Bill Text: IA HF164 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to the regulation of confinement feeding operations, including by providing for partially roofed structures and prohibiting the construction, including expansion, of structures, making penalties applicable, and including effective date provisions.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2023-02-07 - Sponsor added, Cahill. H.J. 257. [HF164 Detail]

Download: Iowa-2023-HF164-Introduced.html
House File 164 - Introduced HOUSE FILE 164 BY STAED , STECKMAN , KURTH , CROKEN , LEVIN , BUCK , BROWN-POWERS , EHLERT , WESSEL-KROESCHELL , and GAINES A BILL FOR An Act relating to the regulation of confinement feeding 1 operations, including by providing for partially roofed 2 structures and prohibiting the construction, including 3 expansion, of structures, making penalties applicable, and 4 including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1726YH (3) 90 da/ns
H.F. 164 Section 1. Section 459.102, subsection 15, Code 2023, is 1 amended to read as follows: 2 15. “Confinement feeding operation” means an animal feeding 3 operation in which animals are confined to areas which are 4 totally or partially roofed. 5 Sec. 2. NEW SECTION . 459.104 Moratorium —— confinement 6 feeding operation structures. 7 1. Notwithstanding any provision of this chapter or any 8 other provision of law to the contrary, a person shall not 9 construct, including expand, a confinement feeding operation 10 structure. 11 2. Subsection 1 does not apply to a confinement feeding 12 operation structure that is part of a small animal feeding 13 operation. 14 3. This section does not prohibit a person from completing 15 construction, including expansion, of a confinement feeding 16 operation structure if, prior to the effective date of this 17 Act, the person has begun construction, including expansion, 18 of the confinement feeding operation structure as otherwise 19 allowed under this chapter. 20 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 21 importance, takes effect upon enactment. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 GENERAL. This bill amends Code chapter 459 (the “Animal 26 Agriculture Compliance Act”) (Code section 459.101) which 27 regulates confinement feeding operations. The bill revises 28 the definition of a confinement feeding operation to include 29 an operation that is partially roofed (amended Code section 30 459.102(15)). The bill also prohibits the construction, 31 including expansion, of a confinement feeding operation 32 structure. Such a structure includes a confinement building, a 33 manure storage structure, or an egg washwater structure. The 34 bill provides an exception that allows construction if the new 35 -1- LSB 1726YH (3) 90 da/ns 1/ 2
H.F. 164 structure is part of a small animal feeding operation. The 1 bill does not prohibit a person from completing construction if 2 the person had begun construction prior to the effective date 3 of the bill. 4 BACKGROUND —— ENFORCEMENT AND APPLICABLE CIVIL PENALTIES. 5 Compliance with a statutory regulation under Code chapter 459 6 includes compliance with a rule adopted by the department of 7 natural resources (Code section 459.103). A person violating 8 air quality regulations under Code chapter 459, subchapter 9 II, is subject to an administrative assessment of a civil 10 penalty of up to $10,000 (Code sections 459.602 and 455B.109). 11 A person violating a water quality regulation under Code 12 chapter 459, subchapter III, is subject to the administrative 13 assessment of a civil penalty of up to $10,000 (Code sections 14 459.603 and 455B.109) or a judicially assessed civil penalty of 15 up to $5,000 (Code sections 459.603 and 455B.191). 16 EFFECTIVE DATE. The bill takes effect upon enactment. 17 -2- LSB 1726YH (3) 90 da/ns 2/ 2
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