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 [log in to unmask] [log in to unmask]