House File 2081 - Introduced HOUSE FILE 2081 BY STECKMAN , HUNTER , LENSING , WINCKLER , KURTH , STAED , MASCHER , KRESSIG , JACOBY , ISENHART , OLDSON , BENNETT , KACENA , MEYER , T. TAYLOR , ANDERSON , GASKILL , and WOLFE A BILL FOR An Act establishing an advisory committee to evaluate the use 1 and value of the master matrix when approving a permit to 2 construct a confinement feeding operation structure, and 3 including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5215YH (2) 87 da/rn

H.F. 2081 Section 1. MASTER MATRIX EVALUATION ADVISORY COMMITTEE. 1 1. A master matrix advisory committee is established to 2 evaluate the use and value of the master matrix adopted by the 3 department of natural resources pursuant to section 459.305 and 4 the extent to which the process of evaluating and approving 5 or disapproving the construction of a confinement feeding 6 operation structure by the department of natural resources may 7 be improved. 8 2. The advisory committee shall be composed of seventeen 9 voting members, including all of the following: 10 a. The director of the department of natural resources or a 11 designee of the director. 12 b. The secretary of agriculture or a designee of the 13 secretary. 14 c. The director of the Iowa department of public health, or 15 the director’s designee. 16 d. A representative of the Iowa environmental council. 17 e. A representative of the Iowa natural heritage 18 foundation. 19 f. A representative of the Iowa state association of 20 counties. 21 g. A representative of the Iowa league of cities. 22 h. A representative of the Iowa public health association. 23 i. A representative of the Iowa association of municipal 24 utilities. 25 j. A representative of the Iowa citizens for community 26 improvement. 27 k. A representative of the Iowa farmers union. 28 l. A representative of the Iowa pork producers association. 29 m. A representative of the Iowa cattlemen’s association. 30 n. A representative of the Iowa poultry association. 31 o. A representative of the Iowa corn growers association. 32 p. A representative of the Iowa soybean association. 33 q. A representative of the Iowa farm bureau federation. 34 3. The advisory committee shall also include four members 35 -1- LSB 5215YH (2) 87 da/rn 1/ 6

H.F. 2081 of the general assembly appointed to serve in an ex officio, 1 nonvoting capacity. The legislative members shall be selected, 2 one member each, by the majority leader of the senate, the 3 minority leader of the senate, the speaker of the house of 4 representatives, and the minority leader of the house of 5 representatives. 6 4. The department of natural resources shall provide 7 administrative support to the committee. The attorney general 8 shall appoint an assistant attorney general to provide the 9 advisory committee with legal counsel and assistance. The 10 president of Iowa state university of science and technology 11 shall appoint a person to provide the advisory committee with 12 technical advice and assistance. 13 5. The director of the department of natural resources 14 or the director’s designee shall serve as the advisory 15 committee’s chairperson. The advisory committee may elect a 16 vice-chairperson. A majority of the voting members of the 17 advisory committee constitutes a quorum. Any substantive 18 action taken by the advisory committee must be adopted by the 19 affirmative vote of a majority of its voting membership. A 20 lesser number of voting members may adjourn a meeting. 21 6. Voting members of the advisory committee, other than 22 state employees, are entitled to be reimbursed for actual 23 expenses necessarily incurred in the discharge of their 24 duties as members of the advisory committee. The expenses 25 shall be paid to the advisory committee members from moneys 26 appropriated to the department of natural resources. Voting 27 members of the advisory committee, other than state employees, 28 are eligible to receive compensation as provided in section 29 7E.6. A legislative member is eligible to receive a per diem 30 and expenses as provided in section 2.10. 31 7. The advisory committee shall consider all of the 32 following in evaluating the use of the master matrix: 33 a. The extent to which the master matrix is designed for 34 use by county boards of supervisors in making decisions for the 35 -2- LSB 5215YH (2) 87 da/rn 2/ 6

H.F. 2081 public interest. 1 b. The use and value of different subcategories of criteria 2 in the master matrix used to score an application, including 3 the impact of a proposed construction on water quality, air 4 quality, and community, as well as public health, secondary 5 road systems, and public utilities. The advisory committee 6 shall evaluate the necessity of retaining existing criteria or 7 adding new criteria. 8 c. The manner in which criteria is scored, including the use 9 of a positive and negative point system, and the calculation of 10 a minimum threshold score to receive a satisfactory rating. 11 8. The advisory committee shall determine the extent 12 to which the process of approving applications for the 13 construction of confinement feeding operation structures, 14 including the siting of such structures and the use of manure 15 management practices, may be improved. The advisory committee 16 shall consider the functions of cities and counties in this 17 process and the limitations imposed on county boards of 18 supervisors to make decisions regulating the construction and 19 management of confinement feeding operations under section 20 331.304A. 21 9. The advisory committee may conduct hearings throughout 22 the state to receive public comments. The committee shall 23 conduct surveys of county boards of supervisors throughout the 24 state. All hearings and meetings of the advisory committee 25 shall be open to the public. 26 10. The advisory committee shall prepare and submit a 27 report to the governor and general assembly not later than 28 December 14, 2018. The report shall include the findings 29 and recommendations of the advisory committee, including 30 proposed legislation for consideration by the eighty-eighth 31 general assembly and a proposed notice of intended action for 32 the adoption of rules for consideration by the environmental 33 protection commission. The committee shall discontinue its 34 functions on that date. 35 -3- LSB 5215YH (2) 87 da/rn 3/ 6

H.F. 2081 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 1 immediate importance, takes effect upon enactment. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 BILL’S PROVISIONS —— ESTABLISHMENT OF A MASTER MATRIX 6 ADVISORY COMMITTEE. This bill establishes a master matrix 7 advisory committee to evaluate the use and value of the 8 department of natural resource’s master matrix and the process 9 of evaluating and approving or disapproving applications to 10 establish or expand confinement feeding operations. 11 BILL’S PROVISIONS —— COMPOSITION OF COMMITTEE MEMBERSHIP AND 12 PROCEDURES. The advisory committee is to be composed of (1) 13 members of state agencies regulating environmental protection, 14 agriculture, and public health; (2) representatives of private 15 organizations interested in the environment, natural resources, 16 agricultural practices, the interests of counties and cities, 17 public health, and utilities; and (3) representatives of 18 private organizations associated with agricultural commodity 19 production which includes both crops (corn and soybeans) and 20 animal agriculturals (swine, cattle, and poultry). The bill 21 includes four members of the general assembly as ex officio, 22 nonvoting members. The advisory committee is to be staffed 23 by departmental employees, an assistant attorney general, and 24 a person appointed by Iowa state university of science and 25 technology. The bill provides procedures for the operation 26 of the advisory committee, including the designation of a 27 chairperson, quorum and voting requirements, and compensation. 28 BILL’S PROVISIONS —— DUTIES. The advisory committee 29 is required to consider the use and value of different 30 subcategories of criteria in the master matrix used to score an 31 application, and the manner in which criteria is scored. The 32 advisory committee is also required to determine the extent to 33 which the process of approving the construction of confinement 34 feeding operation structures may be improved and statutory 35 -4- LSB 5215YH (2) 87 da/rn 4/ 6

H.F. 2081 limitations imposed upon counties to regulate confinement 1 feeding operations. The advisory committee may conduct 2 hearings throughout the state and conduct surveys of county 3 boards of supervisors. The advisory committee must prepare and 4 submit a report to the governor and general assembly not later 5 than December 14, 2018. The report must include the advisory 6 committee’s findings and recommendations, including proposed 7 legislation and rulemaking documents. The bill takes effect 8 upon enactment. 9 BACKGROUND —— TERMS. A confinement feeding operation 10 structure is a type of animal feeding operation that includes 11 a building to house agricultural animals and a structure used 12 to store manure or in the case of layer operations a structure 13 used to store washwater. A confinement feeding operation 14 refers to a place where agricultural animals are confined and 15 fed in totally roofed buildings for 45 days or more in any 16 12-month period. 17 BACKGROUND —— MASTER MATRIX. The master matrix refers 18 to a form completed by a person applying for a construction 19 permit. The applicant is awarded points based on an agreement 20 to construct the confinement feeding operation structure or 21 use manure management practices in a manner that exceeds 22 specific state law requirements. The master matrix includes 23 three subcategories which value impacts on air, water, and 24 community. An applicant must obtain a minimum overall score 25 of 440 out of 880 points and a score of 25 percent of available 26 points in each of the three subcategories. A county board of 27 supervisors which adopts a construction evaluation resolution 28 may evaluate the application and matrix and submit comments to 29 the department of natural resources (Code section 459.304), 30 which decides whether to approve or disapprove the application 31 (Code section 459.303). A county is statutorily preempted 32 from approving, denying, or imposing conditions upon the 33 construction of a confinement feeding operation structure or 34 the management of manure originating from the operation (Code 35 -5- LSB 5215YH (2) 87 da/rn 5/ 6