Bill > HSB301

Introduced Session

GENERAL. This bill provides for the regulation of animal feeding operations by the department of natural resources (DNR), including the storage and application of manure originating from such operations (Code chapter 459). An animal H.F. _____ feeding operation is an area or building in which agricultural animals (cattle, swine, horses, sheep, chickens, turkeys, or fish) are confined for 45 days or more in any 12-month period, and all associated structures used for the storage of manure. A confinement feeding operation is an animal feeding operation in which animals are confined to areas which are totally roofed. Another form of animal feeding operation is an open feedlot operation which confines animals without a roof or a partial roof regulated by DNR (Code chapter 459A) and a dry bedded confinement feeding operation which confines animals in so-called hooped buildings (Code chapter 459B). BACKGROUND —— REGULATORY REQUIREMENTS. Regulatory requirements that apply to an animal feeding operation include a number of requirements governing associated structures including a confinement building housing agricultural animals, and various types of structures storing manure which may be made of material like concrete (formed) or that are primarily earthen (unformed) and which may or may not be covered. The regulations apply to manure in both a solid and liquid state. The regulations also apply to certain manure storage structures that are anaerobic in which liquid manure is stored in a manner that utilizes bacteria to break down organic matter in the absence of oxygen. This process creates a biogas which is a type of renewable fuel as well as a digestate which is a rich source of nutrients for application on cropland. Code chapter 459 includes a number of subchapters, including those that regulate air quality and water quality. In both cases, the regulations require separation distance requirements between an animal feeding operation structure, including a manure storage structure, and certain objects and locations. For purposes of air quality regulations, these objects or locations include a residence, commercial enterprise, a bona fide religious institution, an educational institution, or public road. Air quality regulations also impose greater separation distance requirements based on the date of initial H.F. _____ construction and size of the confinement feeding operation. Water quality regulations include requirements for the issuance of construction permits, and construction design standards for manure storage structures. Water quality requirements also impose separation distances between animal feeding operation structures or dry manure stockpiles and certain water sources. A person applying manure originating from an animal feeding operation must file a plan with DNR that demonstrates how manure is to be applied in a manner that preserves water quality. For confinement feeding operations, the plan is referred to as a manure management plan (MMP) and for open feedlots the plan is referred to as a nutrient management plan (NMP). BACKGROUND —— CIVIL PENALTIES. A person who violates an air quality regulation or water quality regulation is subject to a civil penalty based on a schedule established by DNR rule. The civil penalty cannot exceed $10,000 per violation. The civil penalty for a water quality violation may also be subject to a judicial civil penalty not to exceed $5,000 for each day of such violation. BILL’S PROVISIONS —— GENERAL. The bill provides for the regulation of an anaerobic digester system which must include a digestate processing structure that primarily processes manure but may also process other organic feedstocks, referred to as digester feedstock. The structure is used to produce a biogas which is a source of renewable fuel and a digestate which is a nutrient-rich material that may be applied to cropland in a dry or liquid state. BILL’S PROVISIONS —— ANAEROBIC DIGESTER SYSTEM. An anaerobic digester system is comprised of three steps. The first step involves the storing of organic material (manure and other organic feedstock) in a dry or liquid state awaiting digestion. Manure is stored in a manure storage structure unless it is dry and temporarily stored as a stockpile. Liquid digester feedstock is stored in a digester feedstock storage H.F. _____ structure. All nonfarm digester feedstock must be stored in a digester feedstock storage structure. The second step involves digesting the organic material in a structure designed for that purpose. The third step involves storing and applying the processed organic material referred to as digestate. Dry digestate may be stockpiled and liquid digestate must be contained in a liquid digestate storage structure. The scope of the bill is limited to the on-farm construction, including expansion, of these structures, the on-farm use of stockpiles, and the on-farm application of digestates. BILL’S PROVISIONS —— TERMINOLOGY. The bill provides that an anaerobic digester system must be identified with an animal feeding operation. Identification occurs only if the anaerobic digester system and the animal feeding operation are either (1) under common ownership or management or (2) adjacent. In order for an enforcement action to proceed against the anaerobic digester system and its identified animal feeding operation for the same violation, the anaerobic digester system and the identified animal feeding operation must be under common ownership or management and be adjacent. Any reference in the bill to a digester structure means a covered digester feedstock storage structure, a covered digestate processing structure, or a covered liquid digestate storage structure. Any reference to a digester stockpile refers to a dry digester feedstock stockpile or a dry digestate stockpile. Any reference to manure includes manure stored and discharged from a confinement feeding operation and effluent stored and discharged from an open feeding operation structure. A digester feedstock or digestate is classified as dry only if digester feedstock or digestate does not flow perceptibly under pressure, is not capable of being transported through a mechanical pumping device designed to move a liquid, and consists of molecules that do not flow freely among themselves. A digestate processing structure must process manure as its primary source. A digestate is not to be regulated as manure, unless it is H.F. _____ combined with manure. BILL’S PROVISIONS —— CONSTRUCTION OF STRUCTURES. The bill provides that a construction permit must be issued by DNR prior to the construction of a digester structure. The requirements are based on construction permit requirements for manure storage structures. The application must include an engineering report, construction plans, and specifications prepared by a professional engineer or the natural resources conservation service of the United States department of agriculture. An application for a digester feedstock storage structure must include information regarding the digester feedstock to be stored and the digestate processing structure. An application for the digestate processing structure must include information regarding the ownership or management of its identified animal feeding operation, and the legal relationship between the two entities. It must also include information regarding how digestate is to be applied, and how records are to be maintained for DNR inspection. The bill also provides for construction design standards for a formed or unformed digester structure. The construction design standards must be based on uniform standards such as available standards promulgated by ASTM (American society for testing and materials) international. The design standards for unformed digester feedstock storage structures must account for the use of linings and erosion controls. BILL’S PROVISIONS —— AIR QUALITY —— SEPARATION DISTANCE REQUIREMENTS. The bill provides separation distance requirements as part of air quality and water quality standards. For air quality standards, the separation distance requirements assume the anaerobic digester system and the identified confinement feeding operation are part of a single confinement feeding operation. The separation distance is determined according to the date that the digester structure was constructed or expanded subject to provisions allowing the expansion of prior constructed confinement feeding operations H.F. _____ and exceptions to those separation distance requirements. BILL’S PROVISIONS —— WATER QUALITY —— MANURE MANAGEMENT. The bill provides that if digestate is applied on land subject to an MMP or NMP, such plan must be attached with a second document referred to as a digestate management supplement. The digestate management supplement must include information necessary to determine the land area required for the application of the digestate and the nutrient concentrations of the digestate. BILL’S PROVISIONS —— WATER QUALITY —— SEPARATION DISTANCE REQUIREMENTS. The bill provides that the separation distance requirements and exceptions to those separation distance requirements that apply to a confinement feeding operation structure and an object or location also apply to a digester structure and that same object or location. The bill allows a person to stockpile dry digester feedstocks or dry digestate in the same manner as manure, subject to the same separation distance requirements as manure. The bill requires that a person must remove stockpiled dry digestate and apply it in the same manner as manure. BILL’S PROVISIONS —— WATER QUALITY —— SPECIAL REQUIREMENTS. The bill includes special requirements for stockpiling dry digestate on certain karst terrain that are the same as requirements for stockpiling dry manure. The bill also provides for applying dry digestate on snow-covered or frozen ground in compliance with state and federal water quality standards. BILL’S PROVISIONS —— EFFECTIVE DATE. The bill takes effect upon enactment. BILL’S PROVISIONS —— APPLICABILITY OF REGULATORY PRACTICE. The bill requires DNR to regulate activities related to the construction, expansion, and operation of anaerobic digester systems in substantially the same manner DNR regulated those activities on March 1, 2025, until the director of DNR publishes a statement in the Iowa administrative bulletin H.F. _____ stating that all rules required to effectively administer and enforce the provisions of the bill have been adopted.

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No sponsors listed

Other Sponsors (1)

Subcommittee: Sexton, Mommsen and Scholten. H.J. 524. (on 03/05/2025)

Official Document