Bill Text: IA SF2078 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act authorizing the department of natural resources to require reports regarding the number of animals maintained at a confinement feeding operation, making penalties applicable, and including effective date provisions.
Spectrum: Partisan Bill (Independent 1-0)
Status: (Introduced - Dead) 2018-01-23 - Subcommittee: Shipley, Edler, and Taylor. S.J. 145. [SF2078 Detail]
Download: Iowa-2017-SF2078-Introduced.html
Senate File 2078 - Introduced SENATE FILE BY D. JOHNSON A BILL FOR 1 An Act authorizing the department of natural resources to 2 require reports regarding the number of animals maintained 3 at a confinement feeding operation, making penalties 4 applicable, and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5404XS (3) 87 da/rj PAG LIN 1 1 Section 1. NEW SECTION. 459.201A Reporting requirement == 1 2 animals maintained at a confinement feeding operation. 1 3 The department may require the owner or operator of a 1 4 confinement feeding operation to submit one or more animals 1 5 confined reports that contain information regarding the number 1 6 of animals maintained at the confinement feeding operation in a 1 7 manner and during a time period that the department determines 1 8 is relevant. The report shall present the information in 1 9 a manner that converts the number of animals maintained to 1 10 equivalent animal units. 1 11 Sec. 2. NEW SECTION. 459.301A Reporting requirement == 1 12 animals maintained at a confinement feeding operation. 1 13 The department may require the owner or operator of a 1 14 confinement feeding operation to submit one or more animals 1 15 confined reports that contain information regarding the number 1 16 of animals maintained at the confinement feeding operation in a 1 17 manner and during a time period that the department determines 1 18 is relevant. The report shall present the information in 1 19 a manner that converts the number of animals maintained to 1 20 equivalent animal units. 1 21 Sec. 3. Section 459.303, Code 2018, is amended by adding the 1 22 following new subsection: 1 23 NEW SUBSECTION. 4A. If the application is for a permit 1 24 to expand a confinement feeding operation, the department may 1 25 require the applicant to submit an animals confined report as 1 26 described in section 459.301A. 1 27 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 1 28 importance, takes effect upon enactment. 1 29 EXPLANATION 1 30 The inclusion of this explanation does not constitute agreement with 1 31 the explanation's substance by the members of the general assembly. 1 32 BILL'S PROVISIONS == GENERAL. This bill amends the "Animal 1 33 Agriculture Compliance Act" (Code chapter 459) which in 1 34 large part provides for the regulation of confinement feeding 1 35 operations (operations) including associated confinement 2 1 feeding operation structures (structures), such as buildings 2 2 or manure storage structures, by the department of natural 2 3 resources (DNR). 2 4 BILL'S PROVISIONS == REPORTING REQUIREMENT. The bill 2 5 provides that for purposes of administering and enforcing Code 2 6 chapter 459, subchapter II relating to air quality and Code 2 7 chapter 459, subchapter III relating to water quality, DNR 2 8 may require that the owner or operator of an operation submit 2 9 one or more animals confined reports that contain information 2 10 regarding the number of animals maintained at the operation 2 11 in a manner and during a time period that DNR determines is 2 12 relevant. The report must present the information in a manner 2 13 that calculates the number of animals maintained as animal 2 14 units. The bill authorizes DNR to require a report as part of a 2 15 construction permit to expand a structure. 2 16 BACKGROUND == APPLICABLE REGULATIONS. Under Code chapter 2 17 459, subchapter II, applicable regulations based on an 2 18 operation's size include separation distances required between 2 19 a structure and a benefited object or location (e.g., a 2 20 residence) (Code sections 459.202 and 459.203). Special manure 2 21 storage regulations apply to a qualified confinement feeding 2 22 operation that exceeds a special threshold size (Code sections 2 23 459.102 and 459.206). Under Code chapter 459, subchapter III, 2 24 the requirement to obtain a construction permit applies to an 2 25 operation that exceeds a certain size (Code section 450.303). 2 26 A number of exceptions also applies to a small animal feeding 2 27 operation including requirements for the submission of a 2 28 construction design statement (Code sections 459.306 and 2 29 459.307), the submission of a manure management plan (Code 2 30 sections 459.312 and 459.312A), the application of manure on 2 31 snow covered or frozen ground (Code section 459.313A), and 2 32 the certification of certain manure applicators (Code section 2 33 459.315). 2 34 BACKGROUND == ENFORCEMENT AND APPLICABLE CIVIL PENALTIES. 2 35 Compliance with a statutory regulation under the Code chapter 3 1 includes compliance with a rule adopted by DNR (Code section 3 2 459.103). Code section 459.602 provides for civil penalties 3 3 that may be assessed for violations of Code chapter 459, 3 4 subchapter II (air quality regulations). A violator is subject 3 5 to Code section 455B.109, which provides for the administrative 3 6 assessment of civil penalties of up to $10,000. Code section 3 7 459.603 provides for civil penalties that may be assessed for 3 8 violations of Code chapter 459, subchapter III (water quality 3 9 regulations). A violator is subject to either Code section 3 10 455B.109 providing for the administrative assessment of civil 3 11 penalties or Code section 455B.191, which provides for a 3 12 general civil penalty assessed judicially of up to $5,000. 3 13 EFFECTIVE DATE. The bill, if enacted, takes effect upon 3 14 enactment. LSB 5404XS (3) 87 da/rj
