The Committee of 12 legislators that has been working on CAFO legislation for 
Iowa presented a bill last week.  This version of the bill included a lot of 
the provisions the Sierra Club thinks are important, including a phosphorus 
standard for manure management plans, permit fees to fund the DNR livestock 
program, increased setback distances for valuable and vulnerable natural 
resources, and air quality monitoring and standards.

Unfortunately, since last Thursday when the bill was released, many groups 
are working to weaken the language in the bill.  Especially vulnerable seem 
to be the provisions for air quality monitoring and standards and the permit 
fees to fund DNR regulation of the livestock industry.

SO, this bill needs your help!  The Iowa Chapter of the Sierra Club, along 
with other environmental and public interest groups, has been supportive of 
the process to create MEANINGFUL CAFO legislation.  We were pleasantly 
surprised at how many good things were included in the first draft of the 
bill, although we acknowledged that there were provisions we still want to be 
included or strengthened.

The Sierra Club wants to continue to support the legislative process, which 
means that we need to let our legislators know that weakening the CAFO bill 
is not acceptable.  We want real improvements to Iowa's air and water 
quality, and it is not clear that the CAFO bill as it stands now will really 
do this.

Please call or email your legislators, especially your senator.  The Senate 
is expected to debate the CAFO bill on the floor on Tuesday, so there is not 
much time to let our senators know that:

1) We want a provision in the CAFO bill that allows the DNR to collect fees 
from permitted livestock facilities, so that the DNR can assist producers in 
the creation and implementation of manure management plans and can monitor 
pollution problems created by some of these facilities.

2) We want a provision in the CAFO bill for air quality monitoring and 
standards that allows the DNR to continue the rule-making process and takes 
into acccount the recommendations made in the report by the Univ. of Iowa and 
Iowa State.

Go to www.legis.state.ia.us to find your legislators' names and contact 
information. 

Please pass this Action Alert to other interested Iowans.


Read further if you want more background information about the CAFO bill.  
This information is from Rep. Mark Kuhn.
Bill Highlights
The 12-member group is continuing to meet to fine-tune the details of the 
bill.  After the committee agrees on all the details, the bill will be filed 
as an amendment to Senate File 2293, a shell bill created to give the group 
more time to work.  
The Senate Agriculture Committee has started discussing the draft proposal.  
They have tabled their debate until the 12-member group can make final 
changes.
The Senate majority leader said the intent is to get this amendment filed by 
the end of the week. At that point, the amendment will be available on the 
state's legislative website.

Major highlights of the bill include:
o    Air Quality.  DNR is required to conduct a comprehensive field study to 
monitor the level of airborne pollutants (defined as hydrogen sulfide, 
ammonia, or odor) emitted from all animal feeding operations.  At this time, 
the measuring will be done from the neighbor's residence, church, business, 
school, or public use area, not the property line.  

o    Phosphorus.  In addition to nitrogen use levels, DNR is also required to 
establish a phosphorus index in order to determine the manner and timing of 
the application to a land area of manure originating from a confinement 
feeding operation.  

o    Producer Fees.  The bill provides for a long-term, stable funding source 
to provide DNR with resources to hire 12 new inspectors to enforce 
environmental laws that relate to livestock.  The bill sets a variable 
compliance fee (cannot exceed 15¢ per animal unit capacity), which will be 
paid for by confinement owners who are required to file a manure management 
plan.  

o    Local Community Impact Matrix.  Under current law, counties consider 
applications for construction permits and may submit comments to DNR.  The 
bill requires the establishment of a state-developed community impact matrix 
based on social and economic factors.  Local boards of supervisors can use 
this matrix to make an evaluation to DNR on whether a permitted facility 
should be built in their county.  DNR will have final authority on siting 
facilities, based on the community impact matrix and a DNR-developed 
environmental impact matrix.  

o    Separation Distances. The bill basically increases construction 
distances by 500 feet for new construction of confinement feeding operation 
structures and the expansion of those operations from a neighbor, business, 
school, church or public use area. Distances were increased to up to 2,000 
feet from a surface intake, wellhead, or cistern of an agricultural drainage 
well or known sinkhole; 2,500 feet from a federal or state designated 
protected wetland; and 1,000 feet from a major water source or 500 feet from 
a non-major water source. 

o    100-year Floodplain.  The bill prohibits building a confinement feeding 
operation structure on land that is part of a 100-year floodplain. 

o Restitution for water pollution.  The bill clarifies that a person who is 
liable for pollution of state waters is also liable to pay restitution to the 
State Fish and Game Protection Fund for injury to fish, wildlife, and other 
species injured by pollution.  DNR is authorized to assess restitution 
amounts, including administrative costs to investigating pollution injuries 
pursuant to DNR rules.  The rules may establish liquidated damages for 
certain species within specified limits.  Restitution amounts, except amounts 
for investigative costs, must be used to fund restoration or improvement of 
fisheries.  

o Permit Threshold Lowered.  Under current law, DNR sets the threshold to 
determine who has to get a construction permit.  Under the bill, at a 
minimum, a confinement feeding operation of at least 1,000 animal units must 
obtain a construction permit.  As an example, currently a permit is needed 
for finishing hog operations of over 4,167 animals.  Under this bill, an 
operation of 2,500 hogs would need a permit.  A small animal feeding 
operation (defined as 500 animal units or less) is exempt from the 
construction permit requirements and the manure management plan requirements. 

o    Monitoring Wells.  DNR may require that the owner of a confinement 
feeding operation install and operate monitoring wells as part of an unformed 
(earthen) manure storage structure.

o    Prohibits Lowering of Groundwater Table.  An unformed (earthen) manure 
storage structure is prohibited from being constructed by installing a system 
to permanently lower the groundwater table.  Current law allows for the 
lowering of the groundwater table.



Erin Jordahl
Director, Iowa Chapter Sierra Club
3839 Merle Hay Road, Suite 280
Des Moines, IA 50310
515-277-8868
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