House Study Bill 168 HOUSE FILE BY (PROPOSED COMMITTEE ON ENVIRONMENTAL PROTECTION BILL BY CHAIRPERSON OLSON) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for public comment regarding an application to 2 construct a confinement feeding operation structure. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2168HC 83 5 da/nh/14 PAG LIN 1 1 Section 1. Section 459.304, subsection 2, unnumbered 1 2 paragraph 1, Code 2009, is amended to read as follows: 1 3 Regardless of whether the county board of supervisors has 1 4 adopted a construction evaluation resolution, the countymay1 5 shall provide comment to the department on a construction 1 6 permit application for a confinement feeding operation 1 7 structure. 1 8 Sec. 2. Section 459.304, subsection 2, paragraph b, 1 9 unnumbered paragraph 1, Code 2009, is amended to read as 1 10 follows: 1 11 The county boardmayof supervisors shall hold a public 1 12 hearing to receive public comments regarding the application. 1 13 The county board of supervisors may submit comments by the 1 14 board and shall submit comments presented at the public 1 15 hearing to the department as provided in this section, 1 16 including but not limited to all of the following: 1 17 EXPLANATION 1 18 This bill amends Code section 459.304 which allows a county 1 19 board of supervisors to review an application to construct a 1 20 confinement feeding operation structure (a confinement 1 21 building or manure storage structure) and comment upon it to 1 22 the department of natural resources before the department 1 23 determines whether to issue the applicant a construction 1 24 permit. As part of the review process, the board may hold a 1 25 public hearing concerning the application. The bill requires 1 26 the board to conduct the public hearing and submit comments 1 27 presented there to the department. 1 28 The types of comments presented at a public hearing may 1 29 include but are not limited to the existence of an object or 1 30 location that are in proximity to the construction site, the 1 31 suitability of soils and the hydrology of the construction 1 32 site, the availability of land for manure application, and 1 33 whether construction will impede drainage systems. 1 34 LSB 2168HC 83 1 35 da/nh/14