Bill > HF368

Introduced Session

BACKGROUND —— STATE LAW. This bill amends provisions regulating animal feeding operations (AFOs) in which agricultural animals are confined and fed and maintained for 45 days or more in any 12-month period, and includes all structures used for the storage of manure from animals in the operation and the discharge of manure or effluent originating from the AFO (Code chapters 459 and 459A). The regulations are administered and enforced by the department of natural resources (DNR) including the environmental protection commission (EPC). State law recognizes several types of AFOs, including confinement feeding operations (CFOs) in which animals are housed (confined) under roof (Code chapter 459). Special provisions govern open feedlots where animals are kept in unroofed or partially roofed structures (Code chapter 459A). In both cases, natural vegetation is not available to feed the animals. In Iowa, a CFO is subject to both air and water protection statutes and rules. Under water quality regulations, the owner or operator of an AFO may be required to obtain authorization from DNR to do business. The authorization takes the form of a construction permit for a CFO (Code section 459.304) or an open feedlot operation (Code section 459A.205) or a manure management plan for a CFO (Code section 459.312) or nutrient management plan for an open feedlot operation (Code section 459A.208). The EPC may by rule require the owner or operator of a CFO to install a water pollution monitoring system as part of an unformed (dirt or clay) manure storage structure (Code section 459.311). The level of regulation sometimes depends upon a formula that calculates the degree to which the AFO presents a threat to water quality measured by: (1) the type of animals maintained and (2) the number of animals maintained. For example, a construction permit is required for a CFO that has an animal unit capacity (AUC) of at least 1,000 animal units (AUs) (Code section 459.303) and each head of butcher or breeding swine weighing more than 55 pounds is assigned a special equivalency factor of 0.4 animal units (Code section 459.102) (0.4 AU x 1,000 AUC = 400 head of such swine). BACKGROUND —— FEDERAL LAW. AFOs are also regulated under federal law by the environmental protection agency (EPA) that administers and enforces the national pollutant discharge elimination system (NPDES) program pursuant to the federal Water Pollution Control Act of 1972 (33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412). EPA contracts with DNR to administer and enforce the NPDES program. Under the NPDES program, AFOs are referred to as concentrated animal feeding operations (CAFOs). A CAFO is classified by its own formula that also factors the type and number of animals kept. The regulations apply to large, medium, and small CAFOs. For example, a small CAFO includes less than 750 head of swine weighing 55 or more pounds, a medium CAFO includes between 750 and 2,499 head, and a large CAFO includes 2,500 or more head. BACKGROUND —— STATE AND FEDERAL REGULATION. The purpose of both state and federal regulation is to prevent manure or effluent from contaminating groundwater and surface water. In compliance with federal law, manure from a CAFO cannot be disposed (discharged) in a manner that will cause surface water or groundwater pollution (Code section 459.311). A CAFO must retain all manure between periods of disposal (i.e., land application). An open feedlot must install structures that filter manure and effluent runoff (Code section 459A.401). However, in all cases involving the treatment of wastewater, and the discharge of manure and effluent originating from an AFO, rules adopted by the EPC can be no more stringent than federal law (Code sections 455B.173, 459.311, and 459A.401). BILL’S PROVISIONS. The bill rewrites the definition of an animal feeding operation based on federal law. It changes the term “medium concentrated animal feeding operation” to “medium animal feeding operation” without changing the meaning. The bill eliminates the provision that prevents EPC rules regulating wastewater, or manure or effluent originating from an AFO, from being more stringent than federal law. The bill provides that statutes regulating AFOs are minimum requirements, and that the EPC is to adopt permitting requirements by rule under the NPDES program, including for those AFOs classified as medium and large CAFOs under federal law. The EPC rules may exceed applicable federal standards applying to a medium or large CAFO. In addition, the owner or operator of a medium or large CAFO must conduct effluent monitoring of pollutants discharged to navigable waters through the groundwater. The owner or operator must report the collected data to DNR which must publish it on its internet site and submit an annual report to the EPA. CIVIL PENALTIES. Compliance with a statutory regulation includes compliance with a rule adopted by DNR (Code section 459.103). A person violating a water quality regulation under Code chapter 459 is subject to the administrative assessment of a civil penalty by DNR of not more than $10,000 or a judicial assessment of a civil penalty of $5,000 (Code sections 455B.109, 455B.191, and 459.603). Currently, a person violating a water quality regulation applying to an open feedlot is subject to the judicially assessed civil penalty (Code section 459A.502). The bill also provides that the person is subject to the administratively assessed civil penalty.

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Timi Brown-Powers (D)*,  Ken Croken (D)*,  Daniel Gosa (D)*,  Bob Kressig (D)*,  Monica Kurth (D)*,  Elinor Levin (D)*,  Josh Turek (D)*,  Beth Wessel-Kroeschell (D)*,  Aime Wichtendahl (D)*,  Ross Wilburn (D)*, 

Introduced, referred to Agriculture. H.J. 315. (on 02/13/2025)

Official Document