Bill Text: IA SF2019 | 2017-2018 | 87th 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 (Independent 1-0)
Status: (Introduced - Dead) 2018-01-16 - Subcommittee: Edler, Brown, and Taylor. S.J. 109. [SF2019 Detail]
Download: Iowa-2017-SF2019-Introduced.html
Senate File 2019 - Introduced SENATE FILE BY D. JOHNSON A BILL FOR 1 An Act relating to animal agriculture, by providing for a 2 public hearing conducted by the board of supervisors in 3 a county where a structure associated with a confinement 4 feeding operation is proposed to be constructed, including 5 expanded, and including effective date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5221XS (4) 87 da/rn PAG LIN 1 1 Section 1. Section 459.303, subsection 2, Code 2018, is 1 2 amended to read as follows: 1 3 2. a. The department shall issue a construction permit upon 1 4 approval of an application. 1 5 b. The department shall approve the application if the 1 6 application is submitted to the county board of supervisors in 1 7 the county where the proposed confinement feeding operation 1 8 structure is to be located as required pursuant to section 1 9 459.304, and the application meets the requirements of this 1 10 chapter. 1 11 c. The application must include the name of at least one 1 12 project manager actively involved in making all major decisions 1 13 regarding the siting and construction of each confinement 1 14 feeding operation structure described in the application. 1 15 If a county board of supervisors conducts a public hearing 1 16 concerning the application, the department shall not approve 1 17 the application if the board submits credible evidence 1 18 that a project manager did not attend or participate in the 1 19 public hearing as required in section 459.304. A rebuttable 1 20 presumption exists that a qualified project manager attended 1 21 and participated at the public hearing. 1 22 d. If a county submits an approved recommendation pursuant 1 23 to a construction evaluation resolution filed with the 1 24 department, the application must also achieve a satisfactory 1 25 rating produced by the master matrix used by the board or 1 26 department under section 459.304. The department shall approve 1 27 the application regardless of whether the applicant is required 1 28 to be issued a construction permit. 1 29 Sec. 2. Section 459.304, subsection 2, paragraph b, Code 1 30 2018, is amended to read as follows: 1 31 b. (1) The board may hold a public hearing to receive 1 32 public comments regarding the application. 1 33 (2) If a public hearing is held, the board may require the 1 34 applicant to select a project manager named in the application 1 35 pursuant to section 459.303 to attend and participate in the 2 1 public hearing. The participation must include explaining the 2 2 application, stating a position regarding the application, and 2 3 providing informed responses to questions by the board and 2 4 the public regarding the application. The board may submit 2 5 evidence to the department that a project manager did not 2 6 attend or participate in the public hearing. 2 7 (3) Thecountyboardof supervisorsmay submit comments 2 8 by the board,andthe public, and the project manager to the 2 9 department as provided in this section, including but not 2 10 limited to all of the following: 2 11(1)(a) The existence of an object or location not included 2 12 in the application that benefits from a separation distance 2 13 requirement as provided in section 459.202 or 459.204 or 2 14 459.310. 2 15(2)(b) The suitability of soils and the hydrology of the 2 16 site where construction of a confinement feeding operation 2 17 structure is proposed. 2 18(3)(c) The availability of land for the application of 2 19 manure originating from the confinement feeding operation. 2 20(4)(d) Whether the construction of a proposed confinement 2 21 feeding operation structure will impede drainage through 2 22 established tile lines, laterals, or other improvements which 2 23 are constructed to facilitate the drainage of land not owned by 2 24 the person applying for the construction permit. 2 25 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 2 26 importance, takes effect upon enactment. 2 27 EXPLANATION 2 28 The inclusion of this explanation does not constitute agreement with 2 29 the explanation's substance by the members of the general assembly. 2 30 GENERAL. This bill amends provisions in the "Animal 2 31 Agriculture Compliance Act" (Code chapter 459) which currently 2 32 requires that when the department of natural resources (DNR) 2 33 receives an application for a permit to construct (including 2 34 expand) a structure which is to be part of a confinement 2 35 feeding operation sometimes referred to as a "concentrated 3 1 animal feeding operation" (CAFO), it must deliver the 3 2 application to the board of supervisors (board) in the county 3 3 where the structure is proposed to be located. Currently, the 3 4 board may become involved in the application approval process 3 5 by conducting a public hearing and submitting comments from its 3 6 members and the public to DNR within 30 days from the date DNR 3 7 received the application (Code sections 459.303 and 459.304). 3 8 BILL'S PROVISIONS. The bill requires that the application 3 9 include the name of one or more project managers responsible 3 10 for siting and constructing the CAFO structure. The board may 3 11 require the applicant to select a project manager named in the 3 12 application to attend the public hearing and participate by 3 13 explaining the application, stating a position regarding the 3 14 application, and answering questions. The project manager's 3 15 comments may be submitted to DNR with the other comments. It 3 16 is presumed that the project manager attended and participated 3 17 in the public hearing. The board may submit evidence that a 3 18 project manager did not attend or participate in the public 3 19 hearing. If the board satisfies DNR that these requirements 3 20 were not satisfied, DNR cannot approve the application. 3 21 BACKGROUND == PERMIT REQUIREMENTS. DNR's responsibility to 3 22 approve or disapprove a permit application and a board's right 3 23 to review and evaluate the application is based on several 3 24 factors: (1) a CAFO's capacity (1,000 or more animal units 3 25 or AUs) or (2) the construction of an unformed manure storage 3 26 structure. A special exemption applies to a CAFO owned by 3 27 a research college (Code section 459.303). As part of the 3 28 process, the permit application must be filed with DNR and the 3 29 board in the county where the construction is to occur. The 3 30 board may hold a public hearing to receive public comments 3 31 regarding the application and forward its comments and public 3 32 comments to DNR prior to the agency's decision to approve 3 33 or disapprove the application. The board is required to 3 34 publish a notice of a scheduled public hearing in a newspaper 3 35 having a general circulation in the county. The notice must 4 1 provide relevant information about the applicant, the proposed 4 2 construction, and the time and place of the public hearing 4 3 (Code section 459.304). 4 4 BACKGROUND == TERMS == CAFOs. Code chapter 459 includes 4 5 a number of defined terms (Code section 459.102). An animal 4 6 feeding operation refers to any area in which animals are 4 7 confined and fed and maintained for 45 days or more in any 4 8 12=month period. A CAFO is a type of animal feeding operation 4 9 that includes a totally roofed building where confined animals 4 10 are maintained (as compared to an open feedlot). An unformed 4 11 manure storage structure has walls and a bottom composed of 4 12 earth or nondurable materials as compared with a formed manure 4 13 storage structure often constructed of concrete. Confined 4 14 animals are limited to cattle, swine, horses, sheep, chickens, 4 15 turkeys, or fish. In calculating AUs, a special equivalency 4 16 factor is assigned for each classification of confined animal. 4 17 For example, each butcher or breeding swine weighing more than 4 18 55 pounds has an equivalency factor of 0.4 AUs. For purposes 4 19 of calculating the permit threshold for a CAFO maintaining such 4 20 swine the AU capacity must equal a minimum of 2,500 (1,000 ? 4 21 0.4 = 2,500). 4 22 EFFECTIVE DATE. The bill, if enacted, would take effect upon 4 23 that date. LSB 5221XS (4) 87 da/rn
