Providing for animal feeding operations, including by providing for the zoning of structures, the regulation of structures and operations, providing for property taxes, making penalties applicable, and including effective date and retroactive applicability provisions

The bill provides that a county may adopt a confinement feeding operations siting ordinance which allows a county board of supervisors (board) to approve the site where the construction of a structure associated with a confinement feeding operation (CAFO) is to occur. The board may place conditions on site approval if the conditions relate to the construction or operation of the confinement feeding operation or to manure application.2 which prohibits a county from adopting an ordinance that provides for the zoning of farm structures. CAFOs —— PROPERTY TAXATION.1, which provides a number of exemptions from property taxation. The Code section includes an exemption for certain types of pollution-control and recycling property as certified by the department of natural resources. The bill limits this tax exemption for such property that is related to the care and feeding of livestock by requiring that the property used for the care and feeding of livestock must be eligible for a family farm tax credit under Code chapter 425A. The bill also provides that the tax credit still available is limited to the first $100,000 of the property’s assessed value. CAFOs —— DEFINITION. The bill provides that a CAFO includes any partially roofed area which animals are confined. CAFOs —— CONTRACT PRODUCTION. The bill amends provisions that require the department of natural resources (DNR) to approve or disapprove an application for a permit to construct a confinement feeding operation structure (structure) which is part of an existing or proposed CAFO. The bill provides that the application must state whether the CAFO is or could become a contract livestock facility. It also provides that the statement must be included in the notice of a public hearing conducted by the board in the county where the proposed structure is to be constructed. Code chapter 202 regulates the relationship between a contractor and a contract producer of a commodity, including livestock, and the Code chapter includes a number of defined terms. A contractor is a person who enters into an agreement with an agricultural producer to raise livestock on property held by the agricultural producer (contract livestock facility). The agricultural producer is referred to as a contract producer. The contract is referred to as a production contract. CAFOs —— REPORTING. The bill provides that for purposes of administering and enforcing Code chapter 459, subchapter II, relating to air quality and Code chapter 459, subchapter III, relating to water quality, DNR may require that the owner or operator of a CAFO submit one or more animals confined reports that contain information regarding the number of animals maintained at the operation in a manner and during a time period that DNR determines is relevant. The report must present the information in a manner that calculates the number of animals maintained as animal units (AU). The bill authorizes DNR to require a report as part of a construction permit to expand a structure. The owner or operator of the CAFO must also report to DNR the number of animals maintained as part of the operation converted to animal units. A CAFO’s size is determined by calculating its AU capacity. A special equivalency factor is assigned for each classification of confined animal.4 AUs.4 = 2,500). CAFOs —— SURETY BONDS. The bill addresses two documents filed by the owner of a CAFO with DNR when it administers water quality regulations: (1) an application for a construction permit (permit) issued by DNR that authorizes the construction, including expansion, of a structure and a manure management plan (MMP) governing the storage and application of manure originating from the operation. The bill provides that DNR cannot approve an MMP unless the owner furnishes a surety bond for $10 million for the purpose of paying costs resulting from the discharge of manure from the owner’s operation. Moneys payable under the bond must be used in cases in which the discharge has caused property damage. The moneys must be used to: (1) reimburse the state or a political subdivision, or an agent of the state or political subdivision, for costs associated with containment or cleanup; (2) the restoration of wild animal populations or habitat; and (3) the payment of a judgment award recovered by a plaintiff in a civil action. The bill provides for the expiration or cancellation of the bond. DNR is authorized to suspend or revoke an MMP if a replacement bond is not filed. The bill also provides that DNR is prohibited from issuing a permit to the owner authorizing the construction of any structure if a bond covering an operation has expired, been canceled, been suspended, or been revoked. CAFOs —— PERMITS. The bill requires a board to send a notice to certain landowners that a permit application has been filed with DNR proposing to construct a structure which is part of a proposed or existing CAFO. The notice must be sent by certified or ordinary mail to each neighbor holding legal title to land located within two miles from the location of the proposed construction site. An application must include a brief summary of information regarding the proposal, which must at least state: (1) the identity of the applicant, (2) the type and numbers of animals to be confined at the CAFO if each proposed structure were constructed, and (3) the location, type, and size of each structure proposed to be constructed. The notice must include the summary and may also state time and place of a public hearing regarding the application conducted by the board. The bill provides that the same information must be included in the notice of a public hearing. CAFOs —— MASTER MATRIX. The bill eliminates provisions that require the use of a master matrix as part of the process to approve or disapprove a permit for the construction or expansion of a structure associated with a CAFO. The master matrix is a formula designed to produce a statistically verifiable basis for determining whether to approve or disapprove an application for the construction of a structure. 65, Appendix C). CAFOs —— STRUCTURAL FAILURES. The bill requires the owner or operator of a CAFO to notify DNR of any actual or probable immediate structural failure from an associated structure. The failure may be the result of either the design or construction of the structure. The determination of a probable immediate structural failure must be based on factors established by DNR which may include an observation by the owner or operator or a report submitted to the owner or operator by a professional engineer. DNR is required to adopt rules that provide for notice procedures which may take into account factors that quantify the level of threat to water quality resulting from a discharge or an injury to or death of an animal maintained in an associated confinement building. OPEN FEEDLOT OPERATIONS —— DEFINITION. The bill revises the definition of an open feedlot operation (feedlot) to include any place whether partially roofed or not where animals are maintained without crop, vegetation, or forage growth or residue cover. CAFOs, FEEDLOTS, AND ANIMAL TRUCK WASH FACILITIES —— IMPAIRED WATERS. The bill prohibits the construction of a structure associated with a CAFO, or animal truck wash facility (facility), if the structure is located in a subwatershed that includes a water body or water segment that has been placed on a list of impaired waters. The prohibition would no longer apply once the water was removed from the list and DNR determined that the water meets the state surface water classification for primary contact recreational use.195).7(b)(4)).3). CAFOs AND FEEDLOTS —— OUTSTANDING IOWA WATERS. The bill prohibits a person from constructing or expanding a structure associated with a CAFO or feedlot within a watershed having a hydrologic unit code scale or smaller, if the watershed constitutes an outstanding state resource as designated by the department. CAFOs AND FEEDLOTS —— SINKHOLES. The bill prohibits the construction of a structure associated with a CAFO or feedlot if DNR has classified the area of construction as prone to the formation of sinkholes. In that case, the owner or operator of the CAFO or feedlot must file a statement with DNR. The statement must be signed by a qualified geologist verifying that there is a low probability that a sinkhole if formed would exist within the applicable separation distance between the sinkhole and structure. CAFOs, FEEDLOTS, AND DRY BEDDED CONFINEMENT FEEDING OPERATIONS —— KARST TERRAIN AND KNOWN SINKHOLES. The bill prohibits the construction or expansion of a structure associated with a feedlot facility or dry bedded confinement feeding operation on karst terrain or terrain that drains into a known sinkhole. The bill prohibits the stockpiling of certain dry or solid manure on such terrain. The bill also regulates the use of structures or stockpiles existing on such terrain prior to the bill’s effective date. The bill retains or expands vertical separation distances required between the bottom of a structure or stockpile and any underlying limestone, dolomite, or other soluble rock. The bill requires that a stockpile located on the terrain be kept in a qualified stockpile structure which is a building or other roofed structure. It provides for the removal of manure or solids from the stockpile. It also requires that an existing stockpile be discontinued on July 1, 2027, unless DNR grants a waiver. Stockpiling refers to that part of manure or effluent produced by agricultural animals which is “dry” or “solid”, meaning that it does not flow perceptibly under pressure and is not capable of being transported through a mechanical pumping device designed to move a liquid. Karst terrain is characterized by the presence of bedrock composed of limestone or dolomite near the ground surface which dissolves easily. Such terrain often includes sinkholes which are a depression or hole in the ground caused by a collapse of the ground’s surface layer. APPLICABLE CIVIL PENALTIES.103).602 provides for civil penalties that may be assessed for violations of Code chapter 459, subchapter II (air quality regulations).109, which provides for the administrative assessment of civil penalties of up to $10,000. Each of the three Code chapters provide for the imposition and assessment of civil penalties for violations involving water quality.603). EFFECTIVE AND APPLICABILITY DATES. The bill takes effect upon enactment, except for one provision. The provision eliminating the property tax exemption takes effect on January 1, 2020, and applies to tax years beginning on and after that date.