Bill Text: IA SF2279 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to confinement feeding operations, by providing for the use of the master matrix when approving a permit to construct a confinement feeding operation structure, and including effective date and applicability provisions.

Spectrum: Partisan Bill (Independent 1-0)

Status: (Introduced - Dead) 2018-02-15 - Subcommittee: Rozenboom, Segebart, and Taylor. S.J. 332. [SF2279 Detail]

Download: Iowa-2017-SF2279-Introduced.html

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Senate File 2279 - Introduced




                                 SENATE FILE       
                                 BY  D. JOHNSON

                                      A BILL FOR

  1 An Act relating to confinement feeding operations, by providing
  2    for the use of the master matrix when approving a permit to
  3    construct a confinement feeding operation structure, and
  4    including effective date and applicability provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 459.304, subsection 3, paragraph b, Code
  1  2 2018, is amended to read as follows:
  1  3    b.  The board must conduct an evaluation of the application
  1  4 using the master matrix as provided in section 459.305.  The
  1  5 board shall compile and analyze the results of the comments in
  1  6 order to complete its evaluation and make a recommendation.
  1  7  The board's recommendation may be based on the master matrix
  1  8 or may be based on comments under as described in this section
  1  9 regardless of the results of the master matrix.
  1 10    Sec. 2.  Section 459.305, subsection 2, Code 2018, is amended
  1 11 to read as follows:
  1 12    2.  a.  The master matrix shall include criteria valuing
  1 13 environmental and community impacts for use by county boards
  1 14 of supervisors and the department.  The master matrix shall
  1 15 also include good neighbor criteria valuing items provided in
  1 16 an ordinance if adopted by a county board of supervisors. The
  1 17 master matrix shall include definite point selections for all
  1 18 criteria provided in the master matrix. The master matrix
  1 19 shall provide only for scoring of positive points and shall
  1 20 not provide for deduction of adding and deducting points. The
  1 21 master matrix shall provide for a minimum threshold score
  1 22 required to receive a satisfactory rating. The master matrix
  1 23 shall be structured to ensure that it feasibly provides for a
  1 24 satisfactory rating.
  1 25    b.  Criteria The master matrix shall include criteria
  1 26  valuing environmental impacts which shall account for animal
  1 27 agriculture's relationship to quality of the environment and
  1 28 the conservation of natural resources, and may include factors
  1 29 that refer to all of the following:
  1 30    a.  (1)  Topography.
  1 31    b.  (2)  Surface water drainage characteristics.
  1 32    c.  (3)  The suitability of the soils and the hydrology or
  1 33 hydrogeology of the site.
  1 34    d.  (4)  The proximity to public use areas and critical
  1 35 public areas.
  2  1    e.  (5)  The proximity to water sources, including
  2  2 high=quality water resources.
  2  3    c.  If the master matrix includes good neighbor criteria,
  2  4 the criteria's factors and values shall be assigned by county
  2  5 ordinance.  The factors and assigned values shall be consistent
  2  6 with factors and assigned values assigned to the other
  2  7 criteria.  The criteria may relate to any of following:
  2  8    (1)  The separation distance from the proposed confinement
  2  9 feeding operation structure and the nearest residence.
  2 10    (2)  The extent that the proposed construction site may
  2 11 not be suited for the type of confinement feeding operation
  2 12 structure proposed.
  2 13    (3)  Whether at least one project manager actively involved
  2 14 in making all major decisions regarding the siting and
  2 15 construction of the proposed confinement feeding operation
  2 16 structure attends and participates in a public hearing
  2 17 concerning the permit application as provided in section
  2 18 459.304.
  2 19    (4)  Whether the proposed construction of a confinement
  2 20 feeding operation could reasonably affect the use of any of the
  2 21 following:
  2 22    (a)  A public use area or recreational area.
  2 23    (b)  The quality of any water source used as a source for
  2 24 drinking water.
  2 25    (5)  Whether the proposed construction of a confinement
  2 26 feeding operation structure could reasonably affect the
  2 27 physical health of neighboring residents.
  2 28    Sec. 3.  APPLICABILITY ==== PENDING APPLICATIONS.  The
  2 29 amendments to sections 459.304 and 459.305 in this Act shall
  2 30 not apply to an application to construct, including expand,
  2 31 a confinement feeding operation structure as provided in
  2 32 section 459.303 that is pending approval or disapproval by the
  2 33 department immediately prior to the effective date of this Act.
  2 34    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of immediate
  2 35 importance, takes effect upon enactment.
  3  1                           EXPLANATION
  3  2 The inclusion of this explanation does not constitute agreement with
  3  3 the explanation's substance by the members of the general assembly.
  3  4    This bill amends the "Animal Agriculture Compliance Act"
  3  5 (Code chapter 459) which generally regulates confinement
  3  6 feeding operations including associated confinement feeding
  3  7 operation structures by the department of natural resources.
  3  8 The bill amends provisions requiring that an application
  3  9 to construct or expand a structure must be evaluated by a
  3 10 participating board of supervisors in the county where the
  3 11 structure is to be located. The evaluation process includes
  3 12 the scoring of criteria that is part of a master matrix. The
  3 13 bill revises the types of criteria that must be included in the
  3 14 master matrix.
  3 15    The bill provides that a board may add good neighbor
  3 16 criteria that includes a number of factors and assigned values
  3 17 established by ordinance.  The criteria may relate to the
  3 18 proposed structure's distance from a residence, the suitability
  3 19 of the proposed site for construction, a project manager's
  3 20 participation in a public hearing concerning the permit
  3 21 application, and the extent that the proposed construction
  3 22 could reasonably affect the use of a public use or recreation
  3 23 area, a source of drinking water, or the health of neighboring
  3 24 residents.
  3 25    The bill's provisions do not apply to an application that is
  3 26 pending approval or disapproval by the department immediately
  3 27 prior to the effective date of the bill.
  3 28    The bill would take effect upon enactment.
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