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Senate File 2036 - IntroducedA Bill ForAn Act 1reducing the size of certain confinement feeding
2operations that qualify for exemptions from separation
3distance requirements, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 459.102, Code 2018, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 51A. “Small confinement feeding operation”
4means a confinement feeding operation that has an animal unit
5capacity of three hundred or fewer animal units.
6 Sec. 2. Section 459.202, subsection 1, paragraph a, Code
72018, is amended to read as follows:
8a. Except as provided in subsection 3 and sections 459.203,
9459.203A, 459.205, and 459.206, this subsection applies to
10confinement feeding operation structures constructed on or
11after May 31, 1995, but prior to January 1, 1999; and to the
12expansion of structures constructed prior to January 1, 1999.
13 Sec. 3. Section 459.202, subsection 2, paragraph a, Code
142018, is amended to read as follows:
15a. Except as provided in subsection 3 and sections 459.203,
16459.203A, 459.205, and 459.206, this subsection applies to
17confinement feeding operation structures constructed on or
18after January 1, 1999, but prior to March 1, 2003, and to the
19expansion of structures constructed on or after January 1,
201999, but prior to March 1, 2003.
21 Sec. 4. Section 459.202, subsection 3, paragraph a, Code
222018, is amended to read as follows:
23a. Except as provided in sections 459.203, 459.203A,
24 459.205, and 459.206, this subsection applies to confinement
25feeding operation structures constructed on or after May
2631, 1995, but prior to March 1, 2003; to the expansion of
27structures constructed on or after May 31, 1995, but prior to
28March 1, 2003; and to the expansion of structures constructed
29prior to May 31, 1995.
30 Sec. 5. Section 459.202, subsection 4, paragraph a, Code
312018, is amended to read as follows:
32a. Except as provided in subsection 5 and sections 459.203,
33459.203A, 459.205, and 459.206, this subsection applies to
34confinement feeding operation structures constructed on or
35after March 1, 2003, and to the expansion of confinement
-1-1feeding operation structures constructed on or after March 1,
22003.
3 Sec. 6. Section 459.202, subsection 5, paragraph a, Code
42018, is amended to read as follows:
5a. Except as provided in sections 459.203, 459.203A,
6 459.205, and 459.206, this subsection applies to confinement
7feeding operation structures constructed on or after March 1,
82003, and to the expansion of confinement feeding operation
9structures constructed on or after March 1, 2003.
10 Sec. 7. Section 459.202, subsection 6, Code 2018, is amended
11to read as follows:
126. Except as provided in section sections 459.203A and
13 459.205, a confinement feeding operation structure shall not be
14constructed or expanded within one hundred feet from a public
15thoroughfare.
16 Sec. 8. Section 459.203, unnumbered paragraph 1, Code 2018,
17is amended to read as follows:
18A confinement feeding operation that does not qualify as a
19small confinement feeding operation, that was constructed or
20expanded prior to the date that a the applicable separation
21 distance requirement became effective under section 459.202,
22 and which that does not comply with the section’s that
23separation distance requirement may continue to operate
24regardless of the separation distance requirement. The
25confinement feeding operation may be expanded only if any of
26the following applies:
27 Sec. 9. NEW SECTION. 459.203A Separation distance
28requirements for confinement feeding operations qualifying as
29small animal feeding operations — expansion of prior constructed
30operations.
311. A confinement feeding operation that qualifies as a small
32confinement feeding operation, that was constructed or expanded
33prior to the date that the applicable separation distance
34requirement became effective under section 459.202, and that
35does not comply with that separation distance requirement
-2-1on and after the effective date of this Act may continue to
2operate regardless of the separation distance requirement.
32. A confinement feeding operation described in subsection
41 may be expanded only if all of the following apply:
5a. The confinement feeding operation is not expanded by
6the construction or expansion of an unformed manure storage
7structure. However, the confinement feeding operation may
8be expanded by replacing one or more unformed manure storage
9structures with one or more formed manure storage structures,
10subject to all of the following:
11(1) The animal weight capacity or animal unit capacity,
12whichever is applicable, is not increased for that portion of
13the confinement feeding operation that utilizes all replacement
14formed manure storage structures.
15(2) The use of each replaced unformed manure storage
16structure is discontinued within one year after the
17construction of the replacement formed manure storage
18structure.
19(3) The capacity of all replacement formed manure storage
20structures does not exceed the amount required to store manure
21produced by that portion of the confinement feeding operation
22utilizing the formed manure storage structures during any
23fourteen-month period.
24(4) No portion of the replacement formed manure storage
25structure is closer to an object or location for which a
26separation distance is required under section 459.202 than any
27other confinement feeding operation structure which is part of
28the operation.
29b. (1) For a confinement feeding operation constructed
30prior to January 1, 1999, any construction or expansion of
31a confinement feeding operation structure complies with the
32separation distance requirements applying to that structure as
33provided in section 459.202, subsections 1 and 3.
34(2) For a confinement feeding operation constructed on
35or after January 1, 1999, but prior to March 1, 2003, any
-3-1construction or expansion of a confinement feeding operation
2structure complies with the separation distance requirements
3applying to that structure as provided in section 459.202,
4subsections 2 and 3.
5(3) For a confinement feeding operation constructed on
6or after March 1, 2003, any construction or expansion of a
7confinement feeding operation structure complies with the
8separation distance requirements applying to that structure as
9provided in section 459.202, subsections 4 and 5.
10 Sec. 10. Section 459.205, subsection 1, Code 2018, is
11amended to read as follows:
121. A confinement feeding operation structure, if the
13structure is part of a confinement feeding operation which that
14 qualifies as a small animal confinement feeding operation.
15However, this subsection shall not apply if the confinement
16feeding operation structure is an unformed manure storage
17structure.
18 Sec. 11. Section 459.205, subsection 4, paragraph c, Code
192018, is amended to read as follows:
20c. The liquid manure originates from a small animal
21 confinement feeding operation.
22 Sec. 12. Section 459.205, subsection 5, Code 2018, is
23amended to read as follows:
245. The stockpiling of dry manure within a separation
25distance required between a stockpile and an object or location
26for which a separation distance is required under section
27459.204B if any of the following apply:
28a. The titleholder of the land benefiting from the
29separation distance requirement executes a written waiver with
30the titleholder of the land where the stockpile is located.
31b. The stockpile consists of dry manure originating from a
32small animal feeding operation other than a confinement feeding
33operation.
34c. The stockpile consists of dry manure originating from a
35small confinement feeding operation.
-4- 1d. The stockpile consists of dry manure originating from
2a confinement feeding operation that was constructed before
3January 1, 2006, unless the confinement feeding operation is
4expanded after that date.
5 Sec. 13. EFFECTIVE DATE. This Act, being deemed of
6immediate importance, takes effect upon enactment.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10BILL’S PROVISIONS — GENERAL. This bill amends the “Animal
11Agriculture Compliance Act” (Code chapter 459) which in large
12part regulates confinement feeding operations (operations)
13including associated confinement feeding operation structures
14(structures). The bill creates a new category of operation
15referred to as a small confinement feeding operation that would
16in part replace a current category referred to as a small
17animal feeding operation currently exempt from separation
18distance requirements existing between a benefited object or
19location and an associated structure.
20BILL’S PROVISIONS — REQUIRED SEPARATION DISTANCES UNDER
21CURRENT LAW AND AS REVISED BY THE BILL. Generally, Code
22chapter 459, subchapter II regulates air quality by requiring a
23number of separation distances between a benefited object or
24location and both: (1) an operation’s structure (Code sections
25459.202 and 459.203) and (2) the place where manure is used
26when removed from a structure, including for land application
27if the manure is liquid (Code section 459.204) or for temporary
28stockpiling if the manure is solid (Code section 459.204B).
29Under the bill, a small animal feeding operation existing
30prior to the bill’s effective date would continue to be
31exempt from separation distance requirements but could expand
32only under certain circumstances: (1) it could not involve
33the construction or expansion of an unformed manure storage
34structure, but could involve the replacement of such structure
35with a formed manure storage structure, and (2) it would have
-5-1to comply with the separation distance requirement otherwise
2applicable to the same kind of structure that is part of an
3operation that was not exempted (New Code section 459.203A).
4BACKGROUND — SEPARATION DISTANCE REQUIREMENTS. The
5separation distance required between a benefited object or
6location and an operation’s structure is contingent upon
7several criteria: first, when the operation’s structure was
8constructed or expanded, and second, the operation’s size as
9determined by calculating its confined animal capacity which
10is either its animal weight capacity or animal unit capacity
11(AUC).
12BACKGROUND — TERMS. An operation includes a totally
13roofed building where certain confined agricultural animals
14are maintained for 45 days or more in any 12-month period.
15An operation’s structure includes a building, egg washwater
16storage structure, or one of two types of manure storage
17structures: formed or unformed. A formed structure has walls
18and a floor constructed of durable materials such as concrete
19as compared to an unformed structure such as an anaerobic
20lagoon. The Code chapter also refers to a number of different
21types of benefited objects or locations including a residence
22(home), religious institution (e.g., a church), educational
23institution (e.g., a public or nonpublic school), commercial
24enterprise (e.g., a business other than a farm), public
25thoroughfare (e.g., road), or a public use area (e.g., a park
26or cemetery). AUC calculates the maximum number of animal
27units that may be maintained as part of an operation at any one
28time. A small animal feeding operation has a maximum-size AUC
29of 500 animal units. A small confinement feeding operation has
30a maximum size of 300 animal units.
31BACKGROUND — CALCULATING ACU. In calculating an
32operation’s ACU, each of various types of confined agricultural
33animals is assigned a special equivalency factor. For example,
34each sheep or lamb has an equivalency factor of 0.10 animal
35units (Code section 459.102). In order to qualify as a small
-6-1animal feeding operation, an operation must have a maximum AUC
2of not more than 5,000 of such animals (500 ÷ 0.10 = 5,000).
3Under the bill, that maximum ACU would be reduced to 3,000
4animals (300 ÷ 0.10 = 3,000).
5EFFECTIVE DATE. The bill, if enacted, would take effect upon
6enactment.
-7-da/rn
2operations that qualify for exemptions from separation
3distance requirements, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 459.102, Code 2018, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 51A. “Small confinement feeding operation”
4means a confinement feeding operation that has an animal unit
5capacity of three hundred or fewer animal units.
6 Sec. 2. Section 459.202, subsection 1, paragraph a, Code
72018, is amended to read as follows:
8a. Except as provided in subsection 3 and sections 459.203,
9459.203A, 459.205, and 459.206, this subsection applies to
10confinement feeding operation structures constructed on or
11after May 31, 1995, but prior to January 1, 1999; and to the
12expansion of structures constructed prior to January 1, 1999.
13 Sec. 3. Section 459.202, subsection 2, paragraph a, Code
142018, is amended to read as follows:
15a. Except as provided in subsection 3 and sections 459.203,
16459.203A, 459.205, and 459.206, this subsection applies to
17confinement feeding operation structures constructed on or
18after January 1, 1999, but prior to March 1, 2003, and to the
19expansion of structures constructed on or after January 1,
201999, but prior to March 1, 2003.
21 Sec. 4. Section 459.202, subsection 3, paragraph a, Code
222018, is amended to read as follows:
23a. Except as provided in sections 459.203, 459.203A,
24 459.205, and 459.206, this subsection applies to confinement
25feeding operation structures constructed on or after May
2631, 1995, but prior to March 1, 2003; to the expansion of
27structures constructed on or after May 31, 1995, but prior to
28March 1, 2003; and to the expansion of structures constructed
29prior to May 31, 1995.
30 Sec. 5. Section 459.202, subsection 4, paragraph a, Code
312018, is amended to read as follows:
32a. Except as provided in subsection 5 and sections 459.203,
33459.203A, 459.205, and 459.206, this subsection applies to
34confinement feeding operation structures constructed on or
35after March 1, 2003, and to the expansion of confinement
-1-1feeding operation structures constructed on or after March 1,
22003.
3 Sec. 6. Section 459.202, subsection 5, paragraph a, Code
42018, is amended to read as follows:
5a. Except as provided in sections 459.203, 459.203A,
6 459.205, and 459.206, this subsection applies to confinement
7feeding operation structures constructed on or after March 1,
82003, and to the expansion of confinement feeding operation
9structures constructed on or after March 1, 2003.
10 Sec. 7. Section 459.202, subsection 6, Code 2018, is amended
11to read as follows:
126. Except as provided in section sections 459.203A and
13 459.205, a confinement feeding operation structure shall not be
14constructed or expanded within one hundred feet from a public
15thoroughfare.
16 Sec. 8. Section 459.203, unnumbered paragraph 1, Code 2018,
17is amended to read as follows:
18A confinement feeding operation that does not qualify as a
19small confinement feeding operation, that was constructed or
20expanded prior to the date that a the applicable separation
21 distance requirement became effective under section 459.202,
22 and which that does not comply with the section’s that
23separation distance requirement may continue to operate
24regardless of the separation distance requirement. The
25confinement feeding operation may be expanded only if any of
26the following applies:
27 Sec. 9. NEW SECTION. 459.203A Separation distance
28requirements for confinement feeding operations qualifying as
29small animal feeding operations — expansion of prior constructed
30operations.
311. A confinement feeding operation that qualifies as a small
32confinement feeding operation, that was constructed or expanded
33prior to the date that the applicable separation distance
34requirement became effective under section 459.202, and that
35does not comply with that separation distance requirement
-2-1on and after the effective date of this Act may continue to
2operate regardless of the separation distance requirement.
32. A confinement feeding operation described in subsection
41 may be expanded only if all of the following apply:
5a. The confinement feeding operation is not expanded by
6the construction or expansion of an unformed manure storage
7structure. However, the confinement feeding operation may
8be expanded by replacing one or more unformed manure storage
9structures with one or more formed manure storage structures,
10subject to all of the following:
11(1) The animal weight capacity or animal unit capacity,
12whichever is applicable, is not increased for that portion of
13the confinement feeding operation that utilizes all replacement
14formed manure storage structures.
15(2) The use of each replaced unformed manure storage
16structure is discontinued within one year after the
17construction of the replacement formed manure storage
18structure.
19(3) The capacity of all replacement formed manure storage
20structures does not exceed the amount required to store manure
21produced by that portion of the confinement feeding operation
22utilizing the formed manure storage structures during any
23fourteen-month period.
24(4) No portion of the replacement formed manure storage
25structure is closer to an object or location for which a
26separation distance is required under section 459.202 than any
27other confinement feeding operation structure which is part of
28the operation.
29b. (1) For a confinement feeding operation constructed
30prior to January 1, 1999, any construction or expansion of
31a confinement feeding operation structure complies with the
32separation distance requirements applying to that structure as
33provided in section 459.202, subsections 1 and 3.
34(2) For a confinement feeding operation constructed on
35or after January 1, 1999, but prior to March 1, 2003, any
-3-1construction or expansion of a confinement feeding operation
2structure complies with the separation distance requirements
3applying to that structure as provided in section 459.202,
4subsections 2 and 3.
5(3) For a confinement feeding operation constructed on
6or after March 1, 2003, any construction or expansion of a
7confinement feeding operation structure complies with the
8separation distance requirements applying to that structure as
9provided in section 459.202, subsections 4 and 5.
10 Sec. 10. Section 459.205, subsection 1, Code 2018, is
11amended to read as follows:
121. A confinement feeding operation structure, if the
13structure is part of a confinement feeding operation which that
14 qualifies as a small animal confinement feeding operation.
15However, this subsection shall not apply if the confinement
16feeding operation structure is an unformed manure storage
17structure.
18 Sec. 11. Section 459.205, subsection 4, paragraph c, Code
192018, is amended to read as follows:
20c. The liquid manure originates from a small animal
21 confinement feeding operation.
22 Sec. 12. Section 459.205, subsection 5, Code 2018, is
23amended to read as follows:
245. The stockpiling of dry manure within a separation
25distance required between a stockpile and an object or location
26for which a separation distance is required under section
27459.204B if any of the following apply:
28a. The titleholder of the land benefiting from the
29separation distance requirement executes a written waiver with
30the titleholder of the land where the stockpile is located.
31b. The stockpile consists of dry manure originating from a
32small animal feeding operation other than a confinement feeding
33operation.
34c. The stockpile consists of dry manure originating from a
35small confinement feeding operation.
-4- 1d. The stockpile consists of dry manure originating from
2a confinement feeding operation that was constructed before
3January 1, 2006, unless the confinement feeding operation is
4expanded after that date.
5 Sec. 13. EFFECTIVE DATE. This Act, being deemed of
6immediate importance, takes effect upon enactment.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10BILL’S PROVISIONS — GENERAL. This bill amends the “Animal
11Agriculture Compliance Act” (Code chapter 459) which in large
12part regulates confinement feeding operations (operations)
13including associated confinement feeding operation structures
14(structures). The bill creates a new category of operation
15referred to as a small confinement feeding operation that would
16in part replace a current category referred to as a small
17animal feeding operation currently exempt from separation
18distance requirements existing between a benefited object or
19location and an associated structure.
20BILL’S PROVISIONS — REQUIRED SEPARATION DISTANCES UNDER
21CURRENT LAW AND AS REVISED BY THE BILL. Generally, Code
22chapter 459, subchapter II regulates air quality by requiring a
23number of separation distances between a benefited object or
24location and both: (1) an operation’s structure (Code sections
25459.202 and 459.203) and (2) the place where manure is used
26when removed from a structure, including for land application
27if the manure is liquid (Code section 459.204) or for temporary
28stockpiling if the manure is solid (Code section 459.204B).
29Under the bill, a small animal feeding operation existing
30prior to the bill’s effective date would continue to be
31exempt from separation distance requirements but could expand
32only under certain circumstances: (1) it could not involve
33the construction or expansion of an unformed manure storage
34structure, but could involve the replacement of such structure
35with a formed manure storage structure, and (2) it would have
-5-1to comply with the separation distance requirement otherwise
2applicable to the same kind of structure that is part of an
3operation that was not exempted (New Code section 459.203A).
4BACKGROUND — SEPARATION DISTANCE REQUIREMENTS. The
5separation distance required between a benefited object or
6location and an operation’s structure is contingent upon
7several criteria: first, when the operation’s structure was
8constructed or expanded, and second, the operation’s size as
9determined by calculating its confined animal capacity which
10is either its animal weight capacity or animal unit capacity
11(AUC).
12BACKGROUND — TERMS. An operation includes a totally
13roofed building where certain confined agricultural animals
14are maintained for 45 days or more in any 12-month period.
15An operation’s structure includes a building, egg washwater
16storage structure, or one of two types of manure storage
17structures: formed or unformed. A formed structure has walls
18and a floor constructed of durable materials such as concrete
19as compared to an unformed structure such as an anaerobic
20lagoon. The Code chapter also refers to a number of different
21types of benefited objects or locations including a residence
22(home), religious institution (e.g., a church), educational
23institution (e.g., a public or nonpublic school), commercial
24enterprise (e.g., a business other than a farm), public
25thoroughfare (e.g., road), or a public use area (e.g., a park
26or cemetery). AUC calculates the maximum number of animal
27units that may be maintained as part of an operation at any one
28time. A small animal feeding operation has a maximum-size AUC
29of 500 animal units. A small confinement feeding operation has
30a maximum size of 300 animal units.
31BACKGROUND — CALCULATING ACU. In calculating an
32operation’s ACU, each of various types of confined agricultural
33animals is assigned a special equivalency factor. For example,
34each sheep or lamb has an equivalency factor of 0.10 animal
35units (Code section 459.102). In order to qualify as a small
-6-1animal feeding operation, an operation must have a maximum AUC
2of not more than 5,000 of such animals (500 ÷ 0.10 = 5,000).
3Under the bill, that maximum ACU would be reduced to 3,000
4animals (300 ÷ 0.10 = 3,000).
5EFFECTIVE DATE. The bill, if enacted, would take effect upon
6enactment.
-7-da/rn