance requirement.
The A confinement
17feeding operation described in this paragraph may be expanded
18if any of the following applies:
19   Sec. 3.  Section 459.205, subsection 1, Code 2017, is amended
20to read as follows:
   211.  A confinement feeding operation structure, if the
22structure is part of a confinement feeding operation which
23qualifies as a
small animal confinement feeding operation.
24However, this subsection shall not apply if the confinement
25feeding operation structure is an unformed manure storage
26structure.
27   Sec. 4.  Section 459.205, subsection 4, paragraph c, Code
282017, is amended to read as follows:
   29c.  The liquid manure originates from a small animal
30
 confinement feeding operation.
31   Sec. 5.  Section 459.205, subsection 5, paragraph b, Code
322017, is amended to read as follows:
   33b.  The stockpile consists of dry manure originating from a
34small animal confinement feeding operation.
35   Sec. 6.  Section 459.301, subsection 3, paragraph b,
-1-1unnumbered paragraph 1, Code 2017, is amended to read as
2follows:
   3In calculating animal unit capacity for purposes of an
4election to be considered a small animal confinement feeding
5operation as provided in section 459.312A, the animal unit
6capacity of a confinement feeding operation shall include all
7confinement feeding operation buildings that are used to do any
8of the following:
9   Sec. 7.  Section 459.303, subsection 1, paragraph b,
10subparagraph (1), Code 2017, is amended to read as follows:
   11(1)  The confinement feeding operation structure, if
12constructed, would be part of a small animal confinement
13 feeding operation. However, the person must obtain a permit
14under this section if the confinement feeding operation
15structure is an unformed manure storage structure.
16   Sec. 8.  Section 459.306, subsection 1, paragraph b,
17subparagraph (1), Code 2017, is amended to read as follows:
   18(1)  A person who constructs a formed manure storage
19structure as part of a small animal confinement feeding
20operation.
21   Sec. 9.  Section 459.307, unnumbered paragraph 1, Code 2017,
22is amended to read as follows:
   23The department shall adopt rules establishing construction
24design standards for formed manure storage structures that are
25part of confinement feeding operations other than small animal
26
 confinement feeding operations. However, the construction
27design standards shall apply to a formed manure storage
28structure that is part of a small animal confinement feeding
29operation as provided in section 459.310.
30   Sec. 10.  Section 459.312, subsection 1, paragraph a,
31unnumbered paragraph 1, Code 2017, is amended to read as
32follows:
   33The owner of a confinement feeding operation, other than
34a small animal confinement feeding operation, if any of the
35following apply:
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1   Sec. 11.  Section 459.312, subsection 1, paragraph b, Code
22017, is amended to read as follows:
   3b.  A person who applies manure from a confinement feeding
4operation, other than a small animal confinement feeding
5operation, which is located in another state, if the manure is
6applied on land located in this state.
7   Sec. 12.  Section 459.312A, subsections 1 and 2, Code 2017,
8are amended to read as follows:
   91.  A person otherwise required to submit an updated manure
10management plan as required in section 459.312 and pay an
11annual compliance fee as required in section 459.400 may make a
12small animal confinement feeding operation election as provided
13in this section.
   142.  Upon the effective date of the election, the confinement
15feeding operation covered by the updated manure management
16plan shall be considered a small animal confinement feeding
17operation only for purposes of submitting the updated manure
18management plan and paying the annual compliance fee, during
19the period of the election.
20   Sec. 13.  Section 459.312A, subsection 4, Code 2017, is
21amended to read as follows:
   224.  The department shall provide for the period of election,
23including its effective and expiration dates. However, the
24period of election shall be at least for the same period
25covered by the updated manure management plan. An election
26automatically terminates when more than five two hundred fifty
27 animal units are housed at the confinement feeding operation at
28any one time.
29   Sec. 14.  Section 459.313A, subsection 3, paragraph a, Code
302017, is amended to read as follows:
   31a.  The application of liquid manure originating from a small
32animal confinement feeding operation.
33   Sec. 15.  Section 459.315, subsection 4, Code 2017, is
34amended to read as follows:
   354.  This section shall not require a person to be certified
-3-1as a confinement site manure applicator if the person applies
2manure which originates from a manure storage structure which
3is part of a small animal confinement feeding operation.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
   7GENERAL. This bill amends a number of provisions in the
8animal agriculture compliance Act (Code chapter 459) which
9regulate animal feeding operations by creating a new category
10of confinement feeding operation referred to as a small
11confinement feeding operation (SCFO) that would effectively
12replace the current category referred to as a small animal
13feeding operation (SAFO). Currently, in order to qualify as
14an SAFO, an animal feeding operation’s capacity cannot exceed
15500 animal units (AUs). A confinement feeding operation
16would not qualify as an SCFO if its capacity exceeds 250
17AUs. Any exemption from a regulation currently available
18to a confinement feeding operation qualifying as an SAFO
19would only be available if the confinement feeding operation
20qualified as an SCFO. In the case where a current exemption
21allows an SAFO to be located closer than normally allowed to a
22benefited object or location (home, school, business, religious
23institution, road, or public use area), the bill provides the
24SAFO may continue to operate, but limits how such operation
25could expand in the same manner as other grandfathered
26operations. The bill does not affect exemptions for SAFOs
27in other Code chapters including the animal agriculture
28compliance Act for open feedlot operations and animal truck
29wash facilities (Code chapter 459A) or the animal agriculture
30compliance Act for dry bedded confinement feeding operations
31(Code section 459B).
   32BACKGROUND — EXEMPTIONS. An SAFO is exempted from
33regulations that would otherwise require a confinement
34operation to (1) maintain a separation distance between a
35confinement feeding operation structure (building or manure
-4-1storage) and a benefited object or location (Code sections
2459.202, 459.203, and 459.205), (2) maintain a separation
3distance between manure applied to land and a home (Code
4sections 459.204 and 459.205), (3) maintain a separation
5distance between a stockpile of dry manure and a home (Code
6sections 459.204B and 459.205), (4) obtain a permit from
7the department of natural resources (DNR) to construct a
8confinement feeding operation structure other than an unformed
9manure storage structure (Code section 459.303), (5) submit
10a construction design statement to DNR for the construction
11of a formed manure storage structure (Code sections 459.306
12and 459.307), (6) submit an annual manure management plan
13or update and pay an associated compliance fee to DNR (Code
14sections 459.312 and 459.400), (7) restrict the application of
15liquid manure on snow-covered and frozen ground (Code section
16459.313A), and (8) be certified by DNR to apply manure on land
17(Code section 459.315). The bill also provides that an option
18allowing a confinement feeding operation to become reclassified
19as an SAFO would apply to allow the operation to be instead
20reclassified as an SCFO exempt from filing a manure management
21plan update and paying the annual compliance fee for the period
22of election (Code sections 459.312A and 459.400).
   23BACKGROUND — ANIMAL FEEDING OPERATIONS AND CONFINEMENT
24FEEDING OPERATIONS. An animal feeding operation refers to any
25area in which animals are confined and fed and maintained for
2645 days or more in any 12-month period, and includes associated
27structures including those used to store manure. A confinement
28feeding operation is a type of animal feeding operation that
29includes a building that is totally roofed (as compared to
30an open feedlot). Confined animals are limited to cattle,
31swine, horses, sheep, chickens, turkeys, or fish (Code section
32459.102).
   33BACKGROUND — AU CAPACITY. AU capacity refers to the
34maximum number of animal units that may be maintained in all
35confinement buildings associated with the confinement feeding
-5-1operation at any one time (Code sections 459.102 and 459.201).
2In calculating AU capacity, each of various types of animals
3is assigned a special equivalency factor. For example, each
4butcher or breeding swine weighing more than 55 pounds has
5an equivalency factor of 0.4 AUs (Code section 459.102). In
6order to qualify as an SAFO, a confinement feeding operation
7must have a capacity of 1,250 or fewer butcher or breeding
8swine (500 ÷ 0.4 = 1,250). In order to qualify as an SCFO,
9the confinement feeding operation would have to have a maximum
10capacity of 625 or fewer breeding swine (250 ÷ 0.4 = 625).
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