HF 407 (LSB 2346YH (4) 86)

HOUSE FILE 407

BY  KLEIN

A BILL FOR

An Act relating to animal feeding operations, by providing that a county may elect not to accept or retain certain documents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 459.302, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  a.  A county board of supervisors may adopt a document retention resolution that provides that the county is not required to accept the submission of a document or serve as the custodian of filed documents. The resolution shall apply to any of the following:
   (1)  Applications and supporting materials for permits to construct confinement feeding operation structures as provided in sections 459.303 and 459.304.
   (2)  Manure management plans as provided in section 459.312.
   b.  The board shall submit the resolution to the department and the department shall file the resolution if the resolution meets the requirements of paragraph “a” regardless of whether the department has filed a construction evaluation resolution pursuant to section 459.303. The board submitting a document retention resolution may destroy any archived document covered by the resolution on or after the date that the resolution is filed by the department.
   c.  If a document covered by a document retention resolution filed with the department is not available to the board on the department’s internet site, the department, upon request by the board, shall transmit the document to the board. The county auditor or other county officer may request or accept the document on behalf of the board.
   d.  This subsection does not enlarge or restrict a duty or power of a county board of supervisors as provided in this chapter other than allowing for an election by such a board not to perform a ministerial function.
    Sec. 2.  Section 459.303, subsection 2, Code 2015, is amended to read as follows:
   2.  The department shall issue a construction permit upon approval of an application. The department shall approve the application if the application is submitted to the county board of supervisors in the county where the proposed confinement feeding operation structure is to be located as required pursuant to section 459.304, and the application meets the requirements of this chapter.  However, a board that files a document retention resolution with the department as provided in section 459.302 is not required to accept an application. If a county submits an approved recommendation pursuant to a construction evaluation resolution filed with the department, the application must also achieve a satisfactory rating produced by the master matrix used by the board or department under section 459.304. The department shall approve the application regardless of whether the applicant is required to be issued a construction permit.
    Sec. 3.  Section 459.304, subsection 1, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  Notwithstanding paragraphs “a” and “b”, a board that files a document retention resolution with the department as provided in section 459.302 is not required to accept an application.
    Sec. 4.  Section 459.312, subsection 4, paragraph b, Code 2015, is amended to read as follows:
   b.  The manure management plan shall be filed with the county board of supervisors. The county auditor or other county officer may accept the manure management plan on behalf of the board.  However, a county board of supervisors that files a document retention resolution with the department as provided in section 459.302 is not required to accept a manure management plan.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides that a county board of supervisors may elect not to accept certain documents related to the regulation of animal feeding operations, and specifically confinement feeding operations under the “Animal Agriculture Compliance Act” (Code chapter 459). Generally, the Code chapter is administered and enforced by the department of natural resources. The bill allows a county board of supervisors to adopt a resolution to forego receiving an application or related materials for a permit to construct a confinement feeding operation structure (Code section 459.303 or 459.304) or a manure management plan governing the storage and application of manure from a confinement feeding operation (Code section 459.312). The board may request the department to transmit the document to the county if it is not available on the department’s internet site.