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
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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
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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
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