Bill Text: IA SF2264 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act authorizing counties to adopt county legislation relating to the regulation of confinement feeding operations to preserve drinking water sources, and including effective date provisions.
Spectrum: Partisan Bill (Independent 1-0)
Status: (Introduced - Dead) 2018-02-14 - Subcommittee: Guth, Chelgren, and Hogg. S.J. 319. [SF2264 Detail]
Download: Iowa-2017-SF2264-Introduced.html
Senate File 2264 - Introduced SENATE FILE BY D. JOHNSON A BILL FOR 1 An Act authorizing counties to adopt county legislation 2 relating to the regulation of confinement feeding operations 3 to preserve drinking water sources, and including effective 4 date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5415XS (3) 87 da/rn PAG LIN 1 1 Section 1. Section 331.304A, subsection 2, Code 2018, is 1 2 amended to read as follows: 1 3 2. a. A county shall not adopt or enforce county 1 4 legislation regulating a condition or activity occurring 1 5 on land used for the production, care, feeding, or housing 1 6 of animals unless the regulation of the production, care, 1 7 feeding, or housing of animals is expressly authorized by 1 8 state law. County legislation adopted in violation of this 1 9 section is void and unenforceable and any enforcement activity 1 10 conducted in violation of this section is void. A condition 1 11 or activity occurring on land used for the production, care, 1 12 feeding, or housing of animals includes but is not limited to 1 13 the construction, operation, or management of an animal feeding 1 14 operation, an animal feeding operation structure, or aerobic 1 15 structure, and to the storage, handling, or application of 1 16 manure or egg washwater. 1 17 b. Paragraph "a" does not apply to a special confinement 1 18 feeding operations ordinance as provided in section 459.305A. 1 19 Sec. 2. Section 335.2, Code 2018, is amended to read as 1 20 follows: 1 21 335.2 Farms exempt. 1 22 1. Except to the extent required to implement section 1 23 335.27, no ordinance adopted under this chapter applies to 1 24 land, farm houses, farm barns, farm outbuildings or other 1 25 buildings or structures which are primarily adapted, by reason 1 26 of nature and area, for use for agricultural purposes, while 1 27 so used. However, the ordinances may apply to any structure, 1 28 building, dam, obstruction, deposit or excavation in or on the 1 29 flood plains of any river or stream. 1 30 2. Subsection 1 does not apply to a special confinement 1 31 feeding operations ordinance as provided in section 459.305A. 1 32 Sec. 3. NEW SECTION. 459.305A Special confinement feeding 1 33 operations ordinance. 1 34 1. A county may adopt a special confinement feeding 1 35 operations ordinance. The purpose of the ordinance is to 2 1 allow the county board of supervisors to regulate the siting 2 2 and operation of a confinement feeding operation that may 2 3 impact the sources of drinking water accessed by residences 2 4 of the county. The ordinance shall include findings of fact 2 5 that support the board of supervisors' conclusion that the 2 6 ordinance is necessary to protect its drinking water sources. 2 7 The ordinance may include greater or additional restrictions on 2 8 the construction, including expansion, of a confinement feeding 2 9 operation structure, or the application of manure in the county 2 10 that originates from the confinement feeding operation, than 2 11 otherwise provided in this subchapter, including rules adopted 2 12 by the department pursuant to this subchapter. The ordinance 2 13 nor any action taken by a board of supervisors under this 2 14 section is subject to review or approval by the department. 2 15 2. A person shall not construct, including expand, a 2 16 confinement feeding operation structure in a county that has 2 17 adopted a special confinement feeding operations ordinance 2 18 until the county board of supervisors has approved the location 2 19 of the confinement feeding operation in a manner and according 2 20 to procedures required in the ordinance. 2 21 a. The county board of supervisors may subject its approval 2 22 to conditions for the construction of the confinement feeding 2 23 operation structure, the operation of the confinement feeding 2 24 operation, or the application of manure originating from the 2 25 confinement feeding operation. 2 26 b. A person required to be issued a permit by the department 2 27 for the construction of a confinement feeding operation 2 28 structure as provided in section 459.303 must be issued such 2 29 permit prior to obtaining approval by the county board of 2 30 supervisors under this section. 2 31 c. A county board of supervisors may base its approval or 2 32 disapproval on factors other than factors considered by the 2 33 department when approving or disapproving an application to 2 34 construct the confinement feeding operation. 2 35 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 3 1 importance, takes effect upon enactment. 3 2 EXPLANATION 3 3 The inclusion of this explanation does not constitute agreement with 3 4 the explanation's substance by the members of the general assembly. 3 5 This bill in part amends provisions in Code chapter 459 3 6 which authorize the department of natural resources to regulate 3 7 confinement feeding operations, including by issuing permits 3 8 for the construction or expansion of structures associated with 3 9 a confinement feeding operation (e.g., a building or manure 3 10 storage structure). 3 11 The bill provides that a county may adopt a special 3 12 confinement feeding operations ordinance which allows a county 3 13 board of supervisors to regulate the siting and operation 3 14 of the confinement feeding operation, which may including 3 15 approving the site where the construction is to occur. The 3 16 ordinance may include provisions that are more restrictive 3 17 than otherwise provided under state law. The board may place 3 18 conditions on site approval if the conditions relate to the 3 19 construction or operation of the confinement feeding operation 3 20 or to manure application. 3 21 The bill provides that the county may adopt the ordinance 3 22 notwithstanding provisions in Code section 331.304A which 3 23 prohibits a county from adopting legislation that regulates 3 24 animal agriculture and Code section 335.2 which prohibits a 3 25 county from adopting an ordinance that provides for the zoning 3 26 of farm structures. 3 27 The bill would take effect upon enactment. LSB 5415XS (3) 87 da/rn
