Bill Text: IA SF2011 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to applications to construct confinement feeding operation structures, including by requiring a notice be delivered to certain persons regarding the construction, and including effective date provisions.
Spectrum: Partisan Bill (Independent 1-0)
Status: (Introduced - Dead) 2018-01-09 - Subcommittee: Kapucian, Brown, and Kinney. S.J. 69. [SF2011 Detail]
Download: Iowa-2017-SF2011-Introduced.html
Senate File 2011 - Introduced SENATE FILE BY D. JOHNSON A BILL FOR 1 An Act relating to applications to construct confinement 2 feeding operation structures, including by requiring 3 a notice be delivered to certain persons regarding the 4 construction, and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5402XS (4) 87 da/rj PAG LIN 1 1 Section 1. Section 459.303, subsection 3, Code 2018, is 1 2 amended by adding the following new paragraphs: 1 3 NEW PARAGRAPH. e. A brief summary of the application 1 4 completed on a form prepared by the department in consultation 1 5 with the Iowa state association of counties. The completed 1 6 form shall at least include all of the following: 1 7 (1) The name and mailing address of the applicant. 1 8 (2) The type of animal to be maintained at the confinement 1 9 feeding operation classified by animal unit, if all proposed 1 10 confinement feeding operation structures were constructed. 1 11 (3) The maximum number of animals and the maximum number 1 12 of animal units to be maintained at the confinement feeding 1 13 operation, if all proposed confinement feeding operation 1 14 structures were constructed. 1 15 (4) A brief description of the location, type, and size of 1 16 each confinement feeding operation structure proposed to be 1 17 constructed. 1 18 NEW PARAGRAPH. f. A list containing the name and last known 1 19 mailing address of each person holding legal title to land 1 20 located within two miles of the confinement feeding operation 1 21 structure proposed to be constructed. The names and mailing 1 22 addresses may be the same as those shown in the records of 1 23 the county auditor of the county located within two miles of 1 24 the confinement feeding operation structure proposed to be 1 25 constructed. 1 26 Sec. 2. Section 459.304, subsection 1, Code 2018, is amended 1 27 by adding the following new paragraph: 1 28 NEW PARAGRAPH. c. The county board of supervisors shall 1 29 send the brief summary of the application as described in 1 30 section 459.303 to each person holding legal title to land 1 31 located within two miles of the confinement feeding operation 1 32 structure proposed to be constructed as provided in the 1 33 application. The county board of supervisors may include with 1 34 the summary the time and place of a public hearing regarding 1 35 the application as provided in this section. 2 1 Sec. 3. Section 459.304, subsection 2, paragraph a, 2 2 subparagraph (2), Code 2018, is amended by striking the 2 3 subparagraph and inserting in lieu thereof the following: 2 4 (2) The notice shall include all of the following: 2 5 (a) The information contained in the brief summary of the 2 6 application as described in section 459.303. 2 7 (b) The time when and the place where the application may be 2 8 examined as provided in section 22.2. 2 9 (c) The time and place of the public hearing, if any. 2 10 (d) Procedures for providing public comments to the board as 2 11 provided by the board. 2 12 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 2 13 importance, takes effect upon enactment. 2 14 EXPLANATION 2 15 The inclusion of this explanation does not constitute agreement with 2 16 the explanation's substance by the members of the general assembly. 2 17 BILL'S SUBSTANTIVE PROVISIONS. This bill amends Code 2 18 chapter 459, the "Animal Agriculture Compliance Act" (Code 2 19 chapter 459) by requiring that a county board of supervisors 2 20 (board) send a notice to certain landowners that a permit 2 21 application has been filed with the department of natural 2 22 resources (DNR) proposing to construct a confinement feeding 2 23 operation structure (structure) which is part of a proposed or 2 24 existing confinement feeding operation sometimes referred to 2 25 as a concentrated animal feeding operation (CAFO). The notice 2 26 must be sent by certified or ordinary mail to each neighbor 2 27 holding legal title to land located within two miles from the 2 28 location of the proposed construction site. An application 2 29 must include a brief summary of information regarding the 2 30 proposal, which must at least state: (1) the identity of the 2 31 applicant, (2) the type and numbers of animals to be confined 2 32 at the CAFO if each proposed structure were constructed, and 2 33 (3) the location, type, and size of each structure proposed to 2 34 be constructed. The notice must include the summary and may 2 35 also state time and place of a public hearing regarding the 3 1 application conducted by the board. The bill provides that the 3 2 same information must be included in the notice of a public 3 3 hearing. 3 4 BACKGROUND == DNR PERMIT REQUIREMENTS. DNR is required to 3 5 approve or disapprove a permit to construct (including expand) 3 6 structures (Code section 459.303). DNR must disapprove an 3 7 application that does not satisfy the requirements of the Code 3 8 chapter. A permit is required if after constructing all such 3 9 structures, a CAFO would have an animal unit capacity of at 3 10 least 1,000 animal units (AUs) or the proposed structure is an 3 11 unformed manure storage structure. A special exemption applies 3 12 to a CAFO owned by a research college (Code section 459.303). 3 13 As part of the process, the permit application must be filed 3 14 with DNR and the board in the county where the construction 3 15 is to occur. The board may hold a public hearing to receive 3 16 public comments regarding the application and forward its 3 17 comments and public comments to DNR prior to the agency's 3 18 decision to approve or disapprove the application. The board 3 19 is required to publish a notice of a scheduled public hearing 3 20 in a newspaper having a general circulation in the county. The 3 21 notice must provide relevant information about the applicant, 3 22 the proposed construction, and the time and place of the public 3 23 hearing. 3 24 BACKGROUND == TERMS. Code chapter 459 includes a number 3 25 of defined terms (Code section 459.102). An animal feeding 3 26 operation refers to any area in which animals are confined and 3 27 fed and maintained for 45 days or more in any 12=month period. 3 28 A CAFO is a type of animal feeding operation that includes a 3 29 totally roofed building where confined animals are maintained 3 30 (as compared to an open feedlot). Confined animals are limited 3 31 to cattle, swine, horses, sheep, chickens, turkeys, or fish. 3 32 A CAFO's structure includes a building, egg washwater storage 3 33 structure, or one of two types of manure storage structures, 3 34 formed or unformed. A formed structure has walls and a 3 35 floor all constructed of durable materials such as concrete 4 1 (as compared to an unformed structure such as an earthen 4 2 impoundment). A CAFO's size is determined by calculating its 4 3 AU capacity. A special equivalency factor is assigned for 4 4 each classification of confined animal. For example, each 4 5 butcher or breeding swine weighing more than 55 pounds has an 4 6 equivalency factor of 0.4 AUs (Code section 459.102). The 4 7 permit requirement threshold of 1,000 AUs means that a permit 4 8 would be required if after construction the CAFO would have an 4 9 AU capacity of 2,500 of such swine (1,000 ? 0.4 = 2,500). 4 10 BILL'S EFFECTIVE DATE. The bill takes effect upon 4 11 enactment. LSB 5402XS (4) 87 da/rj
