Bill Text: IA SF2254 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act establishing a moratorium relating to the construction, including expansion, of certain confinement feeding operation structures, requesting an interim study committee, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2020-02-18 - Sponsors withdrawn. S.J. 345. [SF2254 Detail]
Download: Iowa-2019-SF2254-Introduced.html
Senate
File
2254
-
Introduced
SENATE
FILE
2254
BY
CELSI
,
JOCHUM
,
T.
TAYLOR
,
DOTZLER
,
BOLKCOM
,
GIDDENS
,
and
QUIRMBACH
A
BILL
FOR
An
Act
establishing
a
moratorium
relating
to
the
construction,
1
including
expansion,
of
certain
confinement
feeding
2
operation
structures,
requesting
an
interim
study
committee,
3
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
459.104
Moratorium
——
confinement
1
feeding
operation
structures
requiring
construction
permit.
2
1.
Notwithstanding
section
459.303
or
any
other
provision
3
of
law
to
the
contrary,
the
department
shall
not
approve
an
4
application
for
a
permit
for
the
construction,
including
5
expansion,
of
a
confinement
feeding
operation
structure.
6
2.
Nothing
in
this
section
shall
prohibit
a
person
from
7
completing
construction,
including
expansion,
of
a
confinement
8
feeding
operation
structure
if,
prior
to
the
effective
date
9
of
this
Act,
the
person
has
begun
construction,
including
10
expansion,
of
the
confinement
feeding
operation
structure
as
11
otherwise
allowed
under
this
chapter.
12
Sec.
2.
INTERIM
STUDY
COMMITTEE
——
CONFINEMENT
FEEDING
13
OPERATION
STRUCTURE
PERMIT
APPROVAL.
The
legislative
council
14
is
requested
to
establish
an
interim
study
committee
to
15
consider
methods
to
provide
for
greater
public
participation
16
in
the
process
of
approving
or
disapproving
the
construction,
17
including
expansion,
of
confinement
feeding
operation
18
structures.
The
interim
study
committee
shall
consider
methods
19
to
provide
for
greater
decision-making
by
county
boards
of
20
supervisors
and
by
the
reformation
of
the
master
matrix
as
21
provided
in
section
459.305.
If
established,
the
interim
study
22
committee
shall
submit
a
report
to
the
general
assembly
by
23
January
10,
2021,
which
includes
findings
and
recommendations.
24
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
25
importance,
takes
effect
upon
enactment.
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
MORATORIUM.
This
bill
amends
Code
chapter
459
(the
“Animal
30
Agriculture
Compliance
Act”)
by
establishing
a
moratorium
on
31
the
construction,
including
expansion,
of
confinement
feeding
32
operation
structures
(structures)
such
as
buildings
or
manure
33
storage
structures
associated
with
the
confinement
feeding
34
operation.
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2254
The
bill
provides
that
during
the
period
of
the
moratorium,
1
the
department
of
natural
resources
is
prohibited
from
2
approving
an
application
for
a
permit
to
construct
a
3
structure.
The
bill
does
not
prohibit
a
person
from
completing
4
construction
if,
prior
to
the
effective
date
of
the
bill,
the
5
person
has
begun
the
construction.
6
LEGISLATIVE
STUDY.
The
bill
requests
that
the
legislative
7
council
establish
an
interim
committee
to
study
methods
to
8
increase
greater
public
participation
in
the
construction
of
9
structures
and
submit
a
report
to
the
general
assembly
by
10
January
10,
2021.
11
BACKGROUND.
The
department
of
natural
resources
regulates
12
confinement
feeding
operations.
A
confinement
feeding
13
operation
refers
to
an
area
in
which
certain
animals
associated
14
with
agriculture
are
confined
and
fed
and
maintained
under
a
15
roof
for
45
days
or
more
in
any
12-month
period,
and
includes
16
associated
structures
including
buildings
and
facilities
used
17
to
store
manure.
A
permit
to
construct
or
expand
a
structure
18
is
required
if
the
structure
is
an
unformed
manure
storage
19
structure
(e.g.,
an
anaerobic
lagoon
or
earthen
manure
storage
20
structure)
or
the
structure
is
associated
with
a
confinement
21
feeding
operation
of
a
certain
size
based
on
a
calculation
22
of
its
proposed
animal
unit
capacity
(AUC)
which
equals
the
23
maximum
number
of
animal
units
that
may
be
maintained
under
24
roof
at
any
one
time
(Code
section
459.102).
A
permit
is
25
required
if
the
confinement
feeding
operation
would
have
an
26
AUC
of
1,000
or
more.
In
calculating
AUC,
each
of
various
27
types
of
animals
are
assigned
a
special
equivalency
factor.
28
For
example,
a
butcher
or
breeding
swine
weighing
more
than
29
55
pounds
has
an
equivalency
factor
of
0.4
animal
units
(Code
30
section
459.102).
A
confinement
feeding
operation
proposed
to
31
include
one
or
more
buildings
with
a
capacity
of
2,500
breeding
32
swine
would
be
required
to
obtain
a
permit
(2,500
x
0.4
=
1,000
33
AUC).
34
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
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