House File 2464 - Introduced HOUSE FILE 2464 BY SHIPLEY A BILL FOR An Act increasing separation distance requirements between 1 a confinement feeding operation structure and certain 2 locations, making penalties applicable, and including 3 effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6115YH (5) 88 da/ns

H.F. 2464 Section 1. Section 459.202, subsection 4, paragraph a, Code 1 2020, is amended to read as follows: 2 a. Except as provided in subsection subsections 5 and 5A, 3 and sections 459.203 , 459.205 , and 459.206 , this subsection 4 applies to confinement feeding operation structures constructed 5 on or after March 1, 2003, and to the expansion of confinement 6 feeding operation structures constructed on or after March 1, 7 2003. 8 Sec. 2. Section 459.202, subsection 5, paragraph a, Code 9 2020, is amended to read as follows: 10 a. Except as provided in subsection 5A, and sections 11 459.203 , 459.205 , and 459.206 , this subsection applies to 12 confinement feeding operation structures constructed on or 13 after March 1, 2003, and to the expansion of confinement 14 feeding operation structures constructed on or after March 1, 15 2003. 16 Sec. 3. Section 459.202, Code 2020, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 5A. a. Except as provided in sections 19 459.203, 459.205, and 459.206, this subsection applies to 20 confinement feeding operation structures constructed on or 21 after the effective date of this Act, and to the expansion of 22 confinement feeding operation structures constructed on or 23 after the effective date of this Act. 24 b. (1) The following table represents the minimum 25 separation distance in feet required between a confinement 26 feeding operation structure and a residence not owned by the 27 owner of the confinement feeding operation, if the residence is 28 not located within the corporate limits of a city: 29 For a 30 For a confinement For a 31 confinement feeding confinement 32 feeding operation feeding 33 operation having an operation 34 having an animal unit having an 35 -1- LSB 6115YH (5) 88 da/ns 1/ 6

H.F. 2464 animal unit capacity of 1,000 animal unit 1 capacity of or more but 3,000 or more 2 Type of less than 1,000 less than 3,000 capacity of 3 structure animal units animal units animal units 4 ____________________________________________________________ 5 Anaerobic 2,375 3,000 3,500 6 lagoon 7 Uncovered 8 earthen 9 manure 10 storage 11 basin 12 structure 2,375 3,000 3,500 13 Uncovered 14 formed 15 manure 16 storage 17 structure 2,000 2,500 3,000 18 Covered 19 earthen 20 manure 21 storage 22 basin 1,750 2,375 2,875 23 Covered 24 formed 25 manure 26 storage 27 structure 1,750 2,375 2,875 28 Confinement 29 building 1,750 2,375 2,875 30 Egg 31 washwater 32 storage 33 structure 1,500 2,000 2,500 34 (2) The following table represents the minimum separation 35 -2- LSB 6115YH (5) 88 da/ns 2/ 6

H.F. 2464 distance in feet required between a confinement feeding 1 operation structure and a residence not owned by the owner of 2 the confinement feeding operation, if the residence is located 3 within the corporate limits of a city: 4 For a 5 For a confinement For a 6 confinement feeding confinement 7 feeding operation feeding 8 operation having an operation 9 having an animal unit having an 10 animal unit capacity of 1,000 animal unit 11 capacity of or more but 3,000 or more 12 Type of less than 1,000 less than 3,000 capacity of 13 structure animal units animal units animal units 14 ____________________________________________________________ 15 Confinement 16 feeding 17 operation 18 structure 2,375 3,000 3,500 19 Sec. 4. Section 459.203, subsection 1, paragraph c, Code 20 2020, is amended to read as follows: 21 c. (1) For Except as provided in subparagraph (2), for a 22 confinement feeding operation constructed on or after March 1, 23 2003, any construction or expansion of a confinement feeding 24 operation structure complies with the distance requirements 25 applying to that structure as provided in section 459.202, 26 subsections 4 and 5 . 27 (2) For a confinement feeding operation constructed on 28 or after the effective date of this Act, any construction or 29 expansion of a confinement feeding operation structure complies 30 with the distance requirements applying to that structure and a 31 residence as provided in section 459.202, subsection 5A. 32 Sec. 5. Section 459.204, Code 2020, is amended to read as 33 follows: 34 459.204 Liquid manure application —— separation distance. 35 -3- LSB 6115YH (5) 88 da/ns 3/ 6

H.F. 2464 Except as provided in section 459.205 , a person shall not 1 apply liquid manure from a confinement feeding operation on 2 land located within seven the following separation distances: 3 1. Seven hundred fifty feet from a residence not owned by 4 the titleholder of the land, a commercial enterprise, a bona 5 fide religious institution, an educational institution, or a 6 public use area. 7 2. One thousand feet from a residence not owned by the 8 titleholder of the land. 9 Sec. 6. Section 459.310, subsection 1, paragraph b, Code 10 2020, is amended to read as follows: 11 b. (1) A confinement feeding operation structure 12 constructed prior to the effective date of this Act shall not 13 be constructed if the confinement feeding operation structure 14 as constructed is closer than any of the following: 15 (1) (a) Five hundred feet away from a water source other 16 than a major water source. 17 (2) (b) One thousand feet away from a major water source. 18 (3) (c) Two thousand five hundred feet away from a 19 designated wetland. 20 (2) A confinement feeding operation structure constructed 21 on or after the effective date of this Act shall not be 22 constructed or expanded if the confinement feeding operation 23 structure as constructed or expanded is closer than any of the 24 following: 25 (a) Six hundred feet away from a water source other than a 26 major water source. 27 (b) One thousand one hundred feet away from a major water 28 source. 29 (c) Two thousand five hundred feet away from a designated 30 wetland. 31 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate 32 importance, takes effect upon enactment. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -4- LSB 6115YH (5) 88 da/ns 4/ 6

H.F. 2464 the explanation’s substance by the members of the general assembly. 1 BACKGROUND. This bill amends provisions in Code chapter 2 459, the “Animal Agriculture Compliance Act” (Code section 3 459.101) regulating confinement feeding operations (operations) 4 and associated confinement buildings, manure storage 5 structures, and egg washwater storage structures (structures) 6 by the department of natural resources (DNR). The Code chapter 7 includes subchapter II regulating air quality and subchapter 8 III regulating water quality. The bill increases certain 9 separation distance requirements. 10 AIR QUALITY. Code section 459.202 imposes a separation 11 distance between a structure and a number of benefited 12 locations including a residence. The amount of the separation 13 distance required depends upon: (1) when the confinement 14 feeding operation structure was constructed or expanded, 15 and (2) the size of the confinement feeding operation. The 16 bill increases by 500 feet the separation distances between 17 a structure constructed or expanded on or after the bill’s 18 effective date and a residence. Different separation distance 19 requirements apply depending on whether the residence is 20 located within or outside the limits of a city. A number 21 of exceptions apply, including provisions in Code section 22 459.203 which allows an operation constructed or expanded 23 prior to the date that a distance requirement became effective 24 to expand under certain circumstances; Code section 459.205 25 which provides for small animal feeding operations, when a 26 neighboring titleholder executes a written waiver, or when a 27 benefited location encroaches within the separation distance; 28 and Code section 459.206 which provides an exception for 29 a qualified operation structure that treats manure using 30 aeration. 31 Code section 459.204 imposes a separation distance between 32 the land where liquid manure is applied and a benefited 33 location. The bill increases by 250 feet the separation 34 distance between the land and a residence, subject to the 35 -5- LSB 6115YH (5) 88 da/ns 5/ 6

H.F. 2464 relevant exemptions in Code section 459.205. 1 WATER QUALITY. Code section 459.310 imposes a separation 2 distance between a structure and a major water source or minor 3 water source. Code section 459.102 defines a major water 4 source to include a lake, reservoir, river, or stream capable 5 of supporting a floating vessel carrying one or more persons 6 during a total of a six-month period in one out of 10 years. 7 The bill increases by 100 feet the separation distance between 8 a structure and both types of water sources. 9 ENFORCEMENT AND CIVIL PENALTIES. Compliance with a 10 statutory regulation under Code chapter 459 includes compliance 11 with a rule adopted by DNR (Code section 459.103). Code 12 section 459.602 provides for civil penalties that may be 13 assessed for violations of air quality regulations. A violator 14 is subject to Code section 455B.109, which provides for the 15 administrative assessment of civil penalties of up to $10,000. 16 Code section 459.603 provides for civil penalties that may 17 be assessed for violations of water quality regulations. A 18 violator is subject to either Code section 455B.109, which 19 provides for the administrative assessment of civil penalties, 20 or Code section 455B.191, which provides for a general civil 21 penalty assessed judicially of up to $5,000. 22 EFFECTIVE DATE. The bill takes effect upon enactment. 23 -6- LSB 6115YH (5) 88 da/ns 6/ 6