Bill Text: IA HF200 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to animal agriculture, by providing for a public hearing conducted by the board of supervisors in a county where a structure associated with a confinement feeding operation is proposed to be constructed, including expanded, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2019-02-04 - Introduced, referred to Environmental Protection. H.J. 198. [HF200 Detail]
Download: Iowa-2019-HF200-Introduced.html
House
File
200
-
Introduced
HOUSE
FILE
200
BY
STECKMAN
,
HUNTER
,
OLDSON
,
STAED
,
COHOON
,
MASCHER
,
and
THEDE
A
BILL
FOR
An
Act
relating
to
animal
agriculture,
by
providing
for
a
1
public
hearing
conducted
by
the
board
of
supervisors
in
2
a
county
where
a
structure
associated
with
a
confinement
3
feeding
operation
is
proposed
to
be
constructed,
including
4
expanded,
and
including
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
459.303,
subsection
2,
Code
2019,
is
1
amended
to
read
as
follows:
2
2.
a.
The
department
shall
issue
a
construction
permit
upon
3
approval
of
an
application.
4
b.
The
department
shall
approve
the
application
if
the
5
application
is
submitted
to
the
county
board
of
supervisors
in
6
the
county
where
the
proposed
confinement
feeding
operation
7
structure
is
to
be
located
as
required
pursuant
to
section
8
459.304
,
and
the
application
meets
the
requirements
of
this
9
chapter
.
10
c.
The
application
must
include
the
name
of
at
least
one
11
project
manager
actively
involved
in
making
all
major
decisions
12
regarding
the
siting
and
construction
of
each
confinement
13
feeding
operation
structure
described
in
the
application.
14
If
a
county
board
of
supervisors
conducts
a
public
hearing
15
concerning
the
application,
the
department
shall
not
approve
16
the
application
if
the
board
submits
credible
evidence
17
that
a
project
manager
did
not
attend
or
participate
in
the
18
public
hearing
as
required
in
section
459.304.
A
rebuttable
19
presumption
exists
that
a
qualified
project
manager
attended
20
and
participated
at
the
public
hearing.
21
d.
If
a
county
submits
an
approved
recommendation
pursuant
22
to
a
construction
evaluation
resolution
filed
with
the
23
department,
the
application
must
also
achieve
a
satisfactory
24
rating
produced
by
the
master
matrix
used
by
the
board
or
25
department
under
section
459.304
.
The
department
shall
approve
26
the
application
regardless
of
whether
the
applicant
is
required
27
to
be
issued
a
construction
permit.
28
Sec.
2.
Section
459.304,
subsection
2,
paragraph
b,
Code
29
2019,
is
amended
to
read
as
follows:
30
b.
(1)
The
board
may
hold
a
public
hearing
to
receive
31
public
comments
regarding
the
application.
32
(2)
If
a
public
hearing
is
held,
the
board
may
require
the
33
applicant
to
select
a
project
manager
named
in
the
application
34
pursuant
to
section
459.303
to
attend
and
participate
in
the
35
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public
hearing.
The
participation
must
include
explaining
the
1
application,
stating
a
position
regarding
the
application,
and
2
providing
informed
responses
to
questions
by
the
board
and
3
the
public
regarding
the
application.
The
board
may
submit
4
evidence
to
the
department
that
a
project
manager
did
not
5
attend
or
participate
in
the
public
hearing.
6
(3)
The
county
board
of
supervisors
may
submit
comments
7
by
the
board
,
and
the
public
,
and
the
project
manager
to
the
8
department
as
provided
in
this
section
,
including
but
not
9
limited
to
all
of
the
following:
10
(1)
(a)
The
existence
of
an
object
or
location
not
included
11
in
the
application
that
benefits
from
a
separation
distance
12
requirement
as
provided
in
section
459.202
or
459.204
or
13
459.310
.
14
(2)
(b)
The
suitability
of
soils
and
the
hydrology
of
the
15
site
where
construction
of
a
confinement
feeding
operation
16
structure
is
proposed.
17
(3)
(c)
The
availability
of
land
for
the
application
of
18
manure
originating
from
the
confinement
feeding
operation.
19
(4)
(d)
Whether
the
construction
of
a
proposed
confinement
20
feeding
operation
structure
will
impede
drainage
through
21
established
tile
lines,
laterals,
or
other
improvements
which
22
are
constructed
to
facilitate
the
drainage
of
land
not
owned
by
23
the
person
applying
for
the
construction
permit.
24
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
25
importance,
takes
effect
upon
enactment.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
BILL
PROVISIONS.
This
bill
amends
provisions
in
the
“Animal
30
Agriculture
Compliance
Act”
(Code
chapter
459)
which
currently
31
requires
that
when
the
department
of
natural
resources
(DNR)
32
receives
an
application
for
a
permit
to
construct
(including
33
expand)
a
structure
which
is
to
be
part
of
a
confinement
34
feeding
operation
(operation),
it
must
deliver
the
application
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to
the
board
of
supervisors
(board)
in
the
county
where
1
the
structure
is
proposed
to
be
located.
The
bill
requires
2
that
the
application
include
the
name
of
one
or
more
project
3
managers
responsible
for
siting
and
constructing
the
structure.
4
The
board
may
require
the
applicant
to
select
a
project
5
manager
named
in
the
application
to
attend
the
public
hearing
6
and
participate
by
explaining
the
application,
stating
a
7
position
regarding
the
application,
and
answering
questions.
8
The
project
manager’s
comments
may
be
submitted
to
DNR
with
9
the
other
comments.
It
is
presumed
that
the
project
manager
10
attended
and
participated
in
the
public
hearing.
The
board
11
may
submit
evidence
that
a
project
manager
did
not
attend
or
12
participate
in
the
public
hearing.
If
the
board
satisfies
DNR
13
that
these
requirements
were
not
satisfied,
DNR
cannot
approve
14
the
application.
15
BACKGROUND
——
PERMIT
REQUIREMENTS.
DNR’s
responsibility
16
to
approve
or
disapprove
a
permit
application
and
a
board’s
17
right
to
review
and
evaluate
the
application
is
based
on
18
several
factors
including:
(1)
an
operation’s
capacity
and
(2)
19
the
construction
of
an
unformed
manure
storage
structure.
A
20
special
exemption
applies
to
an
operation
owned
by
a
research
21
college
(Code
section
459.303).
As
part
of
the
process,
the
22
permit
application
must
be
filed
with
DNR
and
the
board
in
23
the
county
where
the
construction
is
to
occur.
The
board
may
24
hold
a
public
hearing
to
receive
public
comments
regarding
the
25
application
and
forward
its
comments
and
public
comments
to
26
DNR
prior
to
the
agency’s
decision
to
approve
or
disapprove
27
the
application.
The
board
is
required
to
publish
a
notice
28
of
a
scheduled
public
hearing
in
a
newspaper
having
a
general
29
circulation
in
the
county.
The
notice
must
provide
relevant
30
information
about
the
applicant,
the
proposed
construction,
31
and
the
time
and
place
of
the
public
hearing
(Code
section
32
459.304).
33
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
34
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