Bill Text: IA HF407 | 2019-2020 | 88th 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) 2019-02-18 - Introduced, referred to Environmental Protection. H.J. 302. [HF407 Detail]
Download: Iowa-2019-HF407-Introduced.html
House
File
407
-
Introduced
HOUSE
FILE
407
BY
STAED
A
BILL
FOR
An
Act
relating
to
confinement
feeding
operations,
including
1
by
establishing
a
moratorium,
requiring
the
department
of
2
natural
resources
to
adjust
compliance
fees,
requiring
the
3
department
to
submit
a
report
to
the
general
assembly,
4
making
penalties
applicable,
and
including
effective
date
5
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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Section
1.
NEW
SECTION
.
459.104
Moratorium
——
confinement
1
feeding
operations.
2
1.
a.
Notwithstanding
sections
459.303
and
459.304,
the
3
department
shall
not
accept
or
approve
an
application
for
a
4
permit
to
construct
a
confinement
feeding
operation
structure
5
that
is
a
part
of
a
confinement
feeding
operation.
6
b.
A
person
shall
not
begin
construction
of
a
confinement
7
feeding
operation
structure
that
is
a
part
of
a
confinement
8
feeding
operation.
9
2.
Subsection
1
does
not
apply
to
any
of
the
following:
10
a.
A
confinement
feeding
operation
structure
that
is
part
11
of
a
confinement
feeding
operation
that
has
an
animal
unit
12
capacity
of
300
or
fewer
animal
units.
13
b.
A
confinement
feeding
operation
structure,
if
14
construction
of
the
structure
began
prior
to
the
effective
date
15
of
this
Act.
16
c.
The
construction
of
an
egg
washwater
storage
structure
17
that
is
part
of
the
confinement
feeding
operation.
18
d.
The
construction
of
a
dry
bedded
confinement
feeding
19
operation
structure
that
is
part
of
a
dry
bedded
confinement
20
feeding
operation
as
provided
in
chapter
459B.
21
e.
The
construction
of
a
confinement
feeding
operation
22
structure,
for
which
a
variance
has
been
granted.
However,
in
23
order
to
grant
a
variance,
the
department
must
determine
that
24
all
of
the
following
apply:
25
(1)
The
confinement
feeding
operation
structure
replaces
an
26
existing
confinement
feeding
operation
structure.
27
(2)
The
animal
weight
capacity
or
animal
unit
capacity,
28
whichever
is
applicable,
of
the
confinement
feeding
operation
29
is
not
increased.
30
(3)
The
capacity
of
all
manure
storage
structures
is
not
31
increased.
32
(4)
An
unformed
manure
storage
structure
does
not
replace
an
33
existing
manure
storage
structure.
34
(5)
The
construction
of
a
replacement
formed
manure
storage
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structure
that
complies
with
standards
established
pursuant
to
1
section
459.307.
2
(6)
The
construction
of
the
confinement
feeding
operation
3
structure
complies
with
all
applicable
requirements
that
would
4
otherwise
apply
to
the
construction.
5
(7)
The
replacement
confinement
feeding
operation
structure
6
if
it
is
more
likely
than
not
to
provide
a
higher
degree
of
7
environmental
protection
than
the
replaced
confinement
feeding
8
operation
structure.
9
j.
The
replaced
confinement
feeding
operation
structure
must
10
be
closed
as
required
by
the
department,
but
not
later
than
11
six
months
after
the
replacement
confinement
feeding
operation
12
structure
is
constructed.
13
3.
a.
For
purposes
of
this
section,
the
construction
of
14
a
confinement
feeding
operation
includes
the
expansion
of
the
15
structure.
16
b.
Notwithstanding
sections
459.201
and
459.301,
for
17
purposes
of
this
section,
a
confinement
feeding
operation
18
structure
begins
construction
when
a
concrete
foundation
or
19
floor
of
a
structure
has
been
poured.
20
Sec.
2.
NEW
SECTION
.
459.105
Proposed
budget
——
annual
21
stakeholder
meeting.
22
1.
The
department
shall
prepare
a
proposed
budget
for
each
23
fiscal
year
beginning
on
or
after
July
1,
2019,
that
includes
24
all
of
the
following:
25
a.
The
amount
of
all
moneys
appropriated
or
available
to
26
fully
support
the
department’s
administration
and
enforcement
27
of
this
chapter
for
the
following
fiscal
year.
28
b.
Any
necessary
adjustment
to
the
amount
of
one
or
more
29
compliance
fees
described
in
section
459.400
for
deposit
in
30
the
animal
agriculture
compliance
fund
as
provided
in
section
31
459.401.
However,
this
subsection
does
not
require
that
any
32
account
in
the
fund
have
a
zero
ending
balance
at
the
end
of
the
33
fiscal
year.
34
c.
An
estimate
of
all
expenditures
from
the
animal
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agriculture
compliance
fund
to
be
expended
for
reasonable
1
direct
and
indirect
costs
of
fully
administering
and
enforcing
2
this
chapter.
3
2.
The
department
shall
invite
interested
persons
to
4
participate
as
stakeholders
and
convene
an
annual
stakeholder
5
meeting
prior
to
June
1
to
review
the
department’s
proposed
6
budget
for
the
following
fiscal
year.
The
department
shall
7
consider
any
recommendations
of
the
stakeholders
when
computing
8
its
final
budget
for
the
following
fiscal
year.
A
person
9
attending
a
stakeholder
meeting
is
not
entitled
to
receive
10
a
per
diem
as
specified
in
section
7E.6
and
shall
not
be
11
reimbursed
for
expenses
incurred
while
attending
the
meeting.
12
3.
Notwithstanding
section
459.400,
the
department
13
shall
establish
a
final
annual
budget
for
the
fiscal
year,
14
including
any
adjustments
to
the
fee
amounts,
based
on
its
15
estimated
budget
and
after
considering
any
recommendations
of
16
stakeholders
at
the
annual
stakeholder
meeting.
17
4.
The
department
shall
prepare
a
report
to
be
submitted
18
to
the
governor
and
general
assembly
not
later
than
January
19
4,
2021,
that
recommends
the
appropriate
amount
of
moneys
20
required
to
pay
for
all
reasonable
direct
and
indirect
costs
of
21
administering
and
enforcing
this
chapter.
22
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
23
importance,
takes
effect
upon
enactment.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
GENERAL.
This
bill
amends
Code
chapter
459
(the
“Animal
28
Agriculture
Compliance
Act”)
regulated
by
the
department
of
29
natural
resources
(DNR)
by
establishing
a
moratorium
upon
the
30
construction,
including
expansion,
of
a
confinement
feeding
31
operation
structure
(structure)
such
as
buildings
or
manure
32
storage
structure
associated
with
a
confinement
feeding
33
operation
(operation).
The
degree
of
regulation
is
based
on
34
a
number
of
factors
including
the
date
the
operations
were
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established,
the
type
of
structure
being
constructed,
and
1
the
operation’s
size
determined
according
to
its
animal
unit
2
capacity
(AUC).
The
bill
also
requires
DNR
to
establish
3
an
annual
budget
that
provides
for
fully
administering
4
and
enforcing
the
Code
chapter,
including
by
adjusting
the
5
statutory
amount
assessed
for
each
compliance
fee
(fee)
that
is
6
deposited
in
the
animal
agriculture
compliance
fund
(fund).
7
MORATORIUM.
The
moratorium
applies
to
DNR’s
acceptance
or
8
approval
of
applications
for
permits
to
construct
a
structure
9
and
to
the
construction
of
such
structure
(when
concrete
10
is
poured
to
form
its
floor
or
foundation)
regardless
of
11
whether
a
permit
has
been
issued.
A
number
of
exceptions
12
apply,
including
for
operations
having
an
AUC
of
300
or
fewer
13
animal
units,
dry
bedded
confinement
feeding
operations
(where
14
manure
is
stored
as
dry
bedded
manure
rather
than
liquid),
the
15
construction
of
an
egg
washwater
storage
structure,
and
the
16
construction
of
a
structure
pursuant
to
a
variance
granted
by
17
DNR
for
a
replacement
structure
so
long
as
the
operation’s
18
AUC
or
its
manure
storage
capacity
is
not
increased,
and
the
19
structure
provides
a
higher
degree
of
environmental
protection
20
than
the
replaced
structure.
21
DNR
ANNUAL
BUDGET
AND
REPORT.
The
bill
requires
DNR
to
22
prepare
an
estimated
budget
that
calculates
the
total
amount
23
of
moneys
appropriated
and
available
to
fully
fund
DNR’s
24
administration
and
enforcement
of
the
Code
chapter
for
each
25
fiscal
year
beginning
on
or
after
July
1,
2019.
The
estimated
26
budget
must
include
any
necessary
adjustment
to
the
amount
of
27
fees
it
assesses
for
deposit
in
the
fund.
DNR
is
required
to
28
conduct
an
annual
stakeholder
meeting
held
prior
to
June
1
of
29
each
year
in
order
to
consider
DNR’s
estimated
budget
which
30
becomes
final
on
July
1,
the
beginning
of
the
next
fiscal
year.
31
DNR
must
submit
a
report
to
the
governor
and
general
assembly
32
by
January
4,
2021,
that
includes
a
recommendation
for
an
33
appropriate
funding
level.
34
PENALTIES
APPLICABLE.
A
person
who
violates
subchapter
III
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of
the
Code
chapter,
regulating
water
quality,
is
subject
to
1
a
range
of
civil
penalties
not
to
exceed
$10,000,
which
is
2
administratively
enforced
by
DNR
under
the
Iowa
administrative
3
procedures
Act
(Code
chapter
17A).
Alternatively,
a
judicial
4
action
may
be
brought
against
a
person
by
the
attorney
general
5
with
a
civil
penalty
not
to
exceed
$5,000
for
each
day
of
such
6
violation
(Code
section
459.603
referring
to
Code
sections
7
455B.109
and
455B.191).
8
EFFECTIVE
DATE.
The
bill,
if
enacted,
would
take
effect
upon
9
enactment.
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