Bill Text: IA SF2018 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act requiring an application for a permit to construct certain confinement feeding operation structures to include information regarding any production contracts in which the applicant is or may be a party, and including effective date provisions.
Sponsorship: Partisan Bill (Independent 1)
Status: (Introduced - Dead) 2018-01-16 - Subcommittee: Brown, Bowman, and Edler. S.J. 109. [SF2018 Detail]
Download: Iowa-2017-SF2018-Introduced.html
Senate File 2018 - Introduced SENATE FILE BY D. JOHNSON A BILL FOR 1 An Act requiring an application for a permit to construct 2 certain confinement feeding operation structures to include 3 information regarding any production contracts in which the 4 applicant is or may be a party, and including effective date 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5403XS (3) 87 da/rj PAG LIN 1 1 Section 1. Section 459.102, Code 2018, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 17A. "Contract livestock facility" means 1 4 the same as defined in section 202.1. 1 5 NEW SUBSECTION. 17B. "Contract producer" means the same as 1 6 defined in section 202.1. 1 7 NEW SUBSECTION. 17C. "Contractor" means the same as defined 1 8 in section 202.1. 1 9 NEW SUBSECTION. 42A. "Production contract" means the same 1 10 as defined in section 202.1. 1 11 Sec. 2. Section 459.303, subsection 3, Code 2018, is amended 1 12 by adding the following new paragraph: 1 13 NEW PARAGRAPH. e. A statement acknowledging or denying 1 14 that the applicant and a contractor are parties to a production 1 15 contract, or are negotiating to be parties to a production 1 16 contract. If the statement is an acknowledgment, the 1 17 application shall include all of the following: 1 18 (1) The name and mailing address of the contractor. 1 19 (2) Whether the applicant is a contract producer or is 1 20 negotiating to become a contract producer. 1 21 (3) Whether the confinement feeding operation structure if 1 22 constructed would be part of a confinement feeding operation 1 23 that may become a contract livestock facility. 1 24 Sec. 3. Section 459.304, subsection 2, paragraph a, 1 25 subparagraph (2), Code 2018, is amended to read as follows: 1 26 (2) The notice shall include all of the following: 1 27 (a) The name of the person applying to receive the 1 28 construction permit. 1 29 (b) The name of the township where the confinement feeding 1 30 operation structure is to be constructed. 1 31 (c) Each type of confinement feeding operation structure 1 32 proposed to be constructed. 1 33 (d) The animal unit capacity of the confinement feeding 1 34 operation ifthe construction permitall confinement feeding 1 35 operation structures were to beapprovedconstructed. 2 1 (e) A statement acknowledging or denying that the applicant 2 2 and a contractor are parties to a production contract as 2 3 referred to in section 459.303. 2 4(e)(f) The time when and the place where the application 2 5 may be examined as provided in section 22.2. 2 6(f)(g) Procedures for providing public comments to the 2 7 board as provided by the board. 2 8 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 2 9 importance, takes effect upon enactment. 2 10 EXPLANATION 2 11 The inclusion of this explanation does not constitute agreement with 2 12 the explanation's substance by the members of the general assembly. 2 13 BILL'S SUBSTANTIVE PROVISIONS. This bill amends Code 2 14 chapter 459, the "Animal Agriculture Compliance Act" (Code 2 15 chapter 459). The bill amends provisions that require the 2 16 department of natural resources (DNR) to approve or disapprove 2 17 an application for a permit to construct a confinement feeding 2 18 operation structure (structure) which is part of an existing or 2 19 proposed confinement feeding operation; sometimes referred to 2 20 as a concentrated animal feeding operation (CAFO). The bill 2 21 provides that the application must state whether the CAFO is or 2 22 could become a contract livestock facility. It also provides 2 23 that the statement must be included in the notice of a public 2 24 hearing conducted by the board of supervisors (board) in the 2 25 county where the proposed structure is to be constructed. 2 26 BACKGROUND == PERMIT REQUIREMENTS. DNR's responsibility to 2 27 approve or disapprove a permit application and a board's right 2 28 to review and evaluate the application is based on several 2 29 factors: (1) a CAFO's capacity (1,000 or more animal units 2 30 or AUs) or (2) the construction of an unformed manure storage 2 31 structure. A special exemption applies to a CAFO owned by 2 32 a research college (Code section 459.303). As part of the 2 33 process, the permit application must be filed with DNR and the 2 34 board in the county where the construction is to occur. The 2 35 board may hold a public hearing to receive public comments 3 1 regarding the application and forward its comments and public 3 2 comments to DNR prior to the agency's decision to approve 3 3 or disapprove the application. The board is required to 3 4 publish a notice of a scheduled public hearing in a newspaper 3 5 having a general circulation in the county. The notice must 3 6 provide relevant information about the applicant, the proposed 3 7 construction, and the time and place of the public hearing 3 8 (Code section 459.304). 3 9 BACKGROUND == TERMS == CAFOs. Code chapter 459 includes 3 10 a number of defined terms (Code section 459.102). An animal 3 11 feeding operation refers to any area in which animals are 3 12 confined and fed and maintained for 45 days or more in any 3 13 12=month period. A CAFO is a type of animal feeding operation 3 14 that includes a totally roofed building where confined animals 3 15 are maintained (as compared to an open feedlot). An unformed 3 16 manure storage structure has walls and a bottom composed of 3 17 earth or nondurable materials as compared with a formed manure 3 18 storage structure often constructed of concrete. Confined 3 19 animals are limited to cattle, swine, horses, sheep, chickens, 3 20 turkeys, or fish. In calculating AUs a special equivalency 3 21 factor is assigned for each classification of confined animal. 3 22 For example, each butcher or breeding swine weighing more than 3 23 55 pounds has an equivalency factor of 0.4 AUs. For purposes 3 24 of calculating the permit threshold for a CAFO maintaining such 3 25 swine the AU capacity must equal a minimum of 2,500 (1,000 ? 3 26 0.4 = 2,500). 3 27 BACKGROUND == TERMS == PRODUCTION CONTRACTS. Code chapter 3 28 202 regulates the relationship between a contractor and a 3 29 contract producer of a commodity, including livestock, and 3 30 the Code chapter includes a number of defined terms (Code 3 31 section 202.1). A contractor is a person who enters into an 3 32 agreement with an agricultural producer to raise livestock on 3 33 property held by the agricultural producer (contract livestock 3 34 facility). The agricultural producer is referred to as a 3 35 contract producer. The contract is referred to as a production 4 1 contract. Livestock is limited to beef cattle, dairy cattle, 4 2 sheep, or swine, but does not include horses, chickens, 4 3 turkeys, or fish. 4 4 BILL'S EFFECTIVE DATE. The bill takes effect upon 4 5 enactment. LSB 5403XS (3) 87 da/rj
