Bill Text: IA SF2151 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to animal feeding operations, including by providing for when two or more confinement feeding operations are deemed to be a single operation, making penalties applicable, and including effective date and applicability provisions.
Spectrum: Partisan Bill (Independent 1-0)
Status: (Introduced - Dead) 2018-02-06 - Subcommittee: Edler, Costello, and Ragan. S.J. 239. [SF2151 Detail]
Download: Iowa-2017-SF2151-Introduced.html
Senate File 2151 - Introduced SENATE FILE BY D. JOHNSON A BILL FOR 1 An Act relating to animal feeding operations, including 2 by providing for when two or more confinement feeding 3 operations are deemed to be a single operation, making 4 penalties applicable, and including effective date and 5 applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5399XS (7) 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. 8A. a. "Business entity" means a person 1 4 organized as any form of partnership, limited partnership, or 1 5 limited liability limited partnership described in chapter 1 6 488; limited liability company as described in chapter 489; 1 7 a corporation as described in chapter 490, 491, or 504; an 1 8 association as described in chapter 497, 498, and 499; a 1 9 cooperative described in chapter 501; a cooperative association 1 10 described in chapter 501A; an agricultural cooperative 1 11 association as defined in section 502.102; an unincorporated 1 12 nonprofit association as described in chapter 502; or any other 1 13 entity commonly referred to as an investment company, joint 1 14 stock company, joint stock association, or trust, including but 1 15 not limited to a business trust. 1 16 b. "Business entity" includes a person described in 1 17 paragraph "a" regardless of whether the person is organized 1 18 in this state under any of those provisions referred to in 1 19 paragraph "a" or is otherwise authorized to transact business 1 20 in this state under any of those provisions referred to in 1 21 paragraph "a". 1 22 NEW SUBSECTION. 41A. "Operation of law" means a transfer 1 23 by inheritance, devise or bequest, court order, dissolution 1 24 decree, order in bankruptcy, insolvency, replevin, foreclosure, 1 25 execution sale, the execution of a judgment, the foreclosure 1 26 of a real estate mortgage, the forfeiture of a real estate 1 27 contract, or a transfer resulting from a decree for specific 1 28 performance. 1 29 Sec. 2. Section 459.201, subsection 1, Code 2018, is amended 1 30 by striking the subsection and inserting in lieu thereof the 1 31 following: 1 32 1. Two or more animal feeding operations under common 1 33 ownership or management are deemed to be a single animal 1 34 feeding operation if they are adjacent or utilize a common 1 35 system for manure storage. In addition, two or more related 2 1 confinement feeding operations are deemed to be a single 2 2 confinement feeding operation as provided in section 459.201A. 2 3 Sec. 3. Section 459.201, subsection 3, Code 2018, is amended 2 4 to read as follows: 2 5 3. a. In calculating the animal unit capacity of a 2 6 confinement feeding operation, the animal unit capacity shall 2 7 include the animal unit capacity of all confinement feeding 2 8 operation buildings which are part of the confinement feeding 2 9 operation, unless a confinement feeding operation building has 2 10 been abandoned. 2 11 b. Unless expressly stated otherwise in this subchapter, 2 12 the animal units of all confinement feeding operations that are 2 13 related and deemed to be a single confinement feeding operation 2 14 shall be combined when calculating the animal unit capacity of 2 15 any one of the confinement feeding operations. 2 16 Sec. 4. NEW SECTION. 459.201A Special terms ==== related 2 17 confinement feeding operations. 2 18 1. Two or more confinement feeding operations are related 2 19 and deemed to be a single confinement feeding operation, if all 2 20 of the following apply: 2 21 a. A confinement feeding operation structure that is part 2 22 of one confinement feeding operation is separated by less than 2 23 two thousand five hundred feet from a confinement feeding 2 24 operation structure that is part of the other confinement 2 25 feeding operation. 2 26 b. Any of the following apply: 2 27 (1) The confinement feeding operations utilize a 2 28 common system for manure storage or common area for manure 2 29 application. 2 30 (2) The same person holds an interest in the real property 2 31 where the confinement feeding operations are sited. The person 2 32 may hold a legal interest or equitable interest in the real 2 33 property. 2 34 (a) In determining whether the same person holds an 2 35 interest in the real property where the two confinement feeding 3 1 operations are sited, an interest in the real property may be 3 2 held by the person in any of the following forms: 3 3 (i) Legal title, including as a joint tenant or tenant in 3 4 common, or the holder of an interest for life or term of years. 3 5 (ii) Leasehold, including as a lessor or lessee. 3 6 (iii) Real estate contract, including in cases in which the 3 7 person is a vendor or vendee. 3 8 (iv) Equitable title, including as a settlor, trustee, or 3 9 beneficiary. 3 10 (v) Easement, including as the owner of the dominant estate 3 11 or servient estate. 3 12 (b) If the person is a business entity, the business 3 13 entity's interest in the real property is attributable to any 3 14 of the following: 3 15 (i) A partner, limited partner, shareholder, member, 3 16 settlor, trustee, beneficiary, or other equity holder of the 3 17 business entity. 3 18 (ii) Any officer, manager, or employee of the business 3 19 entity. 3 20 (c) A person's real property interest is attributable to 3 21 the person's spouse, parent, grandparent, lineal ascendant of 3 22 a grandparent or spouse and any other lineal descendant of 3 23 the grandparent or spouse, or a person acting in a fiduciary 3 24 capacity for a related person. 3 25 (d) A subsidiary or affiliate of a business entity shall be 3 26 deemed to be the same business entity. 3 27 (e) A person's interest in a fixture that is attached to the 3 28 real property where a confinement feeding operation is sited, 3 29 including a confinement feeding operation structure, shall be 3 30 deemed to be an interest in the confinement feeding operation. 3 31 (f) A person's property interest does not include the 3 32 acquisition of property by any of the following: 3 33 (i) Operation of law. 3 34 (ii) A bona fide encumbrance taken for purposes of security, 3 35 including but not limited to a mortgage or deed of trust. 4 1 (iii) Under a contract in which the other party is a 4 2 government entity. 4 3 Sec. 5. Section 459.203, unnumbered paragraph 1, Code 2018, 4 4 is amended to read as follows: 4 5 A confinement feeding operation constructed or expanded 4 6 prior to the date that a distance requirement became effective 4 7 under section 459.202 and which does not comply with the 4 8 section's distance requirement may continue to operate 4 9 regardless of the distance requirement.TheIn addition and 4 10 except as provided in section 459.203A, such confinement 4 11 feeding operation may be expanded by the construction or 4 12 expansion of a confinement feeding operation structure, if any 4 13 of the following applies: 4 14 Sec. 6. NEW SECTION. 459.203A Related confinement 4 15 feeding operations deemed to be the same operation expansion of 4 16 confinement feeding operations. 4 17 1. If two or more confinement feeding operations are 4 18 related and deemed to be a single confinement feeding operation 4 19 pursuant to sections 459.201 and 459.201A, neither confinement 4 20 feeding operation shall be expanded by the construction or 4 21 expansion of a confinement feeding operation structure on or 4 22 after the effective date of this Act, unless the confinement 4 23 feeding operation structure complies with the distance 4 24 requirements applying to that structure as provided in section 4 25 459.202, subsections 4 and 5. 4 26 2. Notwithstanding subsection 1, a confinement feeding 4 27 operation structure may be expanded by replacing one or more 4 28 unformed manure storage structures with one or more formed 4 29 manure storage structures, if all of the following apply: 4 30 a. The animal weight capacity or animal unit capacity, 4 31 whichever is applicable, is not increased for that portion of 4 32 the confinement feeding operation that utilizes all replacement 4 33 formed manure storage structures. 4 34 b. The use of each replaced unformed manure storage 4 35 structure is discontinued within one year after the 5 1 construction of the replacement formed manure storage 5 2 structure. 5 3 c. The capacity of all replacement formed manure storage 5 4 structures does not exceed the capacity required to store 5 5 manure produced by that portion of the confinement feeding 5 6 operation that had utilized all replaced unformed manure 5 7 storage structures. 5 8 d. The replacement formed manure storage structure is not 5 9 closer to an object or location benefiting from a separation 5 10 distance than the separation distance between the replaced 5 11 unformed manure storage structure and the same object or 5 12 location as required in section 459.202. 5 13 Sec. 7. Section 459.205, subsection 1, Code 2018, is amended 5 14 to read as follows: 5 15 1. A confinement feeding operation structure, if the 5 16 structure is part of a confinement feeding operationwhichthat 5 17 qualifies as a small animal feeding operation. However, this 5 18 subsection shall not applyifto any of the following: 5 19 a.confinement feeding operation structure is anAn unformed 5 20 manure storage structure. 5 21 b. Two or more animal feeding operations that are deemed to 5 22 be a single animal feeding operation under section 459.201, if 5 23 the combined animal unit capacity of the confinement feeding 5 24 operations is more than five hundred animal units. 5 25 c. Two or more related confinement feeding operations that 5 26 are deemed to be a single confinement feeding operation under 5 27 sections 459.201 and 459.201A, if the combined animal unit 5 28 capacity of the related confinement feeding operations is more 5 29 than five hundred animal units. 5 30 Sec. 8. Section 459.301, subsection 1, Code 2018, is amended 5 31 by striking the subsection and inserting in lieu thereof the 5 32 following: 5 33 1. Two or more animal feeding operations under common 5 34 ownership or management are deemed to be a single animal 5 35 feeding operation if they are adjacent or utilize a common 6 1 area or system for manure application. In addition, two or 6 2 more related confinement feeding operations are deemed to be 6 3 a single confinement feeding operation in the same manner as 6 4 two confinement feeding operations are determined to be related 6 5 under section 459.201A. 6 6 Sec. 9. Section 459.301, subsection 3, Code 2018, is amended 6 7 by adding the following new paragraph: 6 8 NEW PARAGRAPH. c. Unless expressly stated otherwise 6 9 in this subchapter, the animal units of all confinement 6 10 feeding operations that are related and deemed to be the 6 11 same confinement feeding operation shall be combined when 6 12 calculating the animal unit capacity of any one of the 6 13 confinement feeding operations. 6 14 Sec. 10. Section 459.312, subsection 2, Code 2018, is 6 15 amended to read as follows: 6 16 2. a. Not more than one confinement feeding operation shall 6 17 be covered by a single manure management plan. 6 18 b. If two or more confinement feeding operations are deemed 6 19 to be a single confinement feeding operation under section 6 20 459.301, the department may require that a separate manure 6 21 management plan cover each confinement feeding operation. 6 22 Sec. 11. Section 459.317, subsection 1, paragraph b, Code 6 23 2018, is amended by striking the paragraph. 6 24 Sec. 12. EFFECTIVE DATE. This Act, being deemed of 6 25 immediate importance, takes effect upon enactment. 6 26 Sec. 13. APPLICABILITY. This Act shall not apply to a 6 27 person who has begun construction of a confinement feeding 6 28 operation structure prior to the effective date of this Act. 6 29 EXPLANATION 6 30 The inclusion of this explanation does not constitute agreement with 6 31 the explanation's substance by the members of the general assembly. 6 32 BILL'S PROVISIONS ==== GENERAL. This bill amends the "Animal 6 33 Agriculture Compliance Act" (Code chapter 459) which part 6 34 provides for the regulation of animal feeding operations where 6 35 agricultural animals are maintained for at least 45 days in 7 1 any 12=month period and includes open feedlots and confinement 7 2 feeding operations (operations) including associated 7 3 confinement feeding operation structures (structures), such 7 4 as buildings or manure storage structures. The Code chapter 7 5 is administered and enforced by the department of natural 7 6 resources (DNR). Generally, regulations vary based on the size 7 7 of an operation measured by its animal unit capacity (AUC). 7 8 BILL'S PROVISIONS ==== RELATED CONFINEMENT FEEDING OPERATIONS. 7 9 The bill provides that for purposes of administering and 7 10 enforcing Code chapter 459, subchapter II, providing for air 7 11 quality regulations and Code chapter 459, subchapter III, 7 12 providing for water quality regulations, two or more operations 7 13 are deemed to be a single operation if they are related. The 7 14 operations are related if a structure that is part of one 7 15 operation is separated by less than 2,500 feet from a structure 7 16 that is part of the other operation and the same person holds 7 17 a legal or equitable interest in the real property where the 7 18 operations are located. If the person is a business entity, 7 19 the business entity's interest is attributable to any person 7 20 who owns an interest in the entity or who is an employee, 7 21 manager, or officer of the entity. A person's interest is also 7 22 attributable to a relative (e.g., spouse, child, or brother or 7 23 sister). A person's interest does not include the acquisition 7 24 of property by a number of devices including by operation of 7 25 law, an encumbrance taken as a security, or under contract with 7 26 a government entity. 7 27 BACKGROUND ==== CURRENT LAW ==== ADJACENCY. For purposes of air 7 28 quality regulation, two or more animal feeding operations under 7 29 common ownership or management are deemed to be a single animal 7 30 feeding operation if they are adjacent or utilize a common 7 31 system for manure storage and are separated within a minimum 7 32 distance from each other based on the size of the operation. 7 33 For purposes of water quality regulation, two or more animal 7 34 feeding operations under common ownership or management are 7 35 deemed to be a single operation if they are adjacent or utilize 8 1 a common area or system for manure disposal and are separated 8 2 by another set of separation distances again based on the size 8 3 of the operation. 8 4 BACKGROUND == AUC. AUC refers to a measurement used to 8 5 determine the maximum number of animal units that may be 8 6 maintained as part of an animal feeding operation at any one 8 7 time. In calculating AUC, a special equivalency factor is 8 8 assigned for each classification of confined animal. 8 9 BACKGROUND ==== ENFORCEMENT AND APPLICABLE CIVIL PENALTIES. 8 10 Compliance with a statutory regulation under the Code chapter 8 11 includes compliance with a rule adopted by DNR (Code section 8 12 459.103). Code section 459.602 provides for civil penalties 8 13 that may be assessed for violations of Code chapter 459, 8 14 subchapter II (air quality regulations). A violator is subject 8 15 to Code section 455B.109, which provides for the administrative 8 16 assessment of civil penalties of up to $10,000. Code section 8 17 459.603 provides for civil penalties that may be assessed for 8 18 violations of Code chapter 459, subchapter III (water quality 8 19 regulations). A violator is subject to either Code section 8 20 455B.109 providing for the administrative assessment of civil 8 21 penalties or Code section 455B.191, which provides for a 8 22 general civil penalty assessed judicially of up to $5,000. 8 23 EFFECTIVE DATE. The bill, if enacted, takes effect upon 8 24 enactment. LSB 5399XS (7) 87 da/rj
