Bill Text: IA HF2135 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to confinement feeding operations, including by establishing a moratorium, requiring the department of natural resources to adjust compliance fees, requiring the department to submit a report to the general assembly, making penalties applicable, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-30 - Introduced, referred to Agriculture. H.J. 166. [HF2135 Detail]
Download: Iowa-2017-HF2135-Introduced.html
House File 2135 - Introduced HOUSE FILE BY STAED A BILL FOR 1 An Act relating to confinement feeding operations, including 2 by establishing a moratorium, requiring the department of 3 natural resources to adjust compliance fees, requiring the 4 department to submit a report to the general assembly, 5 making penalties applicable, and including effective date 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5553YH (5) 87 da/rn PAG LIN 1 1 Section 1. NEW SECTION. 459.104 Moratorium == confinement 1 2 feeding operations. 1 3 1. a. Notwithstanding sections 459.303 and 459.304, the 1 4 department shall not accept or approve an application for a 1 5 permit to construct a confinement feeding operation structure 1 6 that is a part of a confinement feeding operation. 1 7 b. A person shall not begin construction of a confinement 1 8 feeding operation structure that is a part of a confinement 1 9 feeding operation. 1 10 2. Subsection 1 does not apply to any of the following: 1 11 a. A confinement feeding operation structure that is part 1 12 of a confinement feeding operation that has an animal unit 1 13 capacity of 300 or fewer animal units. 1 14 b. A confinement feeding operation structure, if 1 15 construction of the structure began prior to the effective date 1 16 of this Act. 1 17 c. The construction of an egg washwater storage structure 1 18 that is part of the confinement feeding operation. 1 19 d. The construction of a dry bedded confinement feeding 1 20 operation structure that is part of a dry bedded confinement 1 21 feeding operation as provided in chapter 459B. 1 22 e. The construction of a confinement feeding operation 1 23 structure, for which a variance has been granted. However, in 1 24 order to grant a variance, the department must determine that 1 25 all of the following apply: 1 26 (1) The confinement feeding operation structure replaces an 1 27 existing confinement feeding operation structure. 1 28 (2) The animal weight capacity or animal unit capacity, 1 29 whichever is applicable, of the confinement feeding operation 1 30 is not increased. 1 31 (3) The capacity of all manure storage structures is not 1 32 increased. 1 33 (4) An unformed manure storage structure does not replace an 1 34 existing manure storage structure. 1 35 (5) The construction of a replacement formed manure storage 2 1 structure that complies with standards established pursuant to 2 2 section 459.307. 2 3 (6) The construction of the confinement feeding operation 2 4 structure complies with all applicable requirements that would 2 5 otherwise apply to the construction. 2 6 (7) The replacement confinement feeding operation structure 2 7 if it is more likely than not to provide a higher degree of 2 8 environmental protection than the replaced confinement feeding 2 9 operation structure. 2 10 j. The replaced confinement feeding operation structure must 2 11 be closed as required by the department, but not later than 2 12 six months after the replacement confinement feeding operation 2 13 structure is constructed. 2 14 3. a. For purposes of this section, the construction of 2 15 a confinement feeding operation includes the expansion of the 2 16 structure. 2 17 b. Notwithstanding sections 459.201 and 459.301, for 2 18 purposes of this section, a confinement feeding operation 2 19 structure begins construction when a concrete foundation or 2 20 floor of a structure has been poured. 2 21 Sec. 2. NEW SECTION. 459.105 Proposed budget == annual 2 22 stakeholder meeting. 2 23 1. The department shall prepare a proposed budget for each 2 24 fiscal year beginning on or after July 1, 2018, that includes 2 25 all of the following: 2 26 a. The amount of all moneys appropriated or available to 2 27 fully support the department's administration and enforcement 2 28 of this chapter for the following fiscal year. 2 29 b. Any necessary adjustment to the amount of one or more 2 30 compliance fees described in section 459.400 for deposit in 2 31 the animal agriculture compliance fund as provided in section 2 32 459.401. However, this subsection does not require that any 2 33 account in the fund have a zero ending balance at the end of the 2 34 fiscal year. 2 35 c. An estimate of all expenditures from the animal 3 1 agriculture compliance fund to be expended for reasonable 3 2 direct and indirect costs of fully administering and enforcing 3 3 this chapter. 3 4 2. The department shall invite interested persons to 3 5 participate as stakeholders and convene an annual stakeholder 3 6 meeting prior to June 1 to review the department's proposed 3 7 budget for the following fiscal year. The department shall 3 8 consider any recommendations of the stakeholders when computing 3 9 its final budget for the following fiscal year. A person 3 10 attending a stakeholder meeting is not entitled to receive 3 11 a per diem as specified in section 7E.6 and shall not be 3 12 reimbursed for expenses incurred while attending the meeting. 3 13 3. Notwithstanding section 459.400, the department 3 14 shall establish a final annual budget for the fiscal year, 3 15 including any adjustments to the fee amounts, based on its 3 16 estimated budget and after considering any recommendations of 3 17 stakeholders at the annual stakeholder meeting. 3 18 4. The department shall prepare a report to be submitted 3 19 to the governor and general assembly not later than January 3 20 3, 2020, that recommends the appropriate amount of moneys 3 21 required to pay for all reasonable direct and indirect costs of 3 22 administering and enforcing this chapter. 3 23 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 3 24 importance, takes effect upon enactment. 3 25 EXPLANATION 3 26 The inclusion of this explanation does not constitute agreement with 3 27 the explanation's substance by the members of the general assembly. 3 28 GENERAL. This bill amends Code chapter 459 (the "Animal 3 29 Agriculture Compliance Act") regulated by the department of 3 30 natural resources (DNR) by establishing a moratorium upon the 3 31 construction, including expansion, of a confinement feeding 3 32 operation structure (structure) such as buildings or manure 3 33 storage structure associated with a confinement feeding 3 34 operation (operation). The degree of regulation is based on 3 35 a number of factors including the date the operations were 4 1 established, the type of structure being constructed, and 4 2 the operation's size determined according to its animal unit 4 3 capacity (AUC). The bill also requires DNR to establish 4 4 an annual budget that provides for fully administering 4 5 and enforcing the Code chapter, including by adjusting the 4 6 statutory amount assessed for each compliance fee (fee) that is 4 7 deposited in the animal agriculture compliance fund (fund). 4 8 MORATORIUM. The moratorium applies to DNR's acceptance or 4 9 approval of applications for permits to construct a structure 4 10 and to the construction of such structure (when concrete 4 11 is poured to form its floor or foundation) regardless of 4 12 whether a permit has been issued. A number of exceptions 4 13 apply, including for operations having an AUC of 300 or fewer 4 14 animal units, dry bedded confinement feeding operations (where 4 15 manure is stored as dry bedded manure rather than liquid), the 4 16 construction of an egg washwater storage structure, and the 4 17 construction of a structure pursuant to a variance granted by 4 18 DNR for a replacement structure so long as the operation's 4 19 AUC or its manure storage capacity is not increased, and the 4 20 structure provides a higher degree of environmental protection 4 21 than the replaced structure. 4 22 DNR ANNUAL BUDGET AND REPORT. The bill requires DNR to 4 23 prepare an estimated budget that calculates the total amount 4 24 of moneys appropriated and available to fully fund DNR's 4 25 administration and enforcement of the Code chapter for each 4 26 fiscal year beginning on or after July 1, 2018. The estimated 4 27 budget must include any necessary adjustment to the amount of 4 28 fees it assesses for deposit in the fund. DNR is required to 4 29 conduct an annual stakeholder meeting held prior to June 1 of 4 30 each year in order to consider DNR's estimated budget which 4 31 becomes final on July 1, the beginning of the next fiscal year. 4 32 DNR must submit a report to the governor and general assembly 4 33 by January 3, 2020, that includes a recommendation for an 4 34 appropriate funding level. 4 35 PENALTIES APPLICABLE. A person who violates subchapter III 5 1 of the Code chapter, regulating water quality, is subject to 5 2 a range of civil penalties not to exceed $10,000, which is 5 3 administratively enforced by DNR under the Iowa administrative 5 4 procedures Act (Code chapter 17A). Alternatively, a judicial 5 5 action may be brought against a person by the attorney general 5 6 with a civil penalty not to exceed $5,000 for each day of such 5 7 violation (Code section 459.603 referring to Code sections 5 8 455B.109 and 455B.191). 5 9 EFFECTIVE DATE. The bill, if enacted, would take effect upon 5 10 enactment. LSB 5553YH (5) 87 da/rn
