General Assembly: 82 (2008 Regular GA) - Chapter 1174 - Livestock operation odor mitigation


Published: 2008-05-15

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730LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1173

Sec. 11. NEW SECTION. 432.12L REDEVELOPMENT TAX CREDIT. The taxes imposed under this chapter shall be reduced by a redevelopment tax credit al-

lowed under chapter 15, part 9.

Sec. 12. Section 533.329, subsection 2, Code Supplement 2007, is amended by adding the following new paragraph: NEWPARAGRAPH. n. Themoneys and credits tax imposed under this section shall be re-

duced by a redevelopment tax credit allowed under chapter 15, part 9.

Approved May 15, 2008

_________________________

CH. 1174CH. 1174

CHAPTER 1174 LIVESTOCK OPERATION ODOR MITIGATION

H.F. 2688

ANACT providing for efforts tomitigate odor emitted from a livestock operation including by providing for basic and applied research and evaluations, providing for implementation, and including applicability and effective date provisions.

Be It Enacted by the General Assembly of the State of Iowa:

DIVISION V ODOR MITIGATION FOR LIVESTOCK OPERATIONS

Section 1. NEW SECTION. 266.40 DEFINITIONS. For purposes of this division, the following definitions apply: 1. “Livestock” means beef cattle, dairy cattle, swine, chickens, or turkeys. 2. “Livestock operation”means any area in which livestock are kept in a confined space, in-

cluding a confinement feeding operation or open feedlot. 3. “Livestock producer” means the titleholder of livestock or a livestock operation. 4. “University” means Iowa state university of science and technology.

Sec. 2. NEW SECTION. 266.41 ESTABLISHMENT. Iowa state university of science and technology shall consult with the department of agricul-

ture and land stewardship and thedepartment of natural resources to establish andadminister livestock odor mitigation efforts to reduce the impacts of odor emitted from livestock opera- tions involving swine, beef or dairy cattle, chickens, or turkeys as provided in this division.

Sec. 3. NEW SECTION. 266.42 PURPOSES. The purposes of this division shall be to further livestock odor mitigation efforts as follows: 1. Further a livestock odor mitigation research effort in order to accelerate the adoption of

affordable and effective odor mitigation technologies and strategies by livestock producers, expand the number of affordable and effective odor mitigation technologies and strategies available to livestock producers, and provide research-grounded information regarding odor mitigation technologies and strategies that are ineffective or cost-prohibitive. 2. Develop a livestock odormitigation evaluation effort as provided in section 266.49,which

731 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1174

shall be a multilevel process to determine the potential odor exposure to persons who would neighbor a new livestock operation as proposed to be constructed.

Sec. 4. NEW SECTION. 266.43 DEVELOP AND ADVANCE TECHNOLOGIES AND STRATEGIES — APPLIED ON-SITE RESEARCH PROJECTS. Iowa state university of science and technology shall conduct applied on-site research proj-

ects to address whether odor mitigation technologies or strategies can be successfully imple- mented across many livestock operations, locations, and situations, and to analyze the costs of their successful implementation and maintenance to accomplish the purposes provided in section 266.42. 1. The projects shall be conducted at livestock operations on a statewide basis and under

different circumstances. 2. The university shall evaluate technologies or strategies that have a firm foundation in ba-

sic andapplied researchbutwhichmay further benefit fromstatewideon-site application. The technologies and strategies may include but are not limited to the following: a. The installation, maintenance, and use of odor mitigating devices, techniques, or strate-

gies. b. The use of a livestock odor mitigation evaluation effort as provided in section 266.49. c. The manipulation of livestock diet. 3. A livestock producer who is classified as a habitual violator pursuant to section 459.604

or a chronic violator pursuant to section 657.11 shall not participate in an applied on-site re- search project under this section unless the livestock producer contributes one hundred per- cent of the total costs of conducting the project.

Sec. 5. NEW SECTION. 266.44 DEVELOP AND ADVANCE TECHNOLOGIES AND STRATEGIES — BASIC AND APPLIED RESEARCH PROJECTS. Iowa state university of science and technology shall conduct basic or applied research proj-

ects to develop or advance technologies or strategies to accomplish the purposes provided in section 266.42. 1. Theuniversity shall evaluate technologies or strategies that havenot been subject to com-

prehensive scientific scrutinybutwhichdemonstrate promise to accomplish the purposes pro- vided in section 266.42. The technologies and strategiesmay include but are not limited to the following: a. The adaption and use of modeling to locate livestock operations associated with keeping

livestock in addition to swine, and to locate livestock operations utilizing odor mitigation de- vices, techniques, or strategies. b. The installation, maintenance, and use of odor mitigating devices, techniques, or strate-

gies. c. The use of topical treatments applied to manure originating with livestock operations

keeping chickens and turkeys. 2. Nothing in this section restricts the university from conducting its evaluation at livestock

operations, including as provided in section 266.43. A livestock producer who is classified as a habitual violator pursuant to section 459.604 or a chronic violator pursuant to section 657.11 shall not participate in a basic or applied research project under this section unless the live- stock producer contributes one hundred percent of the total costs of conducting the project.

Sec. 6. NEW SECTION. 266.45 EMERGING TECHNOLOGIES AND STRATEGIES — BASIC RESEARCH PROJECTS. Iowa state university of science and technology shall conduct basic research projects to in-

vestigate emerging technologies or strategies that may accomplish the purposes provided in section 266.42. 1. The university shall evaluate technologies or strategies that demonstrate promise for fu-

ture development but which may require a long-term research commitment. 2. Nothing in this section restricts the university from conducting its evaluation at livestock

732LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1174

operations, including as provided in section 266.43. A livestock producer who is classified as a habitual violator pursuant to section 459.604 or a chronic violator pursuant to section 657.11 shall not participate in abasic researchproject under this sectionunless the livestockproducer contributes one hundred percent of the total costs of conducting the project.

Sec. 7. NEW SECTION. 266.46 INFORMATION REPORTING. In accordancewith section266.42, Iowa state university of science and technology is the cus-

todian of all information including but not limited to reports and records obtained, submitted, and maintained in connection with the research projects conducted on the site of a livestock operation as provided in this division, and all information submitted by or gathered from or deduced from a livestock producer or livestock operation pursuant to a livestock odor mitiga- tion evaluation under section 266.49 or section 459.303, subsection 3. The public shall have a right to examine and copy the information as provided in chapter 22, subject to the excep- tions of section 22.7. In addition, the university or an agent or employee of the university shall not release the name or location, or any other information sufficient to identify the name or location of any livestock producer or livestock operation participating in a research project or participating in a livestock odor mitigation evaluation pursuant to section 266.49 or section 459.303, subsection 3, and such information shall not be subject to release pursuant to sub- poena or discovery in any civil proceeding, unless such confidentiality is waived in writing by the livestock producer. In addition, the university or an employee or agent of the university shall release no other information submitted by or gathered from or deduced from a livestock producer or livestock operation pursuant to a livestock odor mitigation evaluation under sec- tion 266.49 or section 459.303, subsection 3, unless such information is used in a researchproj- ect, which in turn shall not occur without the written consent of the livestock producer. Any information provided by, gathered from, or deduced froma livestock producer or livestock op- eration in connection with a research project or odor mitigation evaluation that is in the pos- session of the livestock producer or livestock operation shall not be subject to subpoena or dis- covery in any civil action against the producer.

Sec. 8. NEW SECTION. 266.47 RESEARCH RESULTS — INTERIM AND FINAL RE- PORTS. Iowa state university of science and technology shall prepare and submit reports as follows: 1. a. The university shall submit an interim report to the general assembly each year on or

before January 15, through January 15, 2013. The interim report shall do all of the following: (1) Describe theuniversity’s progress in achieving thepurposesof section266.42, anddetail

its efforts in carrying out the livestock odor mitigation efforts described in this division. (2) Evaluate applied and basic research projects being conducted or completed and provide

estimates for their completion. (3) Makeany recommendation for improving, continuing, or expanding livestockodormiti-

gation efforts and for disseminating the results of those efforts to livestock producers. b. The university shall submit a final report to the general assembly on or before sixmonths

after the completion of its research projects as provided in section 266.41. The final report shall include a summary of efforts, the university’s findings and conclusions, and recommen- dations necessary to carry out the purposes of section 266.42. 2. Nothing in this section prevents the university, or any individual researcher employed by

or affiliated with the university, from compiling information obtained, submitted, and main- tained as the result of a livestock odormitigation effort as provided in section 266.42 involving a specific livestock operation, and publishing that information as part of the report so long as the information cannot be used to identify a livestock producer or livestock operation without the consent of the livestock producer as provided in section 266.46. 3. All information obtained by the university in connection with a research project shall be

available for public examination and copying as provided in chapter 22, subject to the excep- tions of section 22.7, so long as the information cannot be used to identify the livestockproduc- er or livestock operation as provided in section 266.46.

733 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1174

Sec. 9. NEW SECTION. 266.48 COST-SHARE PROGRAM FOR LIVESTOCK MITIGA- TION EFFORTS. 1. a. Iowa state university, in cooperationwith the department of agriculture and land stew-

ardship and the department of natural resources, shall establish a cost-share program for the livestock odormitigation research efforts as established in sections 266.43 through266.45 that maximizes participation in the livestock mitigation research efforts so as to accomplish the purposes in section 266.42, subsection 1. b. The cost-share program shall allow formonetary contributions from livestock producers

and other persons with an interest in livestock production. In addition, a livestock producer participating in a livestock odor mitigation research effort as provided in sections 266.43 through 266.45 shall provide in-kind contributions to participate in a research effort which may include but are not limited to furnishing the livestock producer’s own labor, construction equipment, electricity and other utility costs, insurance, real property tax payments, and basic construction materials that may be reused or continued to be used by the livestock producer after the completion of the research effort. 2. This section does not apply to a livestock producerwho is required to contribute one hun-

dred percent of the total costs of conducting a research project.

Sec. 10. NEW SECTION. 266.49 LIVESTOCK ODOR MITIGATION EVALUATION EF- FORT. 1. If funding is available, Iowa state university shall provide for a livestock odor mitigation

evaluation effort as provided in section 266.42. The effort shall accomplish all the following objectives: a. Ensure ease of its use and timeliness in producing results, including reports and the issu-

ance of a livestock odor mitigation certificate as provided in this section. b. Ensure a cost-effective process of evaluation. c. Provide a level of evaluation that corresponds to the complexity of the proposed site of

construction, including unique characteristics associated with that site. 2. The livestock odor mitigation evaluation effort shall provide for increasing levels of par-

ticipation by a person who requests the evaluation in cooperation with the university as fol- lows: a. A level one evaluation that provides an opportunity for the person to complete a simple

questionnaire which may be accessed by using the internet without assistance by university personnel. b. A level two evaluation that provides an opportunity for the person to consult with a spe-

cialist designated by the university who shall assist in performing a comprehensive evaluation of the site of the proposed construction. c. A level three evaluation which provides an opportunity for the person to participate in a

community-based odor assessment model that uses predictive computer modeling to analyze the potential odor intensity, duration, and frequency for a neighbor froma livestock operation. 3. An evaluation may account for all factors impacting upon odor exposure as determined

relevant by the university. The factorsmay vary based upon the type of evaluation performed. Factors which may be considered include but are not limited to all of the following: a. Characteristics relating to the proposed site including but not limited to terrain, weather

patterns, surrounding vegetative barriers, the proximity of neighbors, and contributing odor sources. b. The type and size of the structure proposed to be constructed and its relationship to exist-

ing livestock operation structures. 4. At the completion of an evaluation, the university shall provide the participating person

with a report including its findings and recommendations. A report may vary based upon the typeof evaluationperformed. The report resulting froma level oneor level twoevaluationmay recommend that the participating person conduct a higher level evaluation. A report resulting froma level twoor level three evaluationmay recommendmodifications to thedesign or orien-

734LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1174

tation of the livestock operation structure proposed to be constructed, the adoption of odor mitigating practices, or the installation of odor mitigating technologies. 5. A participating personwho has completed the level of evaluation as recommended by the

university may request that the university issue the participating person a livestock odor miti- gation evaluation certificate. The university shall issue a certificate to the participatingperson that verifies the person’s completion of an evaluation that satisfies the requirements of this section. The university shall not issue a certificate to a participating person who has not com- pleted the level of evaluation recommended by the university. The certificate shall identify the name of the participating person and the site where the construction is proposed. However, it shall not include any other information.

Sec. 11. Section 459.303, subsection 3, Code 2007, is amendedby adding the followingnew paragraph: NEW PARAGRAPH. d. A livestock odor mitigation evaluation certificate issued by Iowa

state university as provided in section 266.49. The department shall not obtain, maintain, or consider the results of an evaluation. The applicant is not required to submit the certificate if any of the following applies: (1) The confinement feeding operation is twice the minimum separation distance required

from the nearest object or location from which a separation distance is required pursuant to section 459.202 on the date of the application, not including a public thoroughfare. (2) The owner of each object or location which is less than twice the minimum separation

distance required pursuant to section 459.202 from the confinement feeding operation on the date of the application, other than a public thoroughfare, executes a document consenting to the construction. (3) The applicant submits a document swearing that Iowa state university has failed to fur-

nish a certificate to the applicant within forty-five days after the applicant requested the uni- versity to conduct a livestock odor mitigation evaluation as provided in section 266.49. (4) Theapplication is for a permit to expanda confinement feeding operation, if the confine-

ment feeding operation was first constructed before the effective date of this section of this Act. (5) Iowa state university does not provide for a livestock odor mitigation evaluation effort

as provided in section 266.49, for any reason, including because funding is not available.

Sec. 12. APPLICABILITY. Section 459.303, subsection 3, as amended by this Act, shall not apply to require an applicant for a permit to construct a confinement feeding operation struc- ture to submit a livestock odor mitigation evaluation certificate to the department of natural resources, if the application was submitted prior to the effective date of the section of this Act amending section 459.303, subsection 3.

Sec. 13. CONTINGENT IMPLEMENTATION. Subject to the effective date provisions of this Act, this Act shall be implemented by Iowa state university and the department of natural resources only when Iowa state university first receives moneys during a fiscal year as neces- sary to carry out all of the provisions of this Act.

Sec. 14. EFFECTIVEDATE. The section of this Act amending section 459.303, subsection 3, takes effect January 1, 2009.

Approved May 15, 2008