Relating to confinement feeding operations, including by establishing a moratorium, requiring the department of natural resources to adjust compliance fees, requiring the department to submit a report to the general assembly, making penalties applicable, and including effective date provisions

The bill also requires DNR to establish an annual budget that provides for fully administering and enforcing the Code chapter, including by adjusting the statutory amount assessed for each compliance fee (fee) that is deposited in the animal agriculture compliance fund (fund). MORATORIUM. The moratorium applies to DNR’s acceptance or approval of applications for permits to construct a structure and to the construction of such structure (when concrete is poured to form its floor or foundation) regardless of whether a permit has been issued. A number of exceptions apply, including for operations having an AUC of 300 or fewer animal units, dry bedded confinement feeding operations (where manure is stored as dry bedded manure rather than liquid), the construction of an egg washwater storage structure, and the construction of a structure pursuant to a variance granted by DNR for a replacement structure so long as the operation’s AUC or its manure storage capacity is not increased, and the structure provides a higher degree of environmental protection than the replaced structure. DNR ANNUAL BUDGET AND REPORT. The bill requires DNR to prepare an estimated budget that calculates the total amount of moneys appropriated and available to fully fund DNR’s administration and enforcement of the Code chapter for each fiscal year beginning on or after July 1, 2019. The estimated budget must include any necessary adjustment to the amount of fees it assesses for deposit in the fund. DNR is required to conduct an annual stakeholder meeting held prior to June of each year in order to consider DNR’s estimated budget which becomes final on July 1, the beginning of the next fiscal year. DNR must submit a report to the governor and general assembly by January 4, 2021, that includes a recommendation for an appropriate funding level. PENALTIES APPLICABLE. A person who violates subchapter III of the Code chapter, regulating water quality, is subject to a range of civil penalties not to exceed $10,000, which is administratively enforced by DNR under the Iowa administrative procedures Act (Code chapter 17A).191). EFFECTIVE DATE. The bill, if enacted, would take effect upon enactment.