House File 2119 - Introduced
HOUSE FILE
BY BACON
A BILL FOR
1 An Act relating to confinement feeding operations maintaining
2 fishes, by providing for the calculation of animal unit
3 capacity, making penalties applicable, and including
4 effective date provisions.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 459.102, subsection 6, paragraph l, Code
1 2 2018, is amended to read as follows:
1 3 l. Fish Fishes weighing twenty=five
1 4 grams or more 0.001
1 5 Sec. 2. Section 459.102, subsection 6, Code 2018, is amended
1 6 by adding the following new paragraph:
1 7 NEW PARAGRAPH. m. Fishes weighing less
1 8 than twenty=five grams 0.00006
1 9 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
1 10 importance, takes effect upon enactment.
1 11 EXPLANATION
1 12 The inclusion of this explanation does not constitute agreement with
1 13 the explanation's substance by the members of the general assembly.
1 14 GENERAL. This bill amends the "Animal Agriculture
1 15 Compliance Act" (Code chapter 459) which generally authorizes
1 16 the department of natural resources (DNR) to regulate
1 17 confinement feeding operations (operations) including
1 18 associated confinement feeding operation structures
1 19 (structures) and the use of manure originating from the
1 20 operation (e.g., by application on agricultural land). The
1 21 bill amends provisions that assign an equivalency factor to
1 22 fishes for purposes of calculating the operation's animal unit
1 23 capacity (AUC).
1 24 BILL'S PROVISIONS. The bill provides that when calculating
1 25 an operation's AUC, a fish weighing less than 25 grams is
1 26 assigned a new equivalency factor of 0.00006. A fish weighing
1 27 25 grams or more retains its current assigned equivalency
1 28 factor of 0.001.
1 29 BACKGROUND. An operation includes a totally roofed building
1 30 where certain confined agricultural animals are maintained
1 31 in a structure such as a confinement building for 45 days
1 32 or more during any 12=month period (Code section 459.102).
1 33 Relevant regulations include both air quality requirements
1 34 (e.g., separation distances between a structure or the location
1 35 where manure is applied and a benefited object or location
2 1 such as a residence) and water quality requirements (e.g.,
2 2 the issuance of a construction permit and the approval of a
2 3 manure management plan). Generally, these regulations apply
2 4 differently to structures depending on the operation's size,
2 5 determined by calculating its AUC (the maximum number of animal
2 6 units that may be maintained as part of an operation at any
2 7 one time). Each category of animal is assigned an equivalency
2 8 factor and a category may be subdivided into subcategories
2 9 based on the animal's weight. The equivalency factor for each
2 10 category or subcategory is multiplied by the number of head
2 11 maintained as part of the operation.
2 12 APPLICABLE CIVIL PENALTIES. A person who violates a
2 13 regulation provided in the Code chapter is subject to a civil
2 14 penalty depending upon the type of violation. For an air
2 15 quality violation, the enforcement action is conducted by
2 16 DNR as part of an administrative hearing and the person is
2 17 subject to a range of civil penalties not to exceed $10,000
2 18 (Code section 459.602 referring to Code section 455B.109).
2 19 For a water quality violation, the enforcement action may be
2 20 conducted by DNR in the same manner as an air quality violation
2 21 or it may be conducted by the attorney general as part of a
2 22 court hearing and in that case the person is generally subject
2 23 to a civil penalty that cannot exceed $5,000 (Code section
2 24 459.603 referring to Code sections 455B.109 and 455B.191).
2 25 EFFECTIVE DATE. The bill, if enacted, would take effect upon
2 26 enactment.
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