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Senate File 2151 - IntroducedA Bill ForAn Act 1relating to animal feeding operations, including
2by providing for when two or more confinement feeding
3operations are deemed to be a single operation, making
4penalties applicable, and including effective date and
5applicability provisions.
6BE 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 subsections:
3 NEW SUBSECTION. 8A. a. “Business entity” means a person
4organized as any form of partnership, limited partnership, or
5limited liability limited partnership described in chapter
6488; limited liability company as described in chapter 489;
7a corporation as described in chapter 490, 491, or 504; an
8association as described in chapter 497, 498, and 499; a
9cooperative described in chapter 501; a cooperative association
10described in chapter 501A; an agricultural cooperative
11association as defined in section 502.102; an unincorporated
12nonprofit association as described in chapter 502; or any other
13entity commonly referred to as an investment company, joint
14stock company, joint stock association, or trust, including but
15not limited to a business trust.
16b. “Business entity” includes a person described in
17paragraph “a” regardless of whether the person is organized
18in this state under any of those provisions referred to in
19paragraph “a” or is otherwise authorized to transact business
20in this state under any of those provisions referred to in
21paragraph “a”.
22 NEW SUBSECTION. 41A. “Operation of law” means a transfer
23by inheritance, devise or bequest, court order, dissolution
24decree, order in bankruptcy, insolvency, replevin, foreclosure,
25execution sale, the execution of a judgment, the foreclosure
26of a real estate mortgage, the forfeiture of a real estate
27contract, or a transfer resulting from a decree for specific
28performance.
29 Sec. 2. Section 459.201, subsection 1, Code 2018, is amended
30by striking the subsection and inserting in lieu thereof the
31following:
321. Two or more animal feeding operations under common
33ownership or management are deemed to be a single animal
34feeding operation if they are adjacent or utilize a common
35system for manure storage. In addition, two or more related
-1-1confinement feeding operations are deemed to be a single
2confinement feeding operation as provided in section 459.201A.
3 Sec. 3. Section 459.201, subsection 3, Code 2018, is amended
4to read as follows:
53. a. In calculating the animal unit capacity of a
6confinement feeding operation, the animal unit capacity shall
7include the animal unit capacity of all confinement feeding
8operation buildings which are part of the confinement feeding
9operation, unless a confinement feeding operation building has
10been abandoned.
11b. Unless expressly stated otherwise in this subchapter,
12the animal units of all confinement feeding operations that are
13related and deemed to be a single confinement feeding operation
14shall be combined when calculating the animal unit capacity of
15any one of the confinement feeding operations.
16 Sec. 4. NEW SECTION. 459.201A Special terms — related
17confinement feeding operations.
181. Two or more confinement feeding operations are related
19and deemed to be a single confinement feeding operation, if all
20of the following apply:
21a. A confinement feeding operation structure that is part
22of one confinement feeding operation is separated by less than
23two thousand five hundred feet from a confinement feeding
24operation structure that is part of the other confinement
25feeding operation.
26b. Any of the following apply:
27(1) The confinement feeding operations utilize a
28common system for manure storage or common area for manure
29application.
30(2) The same person holds an interest in the real property
31where the confinement feeding operations are sited. The person
32may hold a legal interest or equitable interest in the real
33property.
34(a) In determining whether the same person holds an
35interest in the real property where the two confinement feeding
-2-1operations are sited, an interest in the real property may be
2held by the person in any of the following forms:
3(i) Legal title, including as a joint tenant or tenant in
4common, or the holder of an interest for life or term of years.
5(ii) Leasehold, including as a lessor or lessee.
6(iii) Real estate contract, including in cases in which the
7person is a vendor or vendee.
8(iv) Equitable title, including as a settlor, trustee, or
9beneficiary.
10(v) Easement, including as the owner of the dominant estate
11or servient estate.
12(b) If the person is a business entity, the business
13entity’s interest in the real property is attributable to any
14of the following:
15(i) A partner, limited partner, shareholder, member,
16settlor, trustee, beneficiary, or other equity holder of the
17business entity.
18(ii) Any officer, manager, or employee of the business
19entity.
20(c) A person’s real property interest is attributable to
21the person’s spouse, parent, grandparent, lineal ascendant of
22a grandparent or spouse and any other lineal descendant of
23the grandparent or spouse, or a person acting in a fiduciary
24capacity for a related person.
25(d) A subsidiary or affiliate of a business entity shall be
26deemed to be the same business entity.
27(e) A person’s interest in a fixture that is attached to the
28real property where a confinement feeding operation is sited,
29including a confinement feeding operation structure, shall be
30deemed to be an interest in the confinement feeding operation.
31(f) A person’s property interest does not include the
32acquisition of property by any of the following:
33(i) Operation of law.
34(ii) A bona fide encumbrance taken for purposes of security,
35including but not limited to a mortgage or deed of trust.
-3- 1(iii) Under a contract in which the other party is a
2government entity.
3 Sec. 5. Section 459.203, unnumbered paragraph 1, Code 2018,
4is amended to read as follows:
5A confinement feeding operation constructed or expanded
6prior to the date that a distance requirement became effective
7under section 459.202 and which does not comply with the
8section’s distance requirement may continue to operate
9regardless of the distance requirement. The In addition and
10except as provided in section 459.203A, such confinement
11feeding operation may be expanded by the construction or
12expansion of a confinement feeding operation structure, if any
13of the following applies:
14 Sec. 6. NEW SECTION. 459.203A Related confinement
15feeding operations deemed to be the same operation expansion of
16confinement feeding operations.
171. If two or more confinement feeding operations are
18related and deemed to be a single confinement feeding operation
19pursuant to sections 459.201 and 459.201A, neither confinement
20feeding operation shall be expanded by the construction or
21expansion of a confinement feeding operation structure on or
22after the effective date of this Act, unless the confinement
23feeding operation structure complies with the distance
24requirements applying to that structure as provided in section
25459.202, subsections 4 and 5.
262. Notwithstanding subsection 1, a confinement feeding
27operation structure may be expanded by replacing one or more
28unformed manure storage structures with one or more formed
29manure storage structures, if all of the following apply:
30a. The animal weight capacity or animal unit capacity,
31whichever is applicable, is not increased for that portion of
32the confinement feeding operation that utilizes all replacement
33formed manure storage structures.
34b. The use of each replaced unformed manure storage
35structure is discontinued within one year after the
-4-1construction of the replacement formed manure storage
2structure.
3c. The capacity of all replacement formed manure storage
4structures does not exceed the capacity required to store
5manure produced by that portion of the confinement feeding
6operation that had utilized all replaced unformed manure
7storage structures.
8d. The replacement formed manure storage structure is not
9closer to an object or location benefiting from a separation
10distance than the separation distance between the replaced
11unformed manure storage structure and the same object or
12location as required in section 459.202.
13 Sec. 7. Section 459.205, subsection 1, Code 2018, is amended
14to read as follows:
151. A confinement feeding operation structure, if the
16structure is part of a confinement feeding operation which that
17 qualifies as a small animal feeding operation. However, this
18subsection shall not apply if to any of the following:
19a. confinement feeding operation structure is an An unformed
20manure storage structure.
21b. Two or more animal feeding operations that are deemed to
22be a single animal feeding operation under section 459.201, if
23the combined animal unit capacity of the confinement feeding
24operations is more than five hundred animal units.
25c. Two or more related confinement feeding operations that
26are deemed to be a single confinement feeding operation under
27sections 459.201 and 459.201A, if the combined animal unit
28capacity of the related confinement feeding operations is more
29than five hundred animal units.
30 Sec. 8. Section 459.301, subsection 1, Code 2018, is amended
31by striking the subsection and inserting in lieu thereof the
32following:
331. Two or more animal feeding operations under common
34ownership or management are deemed to be a single animal
35feeding operation if they are adjacent or utilize a common
-5-1area or system for manure application. In addition, two or
2more related confinement feeding operations are deemed to be
3a single confinement feeding operation in the same manner as
4two confinement feeding operations are determined to be related
5under section 459.201A.
6 Sec. 9. Section 459.301, subsection 3, Code 2018, is amended
7by adding the following new paragraph:
8 NEW PARAGRAPH. c. Unless expressly stated otherwise
9in this subchapter, the animal units of all confinement
10feeding operations that are related and deemed to be the
11same confinement feeding operation shall be combined when
12calculating the animal unit capacity of any one of the
13confinement feeding operations.
14 Sec. 10. Section 459.312, subsection 2, Code 2018, is
15amended to read as follows:
162. a. Not more than one confinement feeding operation shall
17be covered by a single manure management plan.
18b. If two or more confinement feeding operations are deemed
19to be a single confinement feeding operation under section
20459.301, the department may require that a separate manure
21management plan cover each confinement feeding operation.
22 Sec. 11. Section 459.317, subsection 1, paragraph b, Code
232018, is amended by striking the paragraph.
24 Sec. 12. EFFECTIVE DATE. This Act, being deemed of
25immediate importance, takes effect upon enactment.
26 Sec. 13. APPLICABILITY. This Act shall not apply to a
27person who has begun construction of a confinement feeding
28operation structure prior to the effective date of this Act.
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 part
34provides for the regulation of animal feeding operations where
35agricultural animals are maintained for at least 45 days in
-6-1any 12-month period and includes open feedlots and confinement
2feeding operations (operations) including associated
3confinement feeding operation structures (structures), such
4as buildings or manure storage structures. The Code chapter
5is administered and enforced by the department of natural
6resources (DNR). Generally, regulations vary based on the size
7of an operation measured by its animal unit capacity (AUC).
8BILL’S PROVISIONS — RELATED CONFINEMENT FEEDING OPERATIONS.
9 The bill provides that for purposes of administering and
10enforcing Code chapter 459, subchapter II, providing for air
11quality regulations and Code chapter 459, subchapter III,
12providing for water quality regulations, two or more operations
13are deemed to be a single operation if they are related. The
14operations are related if a structure that is part of one
15operation is separated by less than 2,500 feet from a structure
16that is part of the other operation and the same person holds
17a legal or equitable interest in the real property where the
18operations are located. If the person is a business entity,
19the business entity’s interest is attributable to any person
20who owns an interest in the entity or who is an employee,
21manager, or officer of the entity. A person’s interest is also
22attributable to a relative (e.g., spouse, child, or brother or
23sister). A person’s interest does not include the acquisition
24of property by a number of devices including by operation of
25law, an encumbrance taken as a security, or under contract with
26a government entity.
27BACKGROUND — CURRENT LAW — ADJACENCY. For purposes of air
28quality regulation, two or more animal feeding operations under
29common ownership or management are deemed to be a single animal
30feeding operation if they are adjacent or utilize a common
31system for manure storage and are separated within a minimum
32distance from each other based on the size of the operation.
33For purposes of water quality regulation, two or more animal
34feeding operations under common ownership or management are
35deemed to be a single operation if they are adjacent or utilize
-7-1a common area or system for manure disposal and are separated
2by another set of separation distances again based on the size
3of the operation.
4BACKGROUND — AUC. AUC refers to a measurement used to
5determine the maximum number of animal units that may be
6maintained as part of an animal feeding operation at any one
7time. In calculating AUC, a special equivalency factor is
8assigned for each classification of confined animal.
9BACKGROUND — ENFORCEMENT AND APPLICABLE CIVIL PENALTIES.
10 Compliance with a statutory regulation under the Code chapter
11includes compliance with a rule adopted by DNR (Code section
12459.103). Code section 459.602 provides for civil penalties
13that may be assessed for violations of Code chapter 459,
14subchapter II (air quality regulations). A violator is subject
15to Code section 455B.109, which provides for the administrative
16assessment of civil penalties of up to $10,000. Code section
17459.603 provides for civil penalties that may be assessed for
18violations of Code chapter 459, subchapter III (water quality
19regulations). A violator is subject to either Code section
20455B.109 providing for the administrative assessment of civil
21penalties or Code section 455B.191, which provides for a
22general civil penalty assessed judicially of up to $5,000.
23EFFECTIVE DATE. The bill, if enacted, takes effect upon
24enactment.
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2by providing for when two or more confinement feeding
3operations are deemed to be a single operation, making
4penalties applicable, and including effective date and
5applicability provisions.
6BE 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 subsections:
3 NEW SUBSECTION. 8A. a. “Business entity” means a person
4organized as any form of partnership, limited partnership, or
5limited liability limited partnership described in chapter
6488; limited liability company as described in chapter 489;
7a corporation as described in chapter 490, 491, or 504; an
8association as described in chapter 497, 498, and 499; a
9cooperative described in chapter 501; a cooperative association
10described in chapter 501A; an agricultural cooperative
11association as defined in section 502.102; an unincorporated
12nonprofit association as described in chapter 502; or any other
13entity commonly referred to as an investment company, joint
14stock company, joint stock association, or trust, including but
15not limited to a business trust.
16b. “Business entity” includes a person described in
17paragraph “a” regardless of whether the person is organized
18in this state under any of those provisions referred to in
19paragraph “a” or is otherwise authorized to transact business
20in this state under any of those provisions referred to in
21paragraph “a”.
22 NEW SUBSECTION. 41A. “Operation of law” means a transfer
23by inheritance, devise or bequest, court order, dissolution
24decree, order in bankruptcy, insolvency, replevin, foreclosure,
25execution sale, the execution of a judgment, the foreclosure
26of a real estate mortgage, the forfeiture of a real estate
27contract, or a transfer resulting from a decree for specific
28performance.
29 Sec. 2. Section 459.201, subsection 1, Code 2018, is amended
30by striking the subsection and inserting in lieu thereof the
31following:
321. Two or more animal feeding operations under common
33ownership or management are deemed to be a single animal
34feeding operation if they are adjacent or utilize a common
35system for manure storage. In addition, two or more related
-1-1confinement feeding operations are deemed to be a single
2confinement feeding operation as provided in section 459.201A.
3 Sec. 3. Section 459.201, subsection 3, Code 2018, is amended
4to read as follows:
53. a. In calculating the animal unit capacity of a
6confinement feeding operation, the animal unit capacity shall
7include the animal unit capacity of all confinement feeding
8operation buildings which are part of the confinement feeding
9operation, unless a confinement feeding operation building has
10been abandoned.
11b. Unless expressly stated otherwise in this subchapter,
12the animal units of all confinement feeding operations that are
13related and deemed to be a single confinement feeding operation
14shall be combined when calculating the animal unit capacity of
15any one of the confinement feeding operations.
16 Sec. 4. NEW SECTION. 459.201A Special terms — related
17confinement feeding operations.
181. Two or more confinement feeding operations are related
19and deemed to be a single confinement feeding operation, if all
20of the following apply:
21a. A confinement feeding operation structure that is part
22of one confinement feeding operation is separated by less than
23two thousand five hundred feet from a confinement feeding
24operation structure that is part of the other confinement
25feeding operation.
26b. Any of the following apply:
27(1) The confinement feeding operations utilize a
28common system for manure storage or common area for manure
29application.
30(2) The same person holds an interest in the real property
31where the confinement feeding operations are sited. The person
32may hold a legal interest or equitable interest in the real
33property.
34(a) In determining whether the same person holds an
35interest in the real property where the two confinement feeding
-2-1operations are sited, an interest in the real property may be
2held by the person in any of the following forms:
3(i) Legal title, including as a joint tenant or tenant in
4common, or the holder of an interest for life or term of years.
5(ii) Leasehold, including as a lessor or lessee.
6(iii) Real estate contract, including in cases in which the
7person is a vendor or vendee.
8(iv) Equitable title, including as a settlor, trustee, or
9beneficiary.
10(v) Easement, including as the owner of the dominant estate
11or servient estate.
12(b) If the person is a business entity, the business
13entity’s interest in the real property is attributable to any
14of the following:
15(i) A partner, limited partner, shareholder, member,
16settlor, trustee, beneficiary, or other equity holder of the
17business entity.
18(ii) Any officer, manager, or employee of the business
19entity.
20(c) A person’s real property interest is attributable to
21the person’s spouse, parent, grandparent, lineal ascendant of
22a grandparent or spouse and any other lineal descendant of
23the grandparent or spouse, or a person acting in a fiduciary
24capacity for a related person.
25(d) A subsidiary or affiliate of a business entity shall be
26deemed to be the same business entity.
27(e) A person’s interest in a fixture that is attached to the
28real property where a confinement feeding operation is sited,
29including a confinement feeding operation structure, shall be
30deemed to be an interest in the confinement feeding operation.
31(f) A person’s property interest does not include the
32acquisition of property by any of the following:
33(i) Operation of law.
34(ii) A bona fide encumbrance taken for purposes of security,
35including but not limited to a mortgage or deed of trust.
-3- 1(iii) Under a contract in which the other party is a
2government entity.
3 Sec. 5. Section 459.203, unnumbered paragraph 1, Code 2018,
4is amended to read as follows:
5A confinement feeding operation constructed or expanded
6prior to the date that a distance requirement became effective
7under section 459.202 and which does not comply with the
8section’s distance requirement may continue to operate
9regardless of the distance requirement. The In addition and
10except as provided in section 459.203A, such confinement
11feeding operation may be expanded by the construction or
12expansion of a confinement feeding operation structure, if any
13of the following applies:
14 Sec. 6. NEW SECTION. 459.203A Related confinement
15feeding operations deemed to be the same operation expansion of
16confinement feeding operations.
171. If two or more confinement feeding operations are
18related and deemed to be a single confinement feeding operation
19pursuant to sections 459.201 and 459.201A, neither confinement
20feeding operation shall be expanded by the construction or
21expansion of a confinement feeding operation structure on or
22after the effective date of this Act, unless the confinement
23feeding operation structure complies with the distance
24requirements applying to that structure as provided in section
25459.202, subsections 4 and 5.
262. Notwithstanding subsection 1, a confinement feeding
27operation structure may be expanded by replacing one or more
28unformed manure storage structures with one or more formed
29manure storage structures, if all of the following apply:
30a. The animal weight capacity or animal unit capacity,
31whichever is applicable, is not increased for that portion of
32the confinement feeding operation that utilizes all replacement
33formed manure storage structures.
34b. The use of each replaced unformed manure storage
35structure is discontinued within one year after the
-4-1construction of the replacement formed manure storage
2structure.
3c. The capacity of all replacement formed manure storage
4structures does not exceed the capacity required to store
5manure produced by that portion of the confinement feeding
6operation that had utilized all replaced unformed manure
7storage structures.
8d. The replacement formed manure storage structure is not
9closer to an object or location benefiting from a separation
10distance than the separation distance between the replaced
11unformed manure storage structure and the same object or
12location as required in section 459.202.
13 Sec. 7. Section 459.205, subsection 1, Code 2018, is amended
14to read as follows:
151. A confinement feeding operation structure, if the
16structure is part of a confinement feeding operation which that
17 qualifies as a small animal feeding operation. However, this
18subsection shall not apply if to any of the following:
19a. confinement feeding operation structure is an An unformed
20manure storage structure.
21b. Two or more animal feeding operations that are deemed to
22be a single animal feeding operation under section 459.201, if
23the combined animal unit capacity of the confinement feeding
24operations is more than five hundred animal units.
25c. Two or more related confinement feeding operations that
26are deemed to be a single confinement feeding operation under
27sections 459.201 and 459.201A, if the combined animal unit
28capacity of the related confinement feeding operations is more
29than five hundred animal units.
30 Sec. 8. Section 459.301, subsection 1, Code 2018, is amended
31by striking the subsection and inserting in lieu thereof the
32following:
331. Two or more animal feeding operations under common
34ownership or management are deemed to be a single animal
35feeding operation if they are adjacent or utilize a common
-5-1area or system for manure application. In addition, two or
2more related confinement feeding operations are deemed to be
3a single confinement feeding operation in the same manner as
4two confinement feeding operations are determined to be related
5under section 459.201A.
6 Sec. 9. Section 459.301, subsection 3, Code 2018, is amended
7by adding the following new paragraph:
8 NEW PARAGRAPH. c. Unless expressly stated otherwise
9in this subchapter, the animal units of all confinement
10feeding operations that are related and deemed to be the
11same confinement feeding operation shall be combined when
12calculating the animal unit capacity of any one of the
13confinement feeding operations.
14 Sec. 10. Section 459.312, subsection 2, Code 2018, is
15amended to read as follows:
162. a. Not more than one confinement feeding operation shall
17be covered by a single manure management plan.
18b. If two or more confinement feeding operations are deemed
19to be a single confinement feeding operation under section
20459.301, the department may require that a separate manure
21management plan cover each confinement feeding operation.
22 Sec. 11. Section 459.317, subsection 1, paragraph b, Code
232018, is amended by striking the paragraph.
24 Sec. 12. EFFECTIVE DATE. This Act, being deemed of
25immediate importance, takes effect upon enactment.
26 Sec. 13. APPLICABILITY. This Act shall not apply to a
27person who has begun construction of a confinement feeding
28operation structure prior to the effective date of this Act.
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 part
34provides for the regulation of animal feeding operations where
35agricultural animals are maintained for at least 45 days in
-6-1any 12-month period and includes open feedlots and confinement
2feeding operations (operations) including associated
3confinement feeding operation structures (structures), such
4as buildings or manure storage structures. The Code chapter
5is administered and enforced by the department of natural
6resources (DNR). Generally, regulations vary based on the size
7of an operation measured by its animal unit capacity (AUC).
8BILL’S PROVISIONS — RELATED CONFINEMENT FEEDING OPERATIONS.
9 The bill provides that for purposes of administering and
10enforcing Code chapter 459, subchapter II, providing for air
11quality regulations and Code chapter 459, subchapter III,
12providing for water quality regulations, two or more operations
13are deemed to be a single operation if they are related. The
14operations are related if a structure that is part of one
15operation is separated by less than 2,500 feet from a structure
16that is part of the other operation and the same person holds
17a legal or equitable interest in the real property where the
18operations are located. If the person is a business entity,
19the business entity’s interest is attributable to any person
20who owns an interest in the entity or who is an employee,
21manager, or officer of the entity. A person’s interest is also
22attributable to a relative (e.g., spouse, child, or brother or
23sister). A person’s interest does not include the acquisition
24of property by a number of devices including by operation of
25law, an encumbrance taken as a security, or under contract with
26a government entity.
27BACKGROUND — CURRENT LAW — ADJACENCY. For purposes of air
28quality regulation, two or more animal feeding operations under
29common ownership or management are deemed to be a single animal
30feeding operation if they are adjacent or utilize a common
31system for manure storage and are separated within a minimum
32distance from each other based on the size of the operation.
33For purposes of water quality regulation, two or more animal
34feeding operations under common ownership or management are
35deemed to be a single operation if they are adjacent or utilize
-7-1a common area or system for manure disposal and are separated
2by another set of separation distances again based on the size
3of the operation.
4BACKGROUND — AUC. AUC refers to a measurement used to
5determine the maximum number of animal units that may be
6maintained as part of an animal feeding operation at any one
7time. In calculating AUC, a special equivalency factor is
8assigned for each classification of confined animal.
9BACKGROUND — ENFORCEMENT AND APPLICABLE CIVIL PENALTIES.
10 Compliance with a statutory regulation under the Code chapter
11includes compliance with a rule adopted by DNR (Code section
12459.103). Code section 459.602 provides for civil penalties
13that may be assessed for violations of Code chapter 459,
14subchapter II (air quality regulations). A violator is subject
15to Code section 455B.109, which provides for the administrative
16assessment of civil penalties of up to $10,000. Code section
17459.603 provides for civil penalties that may be assessed for
18violations of Code chapter 459, subchapter III (water quality
19regulations). A violator is subject to either Code section
20455B.109 providing for the administrative assessment of civil
21penalties or Code section 455B.191, which provides for a
22general civil penalty assessed judicially of up to $5,000.
23EFFECTIVE DATE. The bill, if enacted, takes effect upon
24enactment.
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