Senate File 2279 - Introduced SENATE FILE 2279 BY D. JOHNSON A BILL FOR An Act relating to confinement feeding operations, by providing 1 for the use of the master matrix when approving a permit to 2 construct a confinement feeding operation structure, and 3 including effective date and applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5218XS (2) 87 da/rn

S.F. 2279 Section 1. Section 459.304, subsection 3, paragraph b, Code 1 2018, is amended to read as follows: 2 b. The board must conduct an evaluation of the application 3 using the master matrix as provided in section 459.305 . The 4 board shall compile and analyze the results of the comments in 5 order to complete its evaluation and make a recommendation. 6 The board’s recommendation may be based on the master matrix 7 or may be based on comments under as described in this section 8 regardless of the results of the master matrix. 9 Sec. 2. Section 459.305, subsection 2, Code 2018, is amended 10 to read as follows: 11 2. a. The master matrix shall include criteria valuing 12 environmental and community impacts for use by county boards 13 of supervisors and the department. The master matrix shall 14 also include good neighbor criteria valuing items provided in 15 an ordinance if adopted by a county board of supervisors. The 16 master matrix shall include definite point selections for all 17 criteria provided in the master matrix. The master matrix 18 shall provide only for scoring of positive points and shall 19 not provide for deduction of adding and deducting points. The 20 master matrix shall provide for a minimum threshold score 21 required to receive a satisfactory rating. The master matrix 22 shall be structured to ensure that it feasibly provides for a 23 satisfactory rating. 24 b. Criteria The master matrix shall include criteria 25 valuing environmental impacts which shall account for animal 26 agriculture’s relationship to quality of the environment and 27 the conservation of natural resources, and may include factors 28 that refer to all of the following: 29 a. (1) Topography. 30 b. (2) Surface water drainage characteristics. 31 c. (3) The suitability of the soils and the hydrology or 32 hydrogeology of the site. 33 d. (4) The proximity to public use areas and critical 34 public areas. 35 -1- LSB 5218XS (2) 87 da/rn 1/ 3

S.F. 2279 e. (5) The proximity to water sources, including 1 high-quality water resources. 2 c. If the master matrix includes good neighbor criteria, 3 the criteria’s factors and values shall be assigned by county 4 ordinance. The factors and assigned values shall be consistent 5 with factors and assigned values assigned to the other 6 criteria. The criteria may relate to any of following: 7 (1) The separation distance from the proposed confinement 8 feeding operation structure and the nearest residence. 9 (2) The extent that the proposed construction site may 10 not be suited for the type of confinement feeding operation 11 structure proposed. 12 (3) Whether at least one project manager actively involved 13 in making all major decisions regarding the siting and 14 construction of the proposed confinement feeding operation 15 structure attends and participates in a public hearing 16 concerning the permit application as provided in section 17 459.304. 18 (4) Whether the proposed construction of a confinement 19 feeding operation could reasonably affect the use of any of the 20 following: 21 (a) A public use area or recreational area. 22 (b) The quality of any water source used as a source for 23 drinking water. 24 (5) Whether the proposed construction of a confinement 25 feeding operation structure could reasonably affect the 26 physical health of neighboring residents. 27 Sec. 3. APPLICABILITY —— PENDING APPLICATIONS. The 28 amendments to sections 459.304 and 459.305 in this Act shall 29 not apply to an application to construct, including expand, 30 a confinement feeding operation structure as provided in 31 section 459.303 that is pending approval or disapproval by the 32 department immediately prior to the effective date of this Act. 33 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 34 importance, takes effect upon enactment. 35 -2- LSB 5218XS (2) 87 da/rn 2/ 3

S.F. 2279 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill amends the “Animal Agriculture Compliance Act” 4 (Code chapter 459) which generally regulates confinement 5 feeding operations including associated confinement feeding 6 operation structures by the department of natural resources. 7 The bill amends provisions requiring that an application 8 to construct or expand a structure must be evaluated by a 9 participating board of supervisors in the county where the 10 structure is to be located. The evaluation process includes 11 the scoring of criteria that is part of a master matrix. The 12 bill revises the types of criteria that must be included in the 13 master matrix. 14 The bill provides that a board may add good neighbor 15 criteria that includes a number of factors and assigned values 16 established by ordinance. The criteria may relate to the 17 proposed structure’s distance from a residence, the suitability 18 of the proposed site for construction, a project manager’s 19 participation in a public hearing concerning the permit 20 application, and the extent that the proposed construction 21 could reasonably affect the use of a public use or recreation 22 area, a source of drinking water, or the health of neighboring 23 residents. 24 The bill’s provisions do not apply to an application that is 25 pending approval or disapproval by the department immediately 26 prior to the effective date of the bill. 27 The bill would take effect upon enactment. 28 -3- LSB 5218XS (2) 87 da/rn 3/ 3