Bill Text: IA HF521 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act providing for animal feeding operations, including by providing for the zoning of structures, the regulation of structures and operations, providing for property taxes, making penalties applicable, and including effective date and retroactive applicability provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-26 - Introduced, referred to Environmental Protection. H.J. 355. [HF521 Detail]
Download: Iowa-2019-HF521-Introduced.html
House
File
521
-
Introduced
HOUSE
FILE
521
BY
STAED
A
BILL
FOR
An
Act
providing
for
animal
feeding
operations,
including
by
1
providing
for
the
zoning
of
structures,
the
regulation
of
2
structures
and
operations,
providing
for
property
taxes,
3
making
penalties
applicable,
and
including
effective
date
4
and
retroactive
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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521
Section
1.
Section
331.304A,
subsection
2,
Code
2019,
is
1
amended
to
read
as
follows:
2
2.
a.
A
county
shall
not
adopt
or
enforce
county
3
legislation
regulating
a
condition
or
activity
occurring
4
on
land
used
for
the
production,
care,
feeding,
or
housing
5
of
animals
unless
the
regulation
of
the
production,
care,
6
feeding,
or
housing
of
animals
is
expressly
authorized
by
7
state
law.
County
legislation
adopted
in
violation
of
this
8
section
is
void
and
unenforceable
and
any
enforcement
activity
9
conducted
in
violation
of
this
section
is
void.
A
condition
10
or
activity
occurring
on
land
used
for
the
production,
care,
11
feeding,
or
housing
of
animals
includes
but
is
not
limited
to
12
the
construction,
operation,
or
management
of
an
animal
feeding
13
operation,
an
animal
feeding
operation
structure,
or
aerobic
14
structure,
and
to
the
storage,
handling,
or
application
of
15
manure
or
egg
washwater.
16
b.
Paragraph
“a”
does
not
apply
to
a
confinement
feeding
17
operations
siting
ordinance
as
provided
in
section
459.305A.
18
Sec.
2.
Section
335.2,
Code
2019,
is
amended
to
read
as
19
follows:
20
335.2
Farms
exempt.
21
1.
Except
to
the
extent
required
to
implement
section
22
335.27
,
no
ordinance
adopted
under
this
chapter
applies
to
23
land,
farm
houses,
farm
barns,
farm
outbuildings
or
other
24
buildings
or
structures
which
are
primarily
adapted,
by
reason
25
of
nature
and
area,
for
use
for
agricultural
purposes,
while
26
so
used.
However,
the
ordinances
may
apply
to
any
structure,
27
building,
dam,
obstruction,
deposit
or
excavation
in
or
on
the
28
flood
plains
of
any
river
or
stream.
29
2.
Subsection
1
does
not
apply
to
a
confinement
feeding
30
operations
siting
ordinance
as
provided
in
section
459.305A.
31
Sec.
3.
Section
427.1,
subsection
19,
paragraph
e,
32
subparagraph
(1),
Code
2019,
is
amended
to
read
as
follows:
33
(1)
For
the
purposes
of
this
subsection
,
“pollution-control
34
property”
:
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(a)
“Pollution-control
property”
means
personal
property
or
1
improvements
to
real
property,
or
any
portion
thereof,
used
2
primarily
to
control
or
abate
pollution
of
any
air
or
water
of
3
this
state
or
used
primarily
to
enhance
the
quality
of
any
air
4
or
water
of
this
state
and
“recycling
property”
means
personal
5
property
or
improvements
to
real
property
or
any
portion
of
6
the
property,
used
primarily
in
the
manufacturing
process
and
7
resulting
directly
in
the
conversion
of
waste
glass,
waste
8
plastic,
wastepaper
products,
waste
paperboard,
or
waste
wood
9
products
into
new
raw
materials
or
products
composed
primarily
10
of
recycled
material.
In
the
event
such
property
shall
also
11
serve
other
purposes
or
uses
of
productive
benefit
to
the
owner
12
of
the
property,
only
such
portion
of
the
assessed
valuation
13
thereof
as
may
reasonably
be
calculated
to
be
necessary
for
14
and
devoted
to
the
control
or
abatement
of
pollution,
to
the
15
enhancement
of
the
quality
of
the
air
or
water
of
this
state,
16
or
for
recycling
shall
be
exempt
from
taxation
under
this
17
subsection
.
18
(b)
“Pollution-control
property”
or
“recycling
property”
19
does
not
include
property
used
for
purposes
related
to
the
20
care
and
feeding
of
livestock
as
defined
in
section
169C.1,
21
except
for
property
which
is
eligible
for
a
family
farm
tax
22
credit
as
provided
in
chapter
425A.
The
exemption
calculated
23
for
pollution-control
property
or
recycling
property
used
for
24
the
purpose
of
care
and
feeding
of
livestock
and
which
is
25
eligible
for
a
family
farm
tax
credit
is
limited
to
the
first
26
one
hundred
thousand
dollars
of
the
property’s
assessed
value.
27
Sec.
4.
Section
459.102,
subsection
14,
Code
2019,
is
28
amended
to
read
as
follows:
29
14.
“Confinement
feeding
operation”
means
an
animal
feeding
30
operation
in
which
animals
are
confined
to
areas
which
are
31
totally
or
partially
roofed.
32
Sec.
5.
Section
459.102,
Code
2019,
is
amended
by
adding
the
33
following
new
subsections:
34
NEW
SUBSECTION
.
17A.
“Contract
livestock
facility”
means
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the
same
as
defined
in
section
202.1.
1
NEW
SUBSECTION
.
17B.
“Contract
producer”
means
the
same
as
2
defined
in
section
202.1.
3
NEW
SUBSECTION
.
17C.
“Contractor”
means
the
same
as
defined
4
in
section
202.1.
5
NEW
SUBSECTION
.
29A.
“
Formed
egg
washwater
storage
6
structure”
means
an
egg
washwater
storage
structure
that
has
7
walls
and
a
floor
constructed
of
concrete,
concrete
block,
8
wood,
steel,
or
similar
materials.
9
NEW
SUBSECTION
.
42A.
“Production
contract”
means
the
same
10
as
defined
in
section
202.1.
11
NEW
SUBSECTION
.
57A.
“Unformed
egg
washwater
storage
12
structure”
means
an
egg
washwater
storage
structure
other
than
13
a
formed
egg
washwater
storage
structure.
14
Sec.
6.
Section
459.103,
subsection
2,
Code
2019,
is
amended
15
to
read
as
follows:
16
2.
Any
provision
referring
generally
to
compliance
with
17
the
requirements
of
this
chapter
as
applied
to
animal
feeding
18
operations
also
includes
compliance
with
requirements
in
19
rules
adopted
by
the
commission
pursuant
to
this
section
,
20
orders
issued
by
the
department
as
authorized
under
this
21
chapter
,
and
the
terms
and
conditions
applicable
to
licenses,
22
certifications,
permits,
or
manure
management
plans
required
23
under
subchapter
III
.
However,
for
purposes
of
approving
24
or
disapproving
an
application
for
a
construction
permit
as
25
provided
in
section
459.304
,
conditions
for
the
approval
of
an
26
application
based
on
results
produced
by
a
master
matrix
are
27
not
requirements
of
this
chapter
until
the
department
approves
28
or
disapproves
an
application
based
on
those
results.
29
Sec.
7.
NEW
SECTION
.
459.104
Confinement
feeding
operations
30
——
impaired
waters.
31
1.
As
used
in
this
section,
unless
the
context
otherwise
32
requires:
33
a.
“Section
303(d)
list”
means
the
same
as
defined
in
34
section
455B.171.
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b.
“Subwatershed”
means
the
same
as
defined
in
section
1
466B.2.
2
2.
a.
A
person
shall
not
construct,
including
expand,
a
3
confinement
feeding
operation
structure,
if
the
confinement
4
feeding
operation
structure
would
be
located
in
a
subwatershed
5
that
drains
into
a
water
body
or
water
segment
that
has
been
6
placed
on
the
department’s
section
303(d)
list,
regardless
of
7
whether
a
total
maximum
daily
load
for
that
water
body
or
water
8
segment
has
been
developed.
9
b.
The
department
shall
not
file
or
approve
an
application
10
for
a
permit
to
construct,
including
expand,
a
confinement
11
feeding
operation
structure,
if
the
person
could
not
construct
12
the
confinement
feeding
operation
structure
under
paragraph
13
“a”
.
14
3.
Subsection
2
does
not
apply
to
prevent
a
person
from
15
constructing,
including
expanding,
a
confinement
feeding
16
operation
structure
as
otherwise
provided
in
this
subchapter,
17
if
the
confinement
feeding
operation
structure
is
located
in
a
18
subwatershed
that
drains
into
a
water
body
or
water
segment,
19
and
the
department
does
all
of
the
following:
20
a.
Removes
the
water
body
or
water
segment
from
the
section
21
303(d)
list.
22
b.
Determines
that
the
water
body
or
water
segment
is
23
classified
for
a
primary
contact
recreational
use
as
provided
24
in
567
IAC
61.3.
25
4.
Nothing
in
this
section
shall
prohibit
a
person
from
26
completing
construction,
including
expansion,
of
a
confinement
27
feeding
operation
structure,
if
prior
to
the
effective
date
28
of
this
Act,
the
person
has
begun
construction,
including
29
expansion,
of
the
confinement
feeding
operation
structure
as
30
otherwise
allowed
under
this
chapter.
31
Sec.
8.
NEW
SECTION
.
459.201A
Reporting
requirement
——
32
animals
maintained
at
a
confinement
feeding
operation.
33
The
department
may
require
the
owner
or
operator
of
a
34
confinement
feeding
operation
to
submit
one
or
more
animals
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confined
reports
that
contain
information
regarding
the
number
1
of
animals
maintained
at
the
confinement
feeding
operation
in
a
2
manner
and
during
a
time
period
that
the
department
determines
3
is
relevant.
The
report
shall
present
the
information
in
4
a
manner
that
converts
the
number
of
animals
maintained
to
5
equivalent
animal
units.
6
Sec.
9.
NEW
SECTION
.
459.301A
Reporting
requirement
——
7
animals
maintained
at
a
confinement
feeding
operation.
8
The
department
may
require
the
owner
or
operator
of
a
9
confinement
feeding
operation
to
submit
one
or
more
animals
10
confined
reports
that
contain
information
regarding
the
number
11
of
animals
maintained
at
the
confinement
feeding
operation
in
a
12
manner
and
during
a
time
period
that
the
department
determines
13
is
relevant.
The
report
shall
present
the
information
in
14
a
manner
that
converts
the
number
of
animals
maintained
to
15
equivalent
animal
units.
16
Sec.
10.
Section
459.303,
subsection
1,
paragraph
a,
Code
17
2019,
is
amended
by
adding
the
following
new
subparagraph:
18
NEW
SUBPARAGRAPH
.
(3)
A
confinement
feeding
operation
19
structure
if
constructed
or
expanded
would
exist
within
an
area
20
of
the
state
which
the
department
classifies
as
prone
to
the
21
formation
of
sinkholes.
22
Sec.
11.
Section
459.303,
subsection
2,
Code
2019,
is
23
amended
by
striking
the
subsection.
24
Sec.
12.
Section
459.303,
subsection
3,
paragraph
b,
Code
25
2019,
is
amended
to
read
as
follows:
26
b.
A
manure
management
plan
as
provided
in
section
459.312
27
and
,
a
manure
management
plan
filing
fee
as
provided
in
section
28
459.400
,
and
evidence
that
a
surety
bond
has
been
furnished
to
29
the
department
as
provided
in
section
459.312
.
30
Sec.
13.
Section
459.303,
subsection
3,
Code
2019,
is
31
amended
by
adding
the
following
new
paragraphs:
32
NEW
PARAGRAPH
.
e.
A
statement
acknowledging
or
denying
33
that
the
applicant
and
a
contractor
are
parties
to
a
production
34
contract,
or
are
negotiating
to
be
parties
to
a
production
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contract.
If
the
statement
is
an
acknowledgment,
the
1
application
shall
include
all
of
the
following:
2
(1)
The
name
and
mailing
address
of
the
contractor.
3
(2)
Whether
the
applicant
is
a
contract
producer
or
is
4
negotiating
to
become
a
contract
producer.
5
(3)
Whether
the
confinement
feeding
operation
structure
if
6
constructed
would
be
part
of
a
confinement
feeding
operation
7
that
may
become
a
contract
livestock
facility.
8
NEW
PARAGRAPH
.
f.
A
brief
summary
of
the
application
9
completed
on
a
form
prepared
by
the
department
in
consultation
10
with
the
Iowa
state
association
of
counties.
The
completed
11
form
shall
at
least
include
all
of
the
following:
12
(1)
The
name
and
mailing
address
of
the
applicant.
13
(2)
The
type
of
animal
to
be
maintained
at
the
confinement
14
feeding
operation
classified
by
animal
unit,
if
all
proposed
15
confinement
feeding
operation
structures
were
constructed.
16
(3)
The
maximum
number
of
animals
and
the
maximum
number
17
of
animal
units
to
be
maintained
at
the
confinement
feeding
18
operation,
if
all
proposed
confinement
feeding
operation
19
structures
were
constructed.
20
(4)
A
brief
description
of
the
location,
type,
and
size
of
21
each
confinement
feeding
operation
structure
proposed
to
be
22
constructed.
23
NEW
PARAGRAPH
.
g.
A
list
containing
the
name
and
last
known
24
mailing
address
of
each
person
holding
legal
title
to
land
25
located
within
two
miles
of
the
confinement
feeding
operation
26
structure
proposed
to
be
constructed.
The
names
and
mailing
27
addresses
may
be
the
same
as
those
shown
in
the
records
of
28
the
county
auditor
of
the
county
located
within
two
miles
of
29
the
confinement
feeding
operation
structure
proposed
to
be
30
constructed.
31
Sec.
14.
Section
459.303,
subsection
4,
Code
2019,
is
32
amended
by
striking
the
subsection.
33
Sec.
15.
Section
459.303,
Code
2019,
is
amended
by
adding
34
the
following
new
subsection:
35
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NEW
SUBSECTION
.
4A.
If
the
application
is
for
a
permit
1
to
expand
a
confinement
feeding
operation,
the
department
may
2
require
the
applicant
to
submit
an
animals
confined
report
as
3
described
in
section
459.301A.
4
Sec.
16.
Section
459.303,
subsection
7,
Code
2018,
is
5
amended
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
c.
The
department
shall
not
issue
a
7
permit
to
a
person
under
this
section
if
a
surety
bond
8
furnished
to
the
department
under
section
459.312
has
9
expired,
been
canceled,
been
suspended,
or
been
revoked.
10
This
paragraph
applies
to
a
permit
for
the
construction
of
a
11
confinement
feeding
operation
structure
regardless
of
whether
12
the
confinement
feeding
operation
structure
is
part
of
a
13
confinement
feeding
operation
described
in
the
bond.
14
Sec.
17.
NEW
SECTION
.
459.305A
County
control
of
siting.
15
1.
A
county
may
adopt
a
confinement
feeding
operations
16
siting
ordinance.
The
purpose
of
the
ordinance
is
to
allow
17
the
county
board
of
supervisors
to
approve
or
disapprove
18
the
location
of
any
construction,
including
expansion,
of
a
19
confinement
feeding
operation
within
the
county.
20
2.
A
person
shall
not
construct
a
confinement
feeding
21
operation
in
a
county
that
has
adopted
a
confinement
feeding
22
operations
siting
ordinance
until
the
county
board
of
23
supervisors
has
approved
the
location
of
the
confinement
24
feeding
operation
in
a
manner
and
according
to
procedures
25
required
in
the
ordinance.
26
a.
The
county
board
of
supervisors
may
subject
its
27
approval
to
conditions
for
the
construction
or
operation
of
28
the
confinement
feeding
operation
or
the
application
of
manure
29
originating
from
the
confinement
feeding
operation.
30
b.
A
person
required
to
be
issued
a
permit
by
the
department
31
for
the
construction
of
a
confinement
feeding
operation
as
32
provided
in
section
459.303
must
be
issued
such
permit
prior
to
33
obtaining
approval
by
the
county
board
of
supervisors.
34
c.
A
county
board
of
supervisors
may
base
its
approval
or
35
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disapproval
on
factors
other
than
factors
considered
by
the
1
department
when
approving
or
disapproving
an
application
to
2
construct
the
confinement
feeding
operation.
3
3.
A
county
may
adopt
county
legislation
necessary
to
4
effectuate
the
purposes
of
this
section
notwithstanding
section
5
331.304A
or
335.2.
6
Sec.
18.
Section
459.307,
subsection
4,
Code
2019,
is
7
amended
by
striking
the
subsection.
8
Sec.
19.
Section
459.308,
subsection
3,
Code
2019,
is
9
amended
by
striking
the
subsection.
10
Sec.
20.
NEW
SECTION
.
459.309
Manure
storage
structures
——
11
notice
of
structural
failure.
12
1.
The
owner
or
operator
of
a
confinement
feeding
operation
13
shall
notify
the
department
of
the
structural
failure
of
a
14
manure
storage
structure
that
is
part
of
the
confinement
15
feeding
operation,
regardless
of
whether
it
is
a
failure
in
16
design
or
construction
or
whether
such
failure
may
result
in
a
17
violation
of
section
459.311.
18
2.
The
owner
or
operator
of
a
confinement
feeding
operation
19
shall
notify
the
department
of
a
probable
immediate
structural
20
failure
of
a
manure
storage
structure
that
is
part
of
a
21
confinement
feeding
operation,
as
described
in
subsection
1.
22
The
determination
of
a
probable
immediate
structural
failure
23
shall
be
based
on
factors
established
by
the
department
which
24
may
include
any
of
the
following:
25
a.
An
observation
by
the
owner
or
operator
of
the
26
confinement
feeding
operation
that
the
integrity
of
the
27
structure
has
been
compromised.
28
b.
An
observation
by
the
owner
or
operator
of
the
29
confinement
feeding
operation
that
a
discharge
from
the
manure
30
storage
structure
appears
to
have
occurred.
31
c.
A
verbal
or
written
report
made
to
the
owner
or
operator
32
of
the
confinement
feeding
operation
by
a
professional
engineer
33
based
on
the
professional
engineer’s
inspection
of
the
manure
34
storage
structure.
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3.
The
department
shall
adopt
rules
providing
notice
1
procedures,
including
when
and
how
the
owner
or
operator
of
2
the
confinement
feeding
operation
is
required
to
contact
the
3
department.
4
a.
The
department
may
provide
for
different
procedures
based
5
on
factors
established
by
the
department
that
quantify
the
6
level
of
threat
to
water
quality
resulting
from
a
structural
7
failure
as
described
in
subsection
1
or
a
probable
immediate
8
structural
failure
as
described
in
subsection
2.
The
factors
9
may
include
but
are
not
limited
to
any
of
the
following:
10
(1)
The
type
and
size
of
the
confinement
feeding
operation
11
structure.
12
(2)
The
proximity
of
any
discharge
or
probable
immediate
13
discharge
to
the
groundwater,
a
major
water
source,
or
a
14
high-quality
water
source.
15
(3)
Whether
the
confinement
feeding
operation
structure
is
16
located
on
karst
terrain.
17
b.
The
department
may
provide
for
different
procedures
18
based
on
whether
the
structural
failure
has
caused
or
may
cause
19
injury
or
suffering
to
an
animal
maintained
in
a
confinement
20
building
that
is
associated
with
a
manure
storage
structure.
21
Sec.
21.
NEW
SECTION
.
459.309
Construction
and
expansion
of
22
animal
feeding
operation
structures
——
karst
terrain
or
terrain
23
that
drains
into
a
known
sinkhole.
24
1.
A
person
shall
not
construct
or
expand
an
animal
feeding
25
operation
structure
on
karst
terrain
or
terrain
that
drains
26
into
a
known
sinkhole.
27
2.
Subsection
1
does
not
apply
to
any
of
the
following:
28
a.
The
construction
of
a
formed
manure
storage
structure
29
that
is
constructed
to
replace
an
unformed
manure
storage
30
structure.
The
formed
manure
storage
structure
must
31
be
constructed
in
a
manner
that
complies
with
upgraded
32
construction
design
standards
necessary
to
ensure
that
the
33
structure
does
not
pollute
groundwater
sources.
However,
the
34
capacity
of
all
replacement
formed
manure
storage
structures
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shall
not
exceed
the
capacity
required
to
store
all
manure
from
1
the
animal
feeding
operation
on
the
effective
date
of
this
Act.
2
b.
The
construction
of
a
formed
egg
washwater
storage
3
structure
that
is
constructed
to
replace
an
unformed
egg
4
washwater
storage
structure.
The
formed
egg
washwater
storage
5
structure
must
be
constructed
in
a
manner
that
complies
with
6
upgraded
construction
design
standards
necessary
to
ensure
that
7
the
structure
does
not
pollute
groundwater
sources.
However,
8
the
capacity
of
all
replacement
formed
egg
washwater
storage
9
structures
shall
not
exceed
the
capacity
required
to
store
10
all
egg
washwater
from
the
animal
feeding
operation
on
the
11
effective
date
of
this
Act.
12
3.
a.
If
an
unformed
manure
storage
structure
was
13
constructed
on
karst
terrain
or
terrain
that
drains
into
a
14
known
sinkhole
prior
to
the
effective
date
of
this
Act,
there
15
must
be
a
twenty-five-foot
vertical
separation
distance
between
16
the
bottom
of
the
unformed
manure
storage
structure
and
any
17
underlying
limestone,
dolomite,
or
other
soluble
rock.
The
18
unformed
manure
storage
structure
must
have
been
constructed
19
according
to
construction
design
standards
necessary
to
ensure
20
that
the
structure
does
not
pollute
groundwater
sources.
21
b.
A
formed
manure
storage
structure
constructed
on
karst
22
terrain
or
terrain
that
drains
into
a
known
sinkhole
prior
to
23
the
effective
date
of
this
Act,
must
have
been
constructed
24
according
to
construction
design
standards
necessary
to
ensure
25
that
the
structure
does
not
pollute
groundwater
sources.
26
Sec.
22.
NEW
SECTION
.
459.309B
Sinkholes.
27
If
the
confinement
feeding
operation
structure
is
to
be
28
constructed
or
expanded
within
an
area
of
the
state
which
the
29
department
classifies
as
prone
to
the
formation
of
sinkholes,
a
30
statement
by
a
qualified
geologist
verifying
that
there
is
a
31
low
probability
that
a
sinkhole
if
formed
would
exist
within
32
the
applicable
separation
distance
between
the
sinkhole
and
33
confinement
feeding
operation
structure
as
otherwise
required
34
pursuant
section
459.310.
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Sec.
23.
Section
459.311D,
Code
2019,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
459.311D
Stockpiling
dry
manure
on
karst
terrain
or
terrain
3
that
drains
into
a
known
sinkhole.
4
1.
Except
as
provided
in
this
section,
a
person
shall
not
5
stockpile
dry
manure
on
karst
terrain
or
in
an
area
that
drains
6
into
a
known
sinkhole.
7
2.
A
person
who
stockpiled
dry
manure
on
karst
terrain
8
or
in
an
area
that
drains
into
a
known
sinkhole
prior
to
the
9
effective
date
of
this
Act
may
continue
to
stockpile
the
dry
10
manure
at
the
same
location
so
long
as
the
person
complies
with
11
all
of
the
following:
12
a.
There
is
a
vertical
separation
distance
of
at
least
five
13
feet
between
the
bottom
of
the
stockpile
and
the
underlying
14
limestone,
dolomite,
or
other
soluble
rock.
15
b.
The
dry
manure
is
stockpiled
in
a
qualified
stockpile
16
structure.
17
c.
The
person
does
not
expand
the
volume
or
weight
of
dry
18
manure.
19
d.
A
person
shall
discontinue
stockpiling
dry
manure
at
20
that
same
location
on
and
after
July
1,
2027,
unless
the
21
person
obtains
a
waiver
by
the
department
upon
such
terms
and
22
conditions
required
by
the
department.
The
department
shall
23
only
grant
a
waiver
if
the
department
is
satisfied
that
the
24
stockpiled
dry
manure
does
not
pollute
groundwater
sources.
25
Sec.
24.
NEW
SECTION
.
459.311F
Outstanding
Iowa
waters.
26
A
person
shall
not
construct
or
expand
a
confinement
feeding
27
operation
structure
in
a
watershed
with
a
hydrologic
unit
28
code
scale
12
or
smaller,
if
the
watershed
constitutes
an
29
outstanding
state
resource,
including
waters
of
exceptional
30
recreational
or
ecological
significance,
as
designated
by
the
31
department.
32
Sec.
25.
Section
459.312,
subsection
1,
paragraph
a,
33
subparagraph
(1),
Code
2019,
is
amended
by
striking
the
34
subparagraph.
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Sec.
26.
Section
459.312,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
6A.
The
department
shall
not
approve
an
3
original
manure
management
plan
or
an
updated
manure
management
4
plan,
unless
it
is
accompanied
with
evidence
that
a
surety
bond
5
has
been
furnished
to
the
department
by
a
surety.
However,
the
6
department
may
approve
an
original
manure
management
plan
on
7
the
condition
that
the
bond
be
furnished
prior
to
the
date
that
8
manure
is
stored
in
the
manure
storage
structure
described
in
9
the
manure
management
plan.
10
a.
The
surety
must
be
a
business
entity
organized
or
formed
11
in
this
state
or
otherwise
authorized
to
do
business
in
this
12
state
as
a
surety
company
and
be
approved
by
the
department
13
according
to
criteria
established
by
the
department.
The
bond
14
shall
be
in
the
amount
of
ten
million
dollars.
15
b.
The
bond
shall
run
to
the
state,
and
guarantee
payment
16
to
the
state
of
costs
directly
attributable
to
a
violation
of
17
section
459.311
that
causes
a
discharge
of
manure
from
a
manure
18
storage
structure
as
described
in
the
manure
management
plan.
19
The
costs
shall
be
limited
to
any
of
the
following:
20
(1)
The
reimbursement
of
moneys
expended
by
the
state,
a
21
political
subdivision,
or
an
agent
of
the
state
or
a
political
22
subdivision,
for
reasonable
costs
of
providing
for
containment
23
or
cleanup.
The
reimbursement
may
cover
costs
associated
with
24
cleaning
up
the
confinement
feeding
operation
and
remediating
25
contamination
which
originates
from
the
confinement
feeding
26
operation,
pursuant
to
sections
455B.381
through
455B.399.
27
(2)
The
restoration
of
wild
animal
populations
or
habitat,
28
to
the
extent
that
any
payment
received
under
the
bond
is
not
29
duplicative
of
a
restitution
payment
received
by
the
state
30
under
section
481A.151.
31
(3)
Payment
of
a
judgment
award
recovered
by
a
person
in
a
32
civil
action
for
actual
property
damages,
including
reasonable
33
attorney’s
fees.
The
bond
shall
be
open
to
successive
judgment
34
awards
caused
by
the
same
violation.
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c.
The
total
and
aggregate
liability
of
the
surety
for
all
1
claims
by
the
state
arising
from
the
violation
shall
be
limited
2
to
the
face
of
the
bond.
3
d.
The
bond
shall
not
expire
until
sixty
days
after
4
expiration
of
the
manure
management
plan.
The
surety
shall
5
not
cancel
the
bond
without
providing
for
at
least
forty-five
6
days’
notice
by
certified
mail
to
the
department
and
the
7
owner
required
to
submit
the
manure
management
plan.
When
8
the
department
receives
a
notice
of
cancellation,
and
a
bond
9
is
still
required,
the
department
shall
automatically
suspend
10
the
manure
management
plan
if
the
department
does
not
receive
11
a
replacement
bond
within
thirty
days
of
the
delivery
of
the
12
notice
of
cancellation.
If
a
replacement
bond
is
not
furnished
13
to
the
department
within
ten
days
following
the
suspension,
the
14
department
shall
automatically
revoke
the
manure
management
15
plan.
In
addition,
the
department
shall
disapprove
all
pending
16
permit
applications
for
the
construction
of
a
confinement
17
feeding
operation
structure
filed
with
the
department
by
the
18
owner
as
provided
in
section
459.303.
19
Sec.
27.
Section
459.312,
subsection
10,
Code
2019,
is
20
amended
by
adding
the
following
new
paragraph:
21
NEW
PARAGRAPH
.
0a.
The
average
number
of
animal
units
22
maintained
at
the
confinement
feeding
operation
during
a
period
23
established
by
the
department.
24
Sec.
28.
Section
459.319,
subsection
2,
Code
2019,
is
25
amended
by
adding
the
following
new
paragraph:
26
NEW
PARAGRAPH
.
c.
A
person
who
stockpiles
dry
manure
on
27
karst
terrain
or
in
an
area
that
drains
into
a
known
sinkhole.
28
Sec.
29.
Section
459A.102,
subsection
28,
Code
2019,
is
29
amended
to
read
as
follows:
30
28.
“Open
feedlot
operation”
or
“operation”
means
an
31
unroofed
or
partially
roofed
animal
feeding
operation
if
crop,
32
vegetation,
or
forage
growth
or
residue
cover
is
not
maintained
33
as
part
of
the
animal
feeding
operation
during
the
period
that
34
animals
are
confined
in
the
animal
feeding
operation
and
the
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521
animals
have
unrestricted
access
to
any
structure
.
1
Sec.
30.
Section
459A.102,
Code
2019,
is
amended
by
adding
2
the
following
new
subsection:
3
NEW
SUBSECTION
.
31A.
“Qualified
stockpile
structure”
means
4
the
same
as
defined
in
section
459.102.
5
Sec.
31.
NEW
SECTION
.
459A.106
Open
feedlot
operations
and
6
small
animal
truck
wash
facilities
——
impaired
waters.
7
1.
As
used
in
this
section,
unless
the
context
otherwise
8
requires:
9
a.
“Section
303(d)
list”
means
the
same
as
defined
in
10
section
455B.171.
11
b.
“Subwatershed”
means
the
same
as
defined
in
section
12
466B.2.
13
2.
a.
A
person
shall
not
construct,
including
expand,
a
14
structure,
if
the
structure
would
be
located
in
a
subwatershed
15
that
drains
into
a
water
body
or
water
segment
that
has
been
16
placed
on
the
department’s
section
303(d)
list,
regardless
of
17
whether
a
total
maximum
daily
load
for
that
water
body
or
water
18
segment
has
been
developed.
19
b.
The
department
shall
not
file
or
approve
an
application
20
for
a
permit
to
construct,
including
expand,
a
structure,
if
21
the
person
could
not
construct
the
structure
under
paragraph
22
“a”
.
23
3.
Subsection
2
does
not
apply
to
prevent
a
person
from
24
constructing,
including
expanding,
a
structure
as
otherwise
25
provided
in
this
subchapter,
if
the
structure
is
located
in
a
26
subwatershed
that
drains
into
a
water
body
or
water
segment,
27
and
the
department
does
all
of
the
following:
28
a.
Removes
the
water
body
or
water
segment
from
the
section
29
303(d)
list.
30
b.
Determines
that
the
water
body
or
water
segment
is
31
classified
for
a
primary
contact
recreational
use
as
provided
32
in
567
IAC
61.3.
33
4.
Nothing
in
this
section
shall
prohibit
a
person
from
34
completing
construction,
including
expansion,
of
a
structure,
35
-14-
LSB
1316YH
(6)
88
da/rn
14/
27
H.F.
521
if
prior
to
the
effective
date
of
this
Act,
the
person
has
1
begun
construction,
including
expansion,
of
the
structure
as
2
otherwise
allowed
under
this
chapter.
3
Sec.
32.
NEW
SECTION
.
459A.107
Outstanding
Iowa
waters.
4
A
person
shall
not
construct
or
expand
a
structure
in
a
5
watershed
with
a
hydrologic
unit
code
scale
12
or
smaller,
6
if
the
watershed
constitutes
an
outstanding
state
resource,
7
including
waters
of
exceptional
recreational
or
ecological
8
significance,
as
designated
by
the
department.
9
Sec.
33.
NEW
SECTION
.
459A.107B
Sinkholes.
10
If
an
open
feedlot
operation
structure
is
to
be
constructed
11
or
expanded
within
an
area
of
the
state
which
the
department
12
classifies
as
prone
to
the
formation
of
sinkholes,
a
statement
13
by
a
qualified
geologist
verifying
that
there
is
a
low
14
probability
that
a
sinkhole
if
formed
would
exist
within
15
the
applicable
separation
distance
between
the
sinkhole
and
16
structure
as
otherwise
required
pursuant
to
section
459.310.
17
Sec.
34.
Section
459A.205,
subsection
8,
paragraph
e,
18
subparagraph
(2),
Code
2019,
is
amended
to
read
as
follows:
19
(2)
If
an
a
formed
animal
truck
wash
effluent
structure
20
is
to
be
constructed
on
karst
terrain
as
provided
in
section
21
459A.406A
,
the
engineering
report
must
establish
that
the
22
construction
complies
with
the
requirements
of
section
23
459A.404
.
24
Sec.
35.
Section
459A.403,
Code
2019,
is
amended
by
adding
25
the
following
new
subsection:
26
NEW
SUBSECTION
.
3.
A
person
shall
not
stockpile
solids
on
27
karst
terrain
or
in
an
area
that
drains
into
a
known
sinkhole
28
except
as
provided
in
section
459A.403A.
29
Sec.
36.
NEW
SECTION
.
459A.403A
Stockpiling
solids
on
karst
30
terrain
or
terrain
that
drains
into
a
known
sinkhole
——
open
31
feedlots
and
animal
truck
wash
facility.
32
1.
Except
as
provided
in
this
section,
a
person
shall
not
33
stockpile
solids
on
karst
terrain
or
in
an
area
that
drains
34
into
a
known
sinkhole.
35
-15-
LSB
1316YH
(6)
88
da/rn
15/
27
H.F.
521
2.
A
person
who
stockpiled
solids
on
karst
terrain
or
in
an
1
area
that
drains
into
a
known
sinkhole
prior
to
the
effective
2
date
of
this
Act
may
continue
to
stockpile
the
solids
at
the
3
same
location
so
long
as
the
person
complies
with
all
of
the
4
following:
5
a.
There
is
a
vertical
separation
distance
of
at
least
five
6
feet
between
the
bottom
of
the
stockpile
and
any
underlying
7
limestone,
dolomite,
or
other
soluble
rock.
8
b.
The
solids
are
stockpiled
in
a
qualified
stockpile
9
structure.
10
c.
The
person
does
not
expand
the
volume
or
weight
of
11
stockpiled
solids.
12
d.
A
person
stockpiling
solids
shall
remove
the
solids
and
13
apply
them
in
accordance
with
the
provisions
of
chapter
459,
14
including
section
459.311
within
six
months
after
the
solids
15
are
first
stockpiled.
A
person
shall
discontinue
stockpiling
16
the
solids
at
that
same
location
on
and
after
July
1,
2027,
17
unless
the
person
obtains
a
waiver
by
the
department
upon
18
such
terms
and
conditions
required
by
the
department.
The
19
department
shall
only
grant
a
waiver
if
the
department
is
20
satisfied
that
the
stockpiled
solids
do
not
pollute
groundwater
21
sources.
22
Sec.
37.
Section
459A.404,
subsection
5,
Code
2019,
is
23
amended
by
striking
the
subsection.
24
Sec.
38.
NEW
SECTION
.
459A.406
Construction
and
expansion
25
of
open
feedlot
operation
structures
——
karst
terrain
or
terrain
26
that
drains
into
a
known
sinkhole.
27
1.
A
person
shall
not
construct
or
expand
an
open
feedlot
28
operation
structure
on
karst
terrain
or
terrain
that
drains
29
into
a
known
sinkhole.
30
2.
If
an
open
feedlot
operation
structure
was
constructed
31
on
karst
terrain
or
terrain
that
drains
into
a
known
sinkhole
32
prior
to
the
effective
date
of
this
Act,
there
must
be
a
33
twenty-five-foot
vertical
separation
distance
between
the
34
bottom
of
the
open
feedlot
operation
structure
and
any
35
-16-
LSB
1316YH
(6)
88
da/rn
16/
27
H.F.
521
underlying
limestone,
dolomite,
or
other
soluble
rock.
The
1
open
feedlot
operation
structure
must
have
been
constructed
2
according
to
construction
design
standards
necessary
to
ensure
3
the
structure
does
not
pollute
groundwater
sources.
4
Sec.
39.
NEW
SECTION
.
459A.406A
Construction
and
expansion
5
of
animal
truck
wash
effluent
structures
——
karst
terrain
or
6
terrain
that
drains
into
a
known
sinkhole.
7
1.
A
person
shall
not
construct
or
expand
an
animal
truck
8
wash
effluent
structure
on
karst
terrain
on
and
after
the
9
effective
date
of
this
Act.
10
2.
Subsection
1
does
not
apply
to
the
construction
11
of
a
formed
animal
truck
wash
effluent
structure
that
is
12
constructed
to
replace
an
unformed
animal
truck
wash
effluent
13
structure
on
karst
terrain
or
terrain
that
drains
into
a
known
14
sinkhole.
The
formed
animal
truck
wash
effluent
structure
15
must
be
constructed
in
a
manner
that
complies
with
upgraded
16
construction
design
standards
necessary
to
ensure
that
the
17
structure
does
not
pollute
groundwater
sources.
However,
the
18
capacity
of
all
replacement
formed
animal
truck
wash
effluent
19
structures
shall
not
exceed
the
capacity
required
to
store
all
20
animal
truck
wash
effluent
from
the
animal
truck
wash
facility
21
on
the
effective
date
of
this
Act.
22
3.
a.
If
an
unformed
animal
truck
wash
effluent
structure
23
was
constructed
on
karst
terrain
or
terrain
that
drains
into
a
24
known
sinkhole
prior
to
the
effective
date
of
this
Act,
there
25
must
be
a
twenty-five-foot
vertical
separation
distance
between
26
the
bottom
of
the
unformed
animal
truck
wash
effluent
structure
27
and
any
underlying
limestone,
dolomite,
or
other
soluble
rock.
28
The
unformed
animal
truck
wash
effluent
structure
must
have
29
been
constructed
according
to
construction
design
standards
30
necessary
to
ensure
the
structure
does
not
pollute
groundwater
31
sources.
32
b.
A
formed
animal
truck
wash
effluent
structure
constructed
33
on
karst
terrain
or
terrain
that
drains
into
a
known
sinkhole
34
prior
to
the
effective
date
of
this
Act,
must
have
been
35
-17-
LSB
1316YH
(6)
88
da/rn
17/
27
H.F.
521
constructed
according
to
construction
design
standards
1
necessary
to
ensure
that
the
structure
does
not
pollute
2
groundwater
sources.
3
Sec.
40.
Section
459B.201,
Code
2019,
is
amended
to
read
as
4
follows:
5
459B.201
Construction
design
standards.
6
A
person
constructing
a
dry
bedded
confinement
feeding
7
operation
structure
on
karst
terrain
or
in
an
alluvial
aquifer
8
area
shall
comply
with
all
of
the
following:
9
1.
The
person
must
construct
the
dry
bedded
confinement
10
feeding
operation
structure
at
a
location
where
there
is
a
11
vertical
separation
distance
of
at
least
five
feet
between
12
the
bottom
of
the
floor
of
the
dry
bedded
confinement
feeding
13
operation
structure
and
the
underlying
limestone,
dolomite,
or
14
other
soluble
rock
in
karst
terrain
or
the
underlying
sand
and
15
gravel
aquifer
in
an
alluvial
aquifer
area.
16
2.
The
person
must
construct
the
dry
bedded
confinement
17
feeding
operation
structure
with
a
floor
consisting
of
18
reinforced
concrete
at
least
five
inches
thick.
19
Sec.
41.
NEW
SECTION
.
459B.203
Karst
terrain
and
terrain
20
that
drains
into
a
known
sinkhole
——
construction
and
expansion
21
of
dry
bedded
confinement
feeding
operation
structures.
22
1.
A
person
shall
not
construct
or
expand
a
dry
bedded
23
confinement
feeding
operation
structure
on
karst
terrain
or
24
terrain
that
drains
into
a
known
sinkhole.
25
2.
If
a
dry
bedded
confinement
feeding
operation
structure
26
was
constructed
on
karst
terrain
or
terrain
that
drains
into
27
a
known
sinkhole
prior
to
the
effective
date
of
this
Act,
28
there
must
be
a
five-foot
vertical
separation
distance
between
29
the
bottom
of
the
dry
bedded
confinement
feeding
operation
30
structure
and
any
underlying
limestone,
dolomite,
or
other
31
soluble
rock.
The
dry
bedded
confinement
feeding
operation
32
structure
must
have
been
constructed
according
to
construction
33
design
standards
necessary
to
ensure
the
structure
does
not
34
pollute
groundwater
sources.
35
-18-
LSB
1316YH
(6)
88
da/rn
18/
27
H.F.
521
Sec.
42.
Section
459B.307,
subsection
1,
paragraph
e,
1
unnumbered
paragraph
1,
Code
2019,
is
amended
to
read
as
2
follows:
3
The
person
shall
not
stockpile
dry
bedded
manure
on
karst
4
terrain
or
in
an
alluvial
aquifer
area
unless
the
person
5
complies
with
all
of
the
following:
6
Sec.
43.
Section
459B.307,
Code
2019,
is
amended
by
adding
7
the
following
new
subsection:
8
NEW
SUBSECTION
.
3.
A
person
shall
only
stockpile
dry
bedded
9
manure
on
karst
terrain
or
terrain
that
drains
into
a
known
10
sinkhole
as
provided
in
section
459B.307A.
11
Sec.
44.
NEW
SECTION
.
459B.307A
Stockpiling
dry
bedded
12
manure
on
karst
terrain
or
terrain
that
drains
into
a
known
13
sinkhole.
14
1.
Except
as
provided
in
this
section,
a
person
shall
not
15
stockpile
dry
bedded
manure
on
karst
terrain
or
in
an
area
that
16
drains
into
a
known
sinkhole.
17
2.
A
person
who
stockpiled
dry
bedded
manure
on
karst
18
terrain
or
in
an
area
that
drains
into
a
known
sinkhole
prior
19
to
the
effective
date
of
this
Act
may
continue
to
stockpile
the
20
dry
bedded
manure
at
the
same
location
so
long
as
the
person
21
complies
with
all
of
the
following:
22
a.
There
is
a
vertical
separation
distance
of
at
least
five
23
feet
between
the
bottom
of
the
stockpile
and
any
underlying
24
limestone,
dolomite,
or
other
soluble
rock.
25
b.
The
dry
bedded
manure
is
stockpiled
in
a
qualified
26
stockpile
structure.
27
c.
The
person
does
not
expand
the
volume
or
weight
of
28
stockpiled
dry
bedded
manure.
29
d.
A
person
stockpiling
dry
bedded
manure
shall
remove
30
the
dry
bedded
manure
and
apply
it
in
accordance
with
the
31
provisions
of
chapter
459,
including
section
459.311
within
32
six
months
after
the
dry
bedded
manure
is
first
stockpiled.
33
A
person
shall
discontinue
stockpiling
dry
bedded
manure
at
34
that
same
location
on
and
after
July
1,
2027,
unless
the
35
-19-
LSB
1316YH
(6)
88
da/rn
19/
27
H.F.
521
person
obtains
a
waiver
by
the
department
upon
such
terms
and
1
conditions
required
by
the
department.
The
department
shall
2
only
grant
a
waiver
if
the
department
is
satisfied
that
the
3
stockpiled
dry
bedded
manure
does
not
pollute
groundwater
4
sources.
5
Sec.
45.
Section
481A.151,
subsection
1,
Code
2019,
is
6
amended
to
read
as
follows:
7
1.
a.
A
person
who
is
liable
for
polluting
a
water
of
this
8
state
in
violation
of
state
law,
including
this
chapter
,
shall
9
also
be
liable
to
pay
restitution
to
the
department
for
injury
10
caused
to
a
wild
animal
by
the
pollution.
The
amount
of
the
11
restitution
shall
also
include
the
department’s
administrative
12
costs
for
investigating
the
incident.
13
b.
The
administration
of
this
section
shall
not
result
in
14
a
duplication
of
damages
collected
by
the
department
under
15
section
455B.392,
subsection
1
,
paragraph
“a”
,
subparagraph
16
(3)
,
or
section
459.312,
subsection
6A
.
17
Sec.
46.
REPEAL.
Sections
459.304
and
459.305,
Code
2019,
18
are
repealed.
19
Sec.
47.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
20
immediate
importance,
takes
effect
upon
enactment,
other
than
21
the
section
of
this
Act
amending
section
427.1,
which
takes
22
effect
January
1,
2020.
23
Sec.
48.
APPLICABILITY.
Section
427.1,
as
amended
in
this
24
Act,
applies
to
tax
years
beginning
on
or
after
January
1,
25
2020.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
GENERAL.
This
bill
amends
a
number
of
provisions
relating
30
to
animal
feeding
operations,
including
confinement
feeding
31
operations
under
Code
chapter
459
(“Animal
Agriculture
32
Compliance
Act”),
open
feed
lot
operations
and
animal
truck
33
wash
facilities
under
Code
chapter
459A
(“Animal
Agriculture
34
Compliance
Act
for
Open
Feedlot
Operations
and
Animal
Truck
35
-20-
LSB
1316YH
(6)
88
da/rn
20/
27
H.F.
521
Wash
Facilities”),
and
Code
chapter
459B
(“Animal
Agriculture
1
Compliance
Act
for
Dry
Bedded
Confinement
Feeding
Operations”).
2
CONFINEMENT
FEEDING
OPERATIONS
——
COUNTY
ZONING.
The
3
bill
provides
that
a
county
may
adopt
a
confinement
feeding
4
operations
siting
ordinance
which
allows
a
county
board
of
5
supervisors
(board)
to
approve
the
site
where
the
construction
6
of
a
structure
associated
with
a
confinement
feeding
operation
7
(CAFO)
is
to
occur.
The
board
may
place
conditions
on
site
8
approval
if
the
conditions
relate
to
the
construction
or
9
operation
of
the
confinement
feeding
operation
or
to
manure
10
application.
11
The
bill
provides
that
the
county
may
adopt
the
ordinance
12
notwithstanding
provisions
in
Code
section
331.304A
which
13
prohibits
a
county
from
adopting
legislation
that
regulates
14
animal
agriculture
and
Code
section
335.2
which
prohibits
a
15
county
from
adopting
an
ordinance
that
provides
for
the
zoning
16
of
farm
structures.
17
CAFOs
——
PROPERTY
TAXATION.
The
bill
amends
Code
section
18
427.1,
which
provides
a
number
of
exemptions
from
property
19
taxation.
The
Code
section
includes
an
exemption
for
certain
20
types
of
pollution-control
and
recycling
property
as
certified
21
by
the
department
of
natural
resources.
The
bill
limits
this
22
tax
exemption
for
such
property
that
is
related
to
the
care
23
and
feeding
of
livestock
by
requiring
that
the
property
used
24
for
the
care
and
feeding
of
livestock
must
be
eligible
for
a
25
family
farm
tax
credit
under
Code
chapter
425A.
The
bill
also
26
provides
that
the
tax
credit
still
available
is
limited
to
the
27
first
$100,000
of
the
property’s
assessed
value.
28
CAFOs
——
DEFINITION.
The
bill
provides
that
a
CAFO
includes
29
any
partially
roofed
area
which
animals
are
confined.
30
CAFOs
——
CONTRACT
PRODUCTION.
The
bill
amends
provisions
31
that
require
the
department
of
natural
resources
(DNR)
to
32
approve
or
disapprove
an
application
for
a
permit
to
construct
33
a
confinement
feeding
operation
structure
(structure)
which
34
is
part
of
an
existing
or
proposed
CAFO.
The
bill
provides
35
-21-
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88
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27
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521
that
the
application
must
state
whether
the
CAFO
is
or
could
1
become
a
contract
livestock
facility.
It
also
provides
that
2
the
statement
must
be
included
in
the
notice
of
a
public
3
hearing
conducted
by
the
board
in
the
county
where
the
proposed
4
structure
is
to
be
constructed.
5
Code
chapter
202
regulates
the
relationship
between
a
6
contractor
and
a
contract
producer
of
a
commodity,
including
7
livestock,
and
the
Code
chapter
includes
a
number
of
defined
8
terms.
A
contractor
is
a
person
who
enters
into
an
agreement
9
with
an
agricultural
producer
to
raise
livestock
on
property
10
held
by
the
agricultural
producer
(contract
livestock
11
facility).
The
agricultural
producer
is
referred
to
as
a
12
contract
producer.
The
contract
is
referred
to
as
a
production
13
contract.
14
CAFOs
——
REPORTING.
The
bill
provides
that
for
purposes
15
of
administering
and
enforcing
Code
chapter
459,
subchapter
16
II,
relating
to
air
quality
and
Code
chapter
459,
subchapter
17
III,
relating
to
water
quality,
DNR
may
require
that
the
owner
18
or
operator
of
a
CAFO
submit
one
or
more
animals
confined
19
reports
that
contain
information
regarding
the
number
of
20
animals
maintained
at
the
operation
in
a
manner
and
during
21
a
time
period
that
DNR
determines
is
relevant.
The
report
22
must
present
the
information
in
a
manner
that
calculates
the
23
number
of
animals
maintained
as
animal
units
(AU).
The
bill
24
authorizes
DNR
to
require
a
report
as
part
of
a
construction
25
permit
to
expand
a
structure.
The
owner
or
operator
of
the
26
CAFO
must
also
report
to
DNR
the
number
of
animals
maintained
27
as
part
of
the
operation
converted
to
animal
units.
A
CAFO’s
28
size
is
determined
by
calculating
its
AU
capacity.
A
special
29
equivalency
factor
is
assigned
for
each
classification
of
30
confined
animal.
For
example,
each
butcher
or
breeding
swine
31
weighing
more
than
55
pounds
has
an
equivalency
factor
of
0.4
32
AUs.
The
permit
requirement
threshold
of
1,000
AUs
means
that
33
a
permit
would
be
required
if
after
construction
the
CAFO
would
34
have
an
AU
capacity
of
2,500
of
such
swine
(1,000
÷
0.4
=
35
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521
2,500).
1
CAFOs
——
SURETY
BONDS.
The
bill
addresses
two
documents
2
filed
by
the
owner
of
a
CAFO
with
DNR
when
it
administers
water
3
quality
regulations:
(1)
an
application
for
a
construction
4
permit
(permit)
issued
by
DNR
that
authorizes
the
construction,
5
including
expansion,
of
a
structure
and
a
manure
management
6
plan
(MMP)
governing
the
storage
and
application
of
manure
7
originating
from
the
operation.
8
The
bill
provides
that
DNR
cannot
approve
an
MMP
unless
the
9
owner
furnishes
a
surety
bond
for
$10
million
for
the
purpose
10
of
paying
costs
resulting
from
the
discharge
of
manure
from
11
the
owner’s
operation.
Moneys
payable
under
the
bond
must
12
be
used
in
cases
in
which
the
discharge
has
caused
property
13
damage.
The
moneys
must
be
used
to:
(1)
reimburse
the
state
or
14
a
political
subdivision,
or
an
agent
of
the
state
or
political
15
subdivision,
for
costs
associated
with
containment
or
cleanup;
16
(2)
the
restoration
of
wild
animal
populations
or
habitat;
and
17
(3)
the
payment
of
a
judgment
award
recovered
by
a
plaintiff
18
in
a
civil
action.
The
bill
provides
for
the
expiration
or
19
cancellation
of
the
bond.
DNR
is
authorized
to
suspend
or
20
revoke
an
MMP
if
a
replacement
bond
is
not
filed.
The
bill
21
also
provides
that
DNR
is
prohibited
from
issuing
a
permit
to
22
the
owner
authorizing
the
construction
of
any
structure
if
a
23
bond
covering
an
operation
has
expired,
been
canceled,
been
24
suspended,
or
been
revoked.
25
CAFOs
——
PERMITS.
The
bill
requires
a
board
to
send
a
26
notice
to
certain
landowners
that
a
permit
application
has
been
27
filed
with
DNR
proposing
to
construct
a
structure
which
is
28
part
of
a
proposed
or
existing
CAFO.
The
notice
must
be
sent
29
by
certified
or
ordinary
mail
to
each
neighbor
holding
legal
30
title
to
land
located
within
two
miles
from
the
location
of
31
the
proposed
construction
site.
An
application
must
include
32
a
brief
summary
of
information
regarding
the
proposal,
which
33
must
at
least
state:
(1)
the
identity
of
the
applicant,
(2)
34
the
type
and
numbers
of
animals
to
be
confined
at
the
CAFO
if
35
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27
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521
each
proposed
structure
were
constructed,
and
(3)
the
location,
1
type,
and
size
of
each
structure
proposed
to
be
constructed.
2
The
notice
must
include
the
summary
and
may
also
state
time
and
3
place
of
a
public
hearing
regarding
the
application
conducted
4
by
the
board.
The
bill
provides
that
the
same
information
must
5
be
included
in
the
notice
of
a
public
hearing.
6
CAFOs
——
MASTER
MATRIX.
The
bill
eliminates
provisions
7
that
require
the
use
of
a
master
matrix
as
part
of
the
process
8
to
approve
or
disapprove
a
permit
for
the
construction
or
9
expansion
of
a
structure
associated
with
a
CAFO.
The
master
10
matrix
is
a
formula
designed
to
produce
a
statistically
11
verifiable
basis
for
determining
whether
to
approve
or
12
disapprove
an
application
for
the
construction
of
a
structure.
13
The
master
matrix
measures
impacts
to
air,
water,
and
the
14
community
(567
IAC
ch.
65,
Appendix
C).
15
CAFOs
——
STRUCTURAL
FAILURES.
The
bill
requires
the
owner
16
or
operator
of
a
CAFO
to
notify
DNR
of
any
actual
or
probable
17
immediate
structural
failure
from
an
associated
structure.
The
18
failure
may
be
the
result
of
either
the
design
or
construction
19
of
the
structure.
The
determination
of
a
probable
immediate
20
structural
failure
must
be
based
on
factors
established
by
DNR
21
which
may
include
an
observation
by
the
owner
or
operator
or
22
a
report
submitted
to
the
owner
or
operator
by
a
professional
23
engineer.
DNR
is
required
to
adopt
rules
that
provide
for
24
notice
procedures
which
may
take
into
account
factors
that
25
quantify
the
level
of
threat
to
water
quality
resulting
from
a
26
discharge
or
an
injury
to
or
death
of
an
animal
maintained
in
27
an
associated
confinement
building.
28
OPEN
FEEDLOT
OPERATIONS
——
DEFINITION.
The
bill
revises
the
29
definition
of
an
open
feedlot
operation
(feedlot)
to
include
30
any
place
whether
partially
roofed
or
not
where
animals
are
31
maintained
without
crop,
vegetation,
or
forage
growth
or
32
residue
cover.
33
CAFOs,
FEEDLOTS,
AND
ANIMAL
TRUCK
WASH
FACILITIES
——
34
IMPAIRED
WATERS.
The
bill
prohibits
the
construction
of
a
35
-24-
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1316YH
(6)
88
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24/
27
H.F.
521
structure
associated
with
a
CAFO,
or
animal
truck
wash
facility
1
(facility),
if
the
structure
is
located
in
a
subwatershed
2
that
includes
a
water
body
or
water
segment
that
has
been
3
placed
on
a
list
of
impaired
waters.
The
prohibition
would
4
no
longer
apply
once
the
water
was
removed
from
the
list
and
5
DNR
determined
that
the
water
meets
the
state
surface
water
6
classification
for
primary
contact
recreational
use.
7
DNR’s
list
of
impaired
waters
is
approved
by
EPA
according
8
to
federal
and
state
requirements
(33
U.S.C.
§1313
and
Code
9
sections
455B.194
and
455B.195).
DNR
is
also
required
to
10
develop
a
plan
for
restoring
the
impaired
waters,
including
by
11
identifying
its
total
maximum
daily
loads;
commonly
referred
to
12
as
TMDL
that
calculates
the
amount
of
contaminants
that
a
water
13
body
may
receive
and
still
meet
federal
water
quality
standards
14
(40
C.F.R.
§130.7(b)(4)).
Based
on
these
measurements,
the
15
department
classifies
surface
waters
for
a
number
of
designated
16
uses
including
primary
contact
recreational
use
which
means
17
that
the
water
is
considered
safe
for
uses
that
may
result
in
a
18
person’s
prolonged
and
direct
contact
with
the
water,
including
19
by
ingestion
while
swimming
(33
U.S.C.
§1251(a)(2)
and
567
IAC
20
61.3).
21
CAFOs
AND
FEEDLOTS
——
OUTSTANDING
IOWA
WATERS.
The
bill
22
prohibits
a
person
from
constructing
or
expanding
a
structure
23
associated
with
a
CAFO
or
feedlot
within
a
watershed
having
24
a
hydrologic
unit
code
scale
12
or
smaller,
if
the
watershed
25
constitutes
an
outstanding
state
resource
as
designated
by
the
26
department.
27
CAFOs
AND
FEEDLOTS
——
SINKHOLES.
The
bill
prohibits
the
28
construction
of
a
structure
associated
with
a
CAFO
or
feedlot
29
if
DNR
has
classified
the
area
of
construction
as
prone
to
the
30
formation
of
sinkholes.
In
that
case,
the
owner
or
operator
31
of
the
CAFO
or
feedlot
must
file
a
statement
with
DNR.
The
32
statement
must
be
signed
by
a
qualified
geologist
verifying
33
that
there
is
a
low
probability
that
a
sinkhole
if
formed
would
34
exist
within
the
applicable
separation
distance
between
the
35
-25-
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1316YH
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88
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27
H.F.
521
sinkhole
and
structure.
1
CAFOs,
FEEDLOTS,
AND
DRY
BEDDED
CONFINEMENT
FEEDING
2
OPERATIONS
——
KARST
TERRAIN
AND
KNOWN
SINKHOLES.
The
bill
3
prohibits
the
construction
or
expansion
of
a
structure
4
associated
with
a
feedlot
facility
or
dry
bedded
confinement
5
feeding
operation
on
karst
terrain
or
terrain
that
drains
6
into
a
known
sinkhole.
The
bill
prohibits
the
stockpiling
of
7
certain
dry
or
solid
manure
on
such
terrain.
The
bill
also
8
regulates
the
use
of
structures
or
stockpiles
existing
on
9
such
terrain
prior
to
the
bill’s
effective
date.
The
bill
10
retains
or
expands
vertical
separation
distances
required
11
between
the
bottom
of
a
structure
or
stockpile
and
any
12
underlying
limestone,
dolomite,
or
other
soluble
rock.
The
13
bill
requires
that
a
stockpile
located
on
the
terrain
be
kept
14
in
a
qualified
stockpile
structure
which
is
a
building
or
other
15
roofed
structure.
It
provides
for
the
removal
of
manure
or
16
solids
from
the
stockpile.
It
also
requires
that
an
existing
17
stockpile
be
discontinued
on
July
1,
2027,
unless
DNR
grants
a
18
waiver.
19
Stockpiling
refers
to
that
part
of
manure
or
effluent
20
produced
by
agricultural
animals
which
is
“dry”
or
“solid”,
21
meaning
that
it
does
not
flow
perceptibly
under
pressure
and
is
22
not
capable
of
being
transported
through
a
mechanical
pumping
23
device
designed
to
move
a
liquid.
24
Karst
terrain
is
characterized
by
the
presence
of
bedrock
25
composed
of
limestone
or
dolomite
near
the
ground
surface
which
26
dissolves
easily.
Such
terrain
often
includes
sinkholes
which
27
are
a
depression
or
hole
in
the
ground
caused
by
a
collapse
of
28
the
ground’s
surface
layer.
29
APPLICABLE
CIVIL
PENALTIES.
Compliance
with
a
statutory
30
regulation
under
the
Code
chapter
includes
compliance
with
31
a
rule
adopted
by
DNR
(Code
section
459.103).
Code
section
32
459.602
provides
for
civil
penalties
that
may
be
assessed
for
33
violations
of
Code
chapter
459,
subchapter
II
(air
quality
34
regulations).
A
violator
is
subject
to
Code
section
455B.109,
35
-26-
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1316YH
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88
da/rn
26/
27
H.F.
521
which
provides
for
the
administrative
assessment
of
civil
1
penalties
of
up
to
$10,000.
2
Each
of
the
three
Code
chapters
provide
for
the
imposition
3
and
assessment
of
civil
penalties
for
violations
involving
4
water
quality.
A
person
who
violates
a
water
quality
provision
5
is
subject
to
an
administratively
assessed
civil
penalty
of
not
6
more
than
$10,000
(Code
sections
455B.109,
459.603,
459A.502,
7
and
459B.402),
or
a
judicially
assessed
amount
of
not
more
than
8
$5,000
per
each
day
of
the
violation
(Code
sections
455B.191
9
and
459.603).
10
EFFECTIVE
AND
APPLICABILITY
DATES.
The
bill
takes
effect
11
upon
enactment,
except
for
one
provision.
The
provision
12
eliminating
the
property
tax
exemption
takes
effect
on
January
13
1,
2020,
and
applies
to
tax
years
beginning
on
and
after
that
14
date.
15
-27-
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1316YH
(6)
88
da/rn
27/
27