Senate File 2078 - IntroducedA Bill ForAn Act 1authorizing the department of natural resources to
2require reports regarding the number of animals maintained
3at a confinement feeding operation, making penalties
4applicable, and including effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 459.201A Reporting requirement —
2animals maintained at a confinement feeding operation.
3The department may require the owner or operator of a
4confinement feeding operation to submit one or more animals
5confined reports that contain information regarding the number
6of animals maintained at the confinement feeding operation in a
7manner and during a time period that the department determines
8is relevant. The report shall present the information in
9a manner that converts the number of animals maintained to
10equivalent animal units.
11 Sec. 2. NEW SECTION. 459.301A Reporting requirement —
12animals maintained at a confinement feeding operation.
13The department may require the owner or operator of a
14confinement feeding operation to submit one or more animals
15confined reports that contain information regarding the number
16of animals maintained at the confinement feeding operation in a
17manner and during a time period that the department determines
18is relevant. The report shall present the information in
19a manner that converts the number of animals maintained to
20equivalent animal units.
21 Sec. 3. Section 459.303, Code 2018, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 4A. If the application is for a permit
24to expand a confinement feeding operation, the department may
25require the applicant to submit an animals confined report as
26described in section 459.301A.
27 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
28importance, takes effect upon enactment.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32BILL’S PROVISIONS — GENERAL. This bill amends the “Animal
33Agriculture Compliance Act” (Code chapter 459) which in
34large part provides for the regulation of confinement feeding
35operations (operations) including associated confinement
-1-1feeding operation structures (structures), such as buildings
2or manure storage structures, by the department of natural
3resources (DNR).
4BILL’S PROVISIONS — REPORTING REQUIREMENT. The bill
5provides that for purposes of administering and enforcing Code
6chapter 459, subchapter II relating to air quality and Code
7chapter 459, subchapter III relating to water quality, DNR
8may require that the owner or operator of an operation submit
9one or more animals confined reports that contain information
10regarding the number of animals maintained at the operation
11in a manner and during a time period that DNR determines is
12relevant. The report must present the information in a manner
13that calculates the number of animals maintained as animal
14units. The bill authorizes DNR to require a report as part of a
15construction permit to expand a structure.
16BACKGROUND — APPLICABLE REGULATIONS. Under Code chapter
17459, subchapter II, applicable regulations based on an
18operation’s size include separation distances required between
19a structure and a benefited object or location (e.g., a
20residence) (Code sections 459.202 and 459.203). Special manure
21storage regulations apply to a qualified confinement feeding
22operation that exceeds a special threshold size (Code sections
23459.102 and 459.206). Under Code chapter 459, subchapter III,
24the requirement to obtain a construction permit applies to an
25operation that exceeds a certain size (Code section 450.303).
26A number of exceptions also applies to a small animal feeding
27operation including requirements for the submission of a
28construction design statement (Code sections 459.306 and
29459.307), the submission of a manure management plan (Code
30sections 459.312 and 459.312A), the application of manure on
31snow covered or frozen ground (Code section 459.313A), and
32the certification of certain manure applicators (Code section
33459.315).
34BACKGROUND — ENFORCEMENT AND APPLICABLE CIVIL PENALTIES.
35 Compliance with a statutory regulation under the Code chapter
-2-1includes compliance with a rule adopted by DNR (Code section
2459.103). Code section 459.602 provides for civil penalties
3that may be assessed for violations of Code chapter 459,
4subchapter II (air quality regulations). A violator is subject
5to Code section 455B.109, which provides for the administrative
6assessment of civil penalties of up to $10,000. Code section
7459.603 provides for civil penalties that may be assessed for
8violations of Code chapter 459, subchapter III (water quality
9regulations). A violator is subject to either Code section
10455B.109 providing for the administrative assessment of civil
11penalties or Code section 455B.191, which provides for a
12general civil penalty assessed judicially of up to $5,000.
13EFFECTIVE DATE. The bill, if enacted, takes effect upon
14enactment.
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2require reports regarding the number of animals maintained
3at a confinement feeding operation, making penalties
4applicable, and including effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 459.201A Reporting requirement —
2animals maintained at a confinement feeding operation.
3The department may require the owner or operator of a
4confinement feeding operation to submit one or more animals
5confined reports that contain information regarding the number
6of animals maintained at the confinement feeding operation in a
7manner and during a time period that the department determines
8is relevant. The report shall present the information in
9a manner that converts the number of animals maintained to
10equivalent animal units.
11 Sec. 2. NEW SECTION. 459.301A Reporting requirement —
12animals maintained at a confinement feeding operation.
13The department may require the owner or operator of a
14confinement feeding operation to submit one or more animals
15confined reports that contain information regarding the number
16of animals maintained at the confinement feeding operation in a
17manner and during a time period that the department determines
18is relevant. The report shall present the information in
19a manner that converts the number of animals maintained to
20equivalent animal units.
21 Sec. 3. Section 459.303, Code 2018, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 4A. If the application is for a permit
24to expand a confinement feeding operation, the department may
25require the applicant to submit an animals confined report as
26described in section 459.301A.
27 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
28importance, takes effect upon enactment.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32BILL’S PROVISIONS — GENERAL. This bill amends the “Animal
33Agriculture Compliance Act” (Code chapter 459) which in
34large part provides for the regulation of confinement feeding
35operations (operations) including associated confinement
-1-1feeding operation structures (structures), such as buildings
2or manure storage structures, by the department of natural
3resources (DNR).
4BILL’S PROVISIONS — REPORTING REQUIREMENT. The bill
5provides that for purposes of administering and enforcing Code
6chapter 459, subchapter II relating to air quality and Code
7chapter 459, subchapter III relating to water quality, DNR
8may require that the owner or operator of an operation submit
9one or more animals confined reports that contain information
10regarding the number of animals maintained at the operation
11in a manner and during a time period that DNR determines is
12relevant. The report must present the information in a manner
13that calculates the number of animals maintained as animal
14units. The bill authorizes DNR to require a report as part of a
15construction permit to expand a structure.
16BACKGROUND — APPLICABLE REGULATIONS. Under Code chapter
17459, subchapter II, applicable regulations based on an
18operation’s size include separation distances required between
19a structure and a benefited object or location (e.g., a
20residence) (Code sections 459.202 and 459.203). Special manure
21storage regulations apply to a qualified confinement feeding
22operation that exceeds a special threshold size (Code sections
23459.102 and 459.206). Under Code chapter 459, subchapter III,
24the requirement to obtain a construction permit applies to an
25operation that exceeds a certain size (Code section 450.303).
26A number of exceptions also applies to a small animal feeding
27operation including requirements for the submission of a
28construction design statement (Code sections 459.306 and
29459.307), the submission of a manure management plan (Code
30sections 459.312 and 459.312A), the application of manure on
31snow covered or frozen ground (Code section 459.313A), and
32the certification of certain manure applicators (Code section
33459.315).
34BACKGROUND — ENFORCEMENT AND APPLICABLE CIVIL PENALTIES.
35 Compliance with a statutory regulation under the Code chapter
-2-1includes compliance with a rule adopted by DNR (Code section
2459.103). Code section 459.602 provides for civil penalties
3that may be assessed for violations of Code chapter 459,
4subchapter II (air quality regulations). A violator is subject
5to Code section 455B.109, which provides for the administrative
6assessment of civil penalties of up to $10,000. Code section
7459.603 provides for civil penalties that may be assessed for
8violations of Code chapter 459, subchapter III (water quality
9regulations). A violator is subject to either Code section
10455B.109 providing for the administrative assessment of civil
11penalties or Code section 455B.191, which provides for a
12general civil penalty assessed judicially of up to $5,000.
13EFFECTIVE DATE. The bill, if enacted, takes effect upon
14enactment.
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