SF 2011 (LSB 5402XS (4) 87)

SENATE FILE 2011

BY  D. JOHNSON

A BILL FOR

An Act relating to applications to construct confinement feeding operation structures, including by requiring a notice be delivered to certain persons regarding the construction, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 459.303, subsection 3, Code 2018, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  e.  A brief summary of the application completed on a form prepared by the department in consultation with the Iowa state association of counties. The completed form shall at least include all of the following:
   (1)  The name and mailing address of the applicant.
   (2)  The type of animal to be maintained at the confinement feeding operation classified by animal unit, if all proposed confinement feeding operation structures were constructed.
   (3)  The maximum number of animals and the maximum number of animal units to be maintained at the confinement feeding operation, if all proposed confinement feeding operation structures were constructed.
   (4)  A brief description of the location, type, and size of each confinement feeding operation structure proposed to be constructed.
   NEW PARAGRAPH.  f.  A list containing the name and last known mailing address of each person holding legal title to land located within two miles of the confinement feeding operation structure proposed to be constructed. The names and mailing addresses may be the same as those shown in the records of the county auditor of the county located within two miles of the confinement feeding operation structure proposed to be constructed.
    Sec. 2.  Section 459.304, subsection 1, Code 2018, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  The county board of supervisors shall send the brief summary of the application as described in section 459.303 to each person holding legal title to land located within two miles of the confinement feeding operation structure proposed to be constructed as provided in the application. The county board of supervisors may include with the summary the time and place of a public hearing regarding the application as provided in this section.
    Sec. 3.  Section 459.304, subsection 2, paragraph a, subparagraph (2), Code 2018, is amended by striking the subparagraph and inserting in lieu thereof the following:
   (2)  The notice shall include all of the following:
   (a)  The information contained in the brief summary of the application as described in section 459.303.
   (b)  The time when and the place where the application may be examined as provided in section 22.2.
   (c)  The time and place of the public hearing, if any.
   (d)  Procedures for providing public comments to the board as provided by the board.
    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BILL’S SUBSTANTIVE PROVISIONS. This bill amends Code chapter 459, the “Animal Agriculture Compliance Act” (Code chapter 459) by requiring that a county board of supervisors (board) send a notice to certain landowners that a permit application has been filed with the department of natural resources (DNR) proposing to construct a confinement feeding operation structure (structure) which is part of a proposed or existing confinement feeding operation sometimes referred to as a concentrated animal feeding operation (CAFO). The notice must be sent by certified or ordinary mail to each neighbor holding legal title to land located within two miles from the location of the proposed construction site. An application must include a brief summary of information regarding the proposal, which must at least state: (1) the identity of the applicant, (2) the type and numbers of animals to be confined at the CAFO if each proposed structure were constructed, and (3) the location, type, and size of each structure proposed to be constructed. The notice must include the summary and may also state time and place of a public hearing regarding the application conducted by the board. The bill provides that the same information must be included in the notice of a public hearing.
   BACKGROUND —— DNR PERMIT REQUIREMENTS. DNR is required to approve or disapprove a permit to construct (including expand) structures (Code section 459.303). DNR must disapprove an application that does not satisfy the requirements of the Code chapter. A permit is required if after constructing all such structures, a CAFO would have an animal unit capacity of at least 1,000 animal units (AUs) or the proposed structure is an unformed manure storage structure. A special exemption applies to a CAFO owned by a research college (Code section 459.303). As part of the process, the permit application must be filed with DNR and the board in the county where the construction is to occur. The board may hold a public hearing to receive public comments regarding the application and forward its comments and public comments to DNR prior to the agency’s decision to approve or disapprove the application. The board is required to publish a notice of a scheduled public hearing in a newspaper having a general circulation in the county. The notice must provide relevant information about the applicant, the proposed construction, and the time and place of the public hearing.
   BACKGROUND —— TERMS. Code chapter 459 includes a number of defined terms (Code section 459.102). An animal feeding operation refers to any area in which animals are confined and fed and maintained for 45 days or more in any 12-month period. A CAFO is a type of animal feeding operation that includes a totally roofed building where confined animals are maintained (as compared to an open feedlot). Confined animals are limited to cattle, swine, horses, sheep, chickens, turkeys, or fish. A CAFO’s structure includes a building, egg washwater storage structure, or one of two types of manure storage structures, formed or unformed. A formed structure has walls and a floor all constructed of durable materials such as concrete (as compared to an unformed structure such as an earthen impoundment). A CAFO’s size is determined by calculating its AU capacity. A special equivalency factor is assigned for each classification of confined animal. For example, each butcher or breeding swine weighing more than 55 pounds has an equivalency factor of 0.4 AUs (Code section 459.102). The permit requirement threshold of 1,000 AUs means that a permit would be required if after construction the CAFO would have an AU capacity of 2,500 of such swine (1,000 ÷ 0.4 = 2,500).
   BILL’S EFFECTIVE DATE. The bill takes effect upon enactment.