Bill Text: IA SF131 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act reducing the size of certain confinement feeding operations that qualify for exemptions from environmental regulations.
Sponsorship: Partisan Bill (Independent 1)
Status: (Introduced - Dead) 2017-01-26 - Subcommittee: Shipley, Edler, and Kinney. S.J. 145. [SF131 Detail]
Download: Iowa-2017-SF131-Introduced.html
Senate File 131 - Introduced SENATE FILE BY D. JOHNSON A BILL FOR 1 An Act reducing the size of certain confinement feeding 2 operations that qualify for exemptions from environmental 3 regulations. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1393XS (4) 87 da/nh PAG LIN 1 1 Section 1. Section 459.102, Code 2017, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 51A. "Small confinement feeding operation" 1 4 means a confinement feeding operation which has an animal unit 1 5 capacity of two hundred fifty or fewer animal units. 1 6 Sec. 2. Section 459.203, unnumbered paragraph 1, Code 2017, 1 7 is amended to read as follows: 1 8 A confinement feeding operation constructed or expanded 1 9 prior to the date that a distance requirement became effective 1 10 under section 459.202 and which does not comply with the 1 11 section's distance requirement may continue to operate 1 12 regardless of the distance requirement. A small animal feeding 1 13 operation which is not in compliance with the applicable 1 14 separation distance requirement described in section 459.202 1 15 on the effective date of this Act may continue to operate 1 16 regardless of that distance requirement.TheA confinement 1 17 feeding operation described in this paragraph may be expanded 1 18 if any of the following applies: 1 19 Sec. 3. Section 459.205, subsection 1, Code 2017, is amended 1 20 to read as follows: 1 21 1. A confinement feeding operation structure, if the 1 22 structure is part of aconfinement feeding operation which 1 23 qualifies as asmallanimalconfinement feeding operation. 1 24 However, this subsection shall not apply if the confinement 1 25 feeding operation structure is an unformed manure storage 1 26 structure. 1 27 Sec. 4. Section 459.205, subsection 4, paragraph c, Code 1 28 2017, is amended to read as follows: 1 29 c. The liquid manure originates from a smallanimal 1 30confinement feeding operation. 1 31 Sec. 5. Section 459.205, subsection 5, paragraph b, Code 1 32 2017, is amended to read as follows: 1 33 b. The stockpile consists of dry manure originating from a 1 34 smallanimalconfinement feeding operation. 1 35 Sec. 6. Section 459.301, subsection 3, paragraph b, 2 1 unnumbered paragraph 1, Code 2017, is amended to read as 2 2 follows: 2 3 In calculating animal unit capacity for purposes of an 2 4 election to be considered a smallanimalconfinement feeding 2 5 operation as provided in section 459.312A, the animal unit 2 6 capacity of a confinement feeding operation shall include all 2 7 confinement feeding operation buildings that are used to do any 2 8 of the following: 2 9 Sec. 7. Section 459.303, subsection 1, paragraph b, 2 10 subparagraph (1), Code 2017, is amended to read as follows: 2 11 (1) The confinement feeding operation structure, if 2 12 constructed, would be part of a smallanimalconfinement 2 13 feeding operation. However, the person must obtain a permit 2 14 under this section if the confinement feeding operation 2 15 structure is an unformed manure storage structure. 2 16 Sec. 8. Section 459.306, subsection 1, paragraph b, 2 17 subparagraph (1), Code 2017, is amended to read as follows: 2 18 (1) A person who constructs a formed manure storage 2 19 structure as part of a smallanimalconfinement feeding 2 20 operation. 2 21 Sec. 9. Section 459.307, unnumbered paragraph 1, Code 2017, 2 22 is amended to read as follows: 2 23 The department shall adopt rules establishing construction 2 24 design standards for formed manure storage structures that are 2 25 part of confinement feeding operations other than smallanimal 2 26confinement feeding operations. However, the construction 2 27 design standards shall apply to a formed manure storage 2 28 structure that is part of a smallanimalconfinement feeding 2 29 operation as provided in section 459.310. 2 30 Sec. 10. Section 459.312, subsection 1, paragraph a, 2 31 unnumbered paragraph 1, Code 2017, is amended to read as 2 32 follows: 2 33 The owner of a confinement feeding operation, other than 2 34 a smallanimalconfinement feeding operation, if any of the 2 35 following apply: 3 1 Sec. 11. Section 459.312, subsection 1, paragraph b, Code 3 2 2017, is amended to read as follows: 3 3 b. A person who applies manure from a confinement feeding 3 4 operation, other than a smallanimalconfinement feeding 3 5 operation, which is located in another state, if the manure is 3 6 applied on land located in this state. 3 7 Sec. 12. Section 459.312A, subsections 1 and 2, Code 2017, 3 8 are amended to read as follows: 3 9 1. A person otherwise required to submit an updated manure 3 10 management plan as required in section 459.312 and pay an 3 11 annual compliance fee as required in section 459.400 may make a 3 12 smallanimalconfinement feeding operation election as provided 3 13 in this section. 3 14 2. Upon the effective date of the election, the confinement 3 15 feeding operation covered by the updated manure management 3 16 plan shall be considered a smallanimalconfinement feeding 3 17 operation only for purposes of submitting the updated manure 3 18 management plan and paying the annual compliance fee, during 3 19 the period of the election. 3 20 Sec. 13. Section 459.312A, subsection 4, Code 2017, is 3 21 amended to read as follows: 3 22 4. The department shall provide for the period of election, 3 23 including its effective and expiration dates. However, the 3 24 period of election shall be at least for the same period 3 25 covered by the updated manure management plan. An election 3 26 automatically terminates when more thanfivetwo hundred fifty 3 27 animal units are housed at the confinement feeding operation at 3 28 any one time. 3 29 Sec. 14. Section 459.313A, subsection 3, paragraph a, Code 3 30 2017, is amended to read as follows: 3 31 a. The application of liquid manure originating from a small 3 32animalconfinement feeding operation. 3 33 Sec. 15. Section 459.315, subsection 4, Code 2017, is 3 34 amended to read as follows: 3 35 4. This section shall not require a person to be certified 4 1 as a confinement site manure applicator if the person applies 4 2 manure which originates from a manure storage structure which 4 3 is part of a smallanimalconfinement feeding operation. 4 4 EXPLANATION 4 5 The inclusion of this explanation does not constitute agreement with 4 6 the explanation's substance by the members of the general assembly. 4 7 GENERAL. This bill amends a number of provisions in the 4 8 animal agriculture compliance Act (Code chapter 459) which 4 9 regulate animal feeding operations by creating a new category 4 10 of confinement feeding operation referred to as a small 4 11 confinement feeding operation (SCFO) that would effectively 4 12 replace the current category referred to as a small animal 4 13 feeding operation (SAFO). Currently, in order to qualify as 4 14 an SAFO, an animal feeding operation's capacity cannot exceed 4 15 500 animal units (AUs). A confinement feeding operation 4 16 would not qualify as an SCFO if its capacity exceeds 250 4 17 AUs. Any exemption from a regulation currently available 4 18 to a confinement feeding operation qualifying as an SAFO 4 19 would only be available if the confinement feeding operation 4 20 qualified as an SCFO. In the case where a current exemption 4 21 allows an SAFO to be located closer than normally allowed to a 4 22 benefited object or location (home, school, business, religious 4 23 institution, road, or public use area), the bill provides the 4 24 SAFO may continue to operate, but limits how such operation 4 25 could expand in the same manner as other grandfathered 4 26 operations. The bill does not affect exemptions for SAFOs 4 27 in other Code chapters including the animal agriculture 4 28 compliance Act for open feedlot operations and animal truck 4 29 wash facilities (Code chapter 459A) or the animal agriculture 4 30 compliance Act for dry bedded confinement feeding operations 4 31 (Code section 459B). 4 32 BACKGROUND == EXEMPTIONS. An SAFO is exempted from 4 33 regulations that would otherwise require a confinement 4 34 operation to (1) maintain a separation distance between a 4 35 confinement feeding operation structure (building or manure 5 1 storage) and a benefited object or location (Code sections 5 2 459.202, 459.203, and 459.205), (2) maintain a separation 5 3 distance between manure applied to land and a home (Code 5 4 sections 459.204 and 459.205), (3) maintain a separation 5 5 distance between a stockpile of dry manure and a home (Code 5 6 sections 459.204B and 459.205), (4) obtain a permit from 5 7 the department of natural resources (DNR) to construct a 5 8 confinement feeding operation structure other than an unformed 5 9 manure storage structure (Code section 459.303), (5) submit 5 10 a construction design statement to DNR for the construction 5 11 of a formed manure storage structure (Code sections 459.306 5 12 and 459.307), (6) submit an annual manure management plan 5 13 or update and pay an associated compliance fee to DNR (Code 5 14 sections 459.312 and 459.400), (7) restrict the application of 5 15 liquid manure on snow=covered and frozen ground (Code section 5 16 459.313A), and (8) be certified by DNR to apply manure on land 5 17 (Code section 459.315). The bill also provides that an option 5 18 allowing a confinement feeding operation to become reclassified 5 19 as an SAFO would apply to allow the operation to be instead 5 20 reclassified as an SCFO exempt from filing a manure management 5 21 plan update and paying the annual compliance fee for the period 5 22 of election (Code sections 459.312A and 459.400). 5 23 BACKGROUND == ANIMAL FEEDING OPERATIONS AND CONFINEMENT 5 24 FEEDING OPERATIONS. An animal feeding operation refers to any 5 25 area in which animals are confined and fed and maintained for 5 26 45 days or more in any 12=month period, and includes associated 5 27 structures including those used to store manure. A confinement 5 28 feeding operation is a type of animal feeding operation that 5 29 includes a building that is totally roofed (as compared to 5 30 an open feedlot). Confined animals are limited to cattle, 5 31 swine, horses, sheep, chickens, turkeys, or fish (Code section 5 32 459.102). 5 33 BACKGROUND == AU CAPACITY. AU capacity refers to the 5 34 maximum number of animal units that may be maintained in all 5 35 confinement buildings associated with the confinement feeding 6 1 operation at any one time (Code sections 459.102 and 459.201). 6 2 In calculating AU capacity, each of various types of animals 6 3 is assigned a special equivalency factor. For example, each 6 4 butcher or breeding swine weighing more than 55 pounds has 6 5 an equivalency factor of 0.4 AUs (Code section 459.102). In 6 6 order to qualify as an SAFO, a confinement feeding operation 6 7 must have a capacity of 1,250 or fewer butcher or breeding 6 8 swine (500 ? 0.4 = 1,250). In order to qualify as an SCFO, 6 9 the confinement feeding operation would have to have a maximum 6 10 capacity of 625 or fewer breeding swine (250 ? 0.4 = 625). LSB 1393XS (4) 87 da/nh
