Text: H05630 Text: H05632 Text: H05600 - H05699 Text: H Index Bills and Amendments: General Index Bill History: General Index
Get Version To Print
This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.
PAG LIN 1 1 Amend the amendment, H-5482, to Senate File 2446, 1 2 as amended, passed, and reprinted by the Senate, as 1 3 follows: 1 4 #1. Page 15, by inserting before line 20 the 1 5 following: 1 6 "Sec. . NEW SECTION. 331.309 CONFINEMENT 1 7 FEEDING OPERATIONS – SITING ORDINANCE. 1 8 1. As used in this section: 1 9 a. "Animal feeding operation structure" means the 1 10 same as defined in section 455B.161. 1 11 b. "Animal weight capacity" means the same as 1 12 defined in section 455B.161. 1 13 c. "Confinement feeding operation" means the same 1 14 as defined in section 455B.161. 1 15 2. a. Notwithstanding section 335.2, a county may 1 16 adopt a confinement feeding operations siting 1 17 ordinance, pursuant to section 331.302. The purpose 1 18 of the ordinance shall be to approve the siting of a 1 19 confinement feeding operation regardless of whether 1 20 the county has adopted an ordinance under chapter 335 1 21 or regardless of the classification of the confinement 1 22 feeding operation. The ordinance shall provide 1 23 authority to a county to approve the site of the 1 24 construction or expansion of a confinement feeding 1 25 operation, including confinement feeding operation 1 26 buildings and related animal feeding operation 1 27 structures in order to preserve and protect natural 1 28 resources, including water sources and fragile 1 29 environmental locations; lessen congestion and 1 30 overcrowding of confinement feeding operations, 1 31 especially near cities; and to protect the health and 1 32 welfare of the public. 1 33 b. The ordinance shall provide for a method and 1 34 procedure required to approve the site. In 1 35 administering the ordinance, the county shall 1 36 establish a confinement feeding operations siting 1 37 commission which shall review each proposal for the 1 38 construction or expansion of a confinement feeding 1 39 operation, and recommend to the county board of 1 40 supervisors that the board approve or disapprove the 1 41 proposal. The board shall appoint five members of the 1 42 commission. Four members shall not reside in a city, 1 43 and one member shall reside in a city. At least three 1 44 members shall be or have been actively engaged in 1 45 animal agriculture. The commission shall make its 1 46 recommendation to the board within forty-five days 1 47 from the date that the board receives a complete 1 48 proposal. The board shall approve or disapprove a 1 49 proposal within forty-five days from the date that the 1 50 board receives the commission's recommendation. 2 1 c. A confinement feeding operations siting 2 2 ordinance shall not apply to a confinement feeding 2 3 operation, if either of the following apply: 2 4 (1) Only bovine or poultry are confined in the 2 5 confinement feeding operation. 2 6 (2) The confinement feeding operation has an 2 7 animal weight capacity of less than three hundred 2 8 thousand pounds. 2 9 Sec. . Section 335.2, Code 1995, is amended to 2 10 read as follows: 2 11 335.2FARMSAGRICULTURAL USES EXEMPT. 2 12 1. As used in this section: 2 13 a. "Animal feeding operation" means a lot, yard, 2 14 corral, building, or other area in which animals are 2 15 confined and fed and maintained for forty-five days or 2 16 more in any twelve-month period, and all structures 2 17 used for the storage of manure from animals in the 2 18 operation. Two or more animal feeding operations 2 19 under common ownership or management are deemed to be 2 20 a single animal feeding operation if they are adjacent 2 21 or utilize a common system for manure storage. An 2 22 animal feeding operation does not include a livestock 2 23 market. 2 24 b. "Agricultural purpose" means any use connected 2 25 or related to farming. 2 26 c. "Farm animal feeding operation" means an animal 2 27 feeding operation other than an industrial feeding 2 28 operation. 2 29 d. "Farming" means the same as defined in section 2 30 9H.1. 2 31 e. "Industrial feeding operation structure" means 2 32 an animal feeding operation structure as defined in 2 33 section 455B.161 which is part of an industrial 2 34 feeding operation. 2 35 f. "Partially zoned county" means an unzoned 2 36 county in which is established an agricultural area 2 37 pursuant to section 352.6 or an area subject to zoning 2 38 pursuant to this chapter, if the county has not 2 39 adopted countywide zoning pursuant to chapter 335. 2 40 g. "Production inputs" means feed, supplies, and 2 41 veterinary medicine used to feed or breed livestock, 2 42 but does not include labor, construction materials, 2 43 equipment, or tools. 2 44 h. "Unzoned county" means a county which has not 2 45 adopted zoning pursuant to this chapter, if no part of 2 46 the county is subject to partial zoning. 2 47 i. "Zoned county" means a county which has adopted 2 48 zoning on a countywide basis as provided in this 2 49 chapter. 2 50 2. As used in this section, "industrial feeding 3 1 operation" means an animal feeding operation, if the 3 2 operation contains six hundred twenty-five thousand or 3 3 more pounds animal weight capacity for all animal 3 4 species other than beef cattle, or one million six 3 5 hundred thousand or more pounds animal weight capacity 3 6 for beef cattle, or fails to meet one of the following 3 7 criteria: 3 8 a. The owner of the agricultural land where an 3 9 animal feeding operation is located is qualified to 3 10 file for a homestead tax credit as provided pursuant 3 11 to section 425.2 or a family farm tax credit as 3 12 provided in section 425A.4 in the county where the 3 13 agricultural land is located. However, if the owner 3 14 of the agricultural land is a business entity all of 3 15 the following apply: 3 16 (1) One of the following persons must be eligible 3 17 to file: 3 18 (a) If the person is filing for a homestead tax 3 19 credit, one of the following persons must be eligible 3 20 to file: 3 21 (i) If the owner is a corporation, the majority 3 22 shareholder of the corporation. 3 23 (ii) If the owner is a partnership, any partner. 3 24 (iii) If the owner is a limited liability company, 3 25 the person holding the greatest membership interest in 3 26 the limited liability company. 3 27 (iv) If the owner is a limited partnership, the 3 28 person contributing the most value to the limited 3 29 partnership. 3 30 (v) If the owner is a trust, the beneficiary 3 31 having the greatest interest in the trust. 3 32 (b) If the person is filing for a family farm tax 3 33 credit one of the following persons must be eligible 3 34 to file: 3 35 (i) If the owner is a corporation, the majority 3 36 shareholder of the corporation. 3 37 (ii) If the owner is a partnership, any partner. 3 38 b. At least forty percent of the interest in the 3 39 business entity must be held by persons related to 3 40 each other as spouse, parent, grandparent, lineal 3 41 ascendants of grandparents or their spouses, or lineal 3 42 descendants of the grandparents or their spouses, or 3 43 persons acting in a fiduciary capacity to persons so 3 44 related. 3 45 c. More than fifty percent of the production 3 46 inputs used to maintain livestock on the agricultural 3 47 land are purchased within sixty miles from the borders 3 48 of the agricultural land where the livestock operation 3 49 is located. 3 50 d. The operation cannot have benefited from any of 4 1 the following: 4 2 (1) The job training partnership program and other 4 3 programs administered under section 15.108. 4 4 (2) The community economic betterment program 4 5 created in sections 15.315 through 15.320. 4 6 (3) The self-employment loan program created in 4 7 section 15.241. 4 8 (4) The targeted small business financial 4 9 assistance program created in section 15.247. 4 10 (5) An agreement for a supplemental new jobs tax 4 11 credit as provided in section 15.331. 4 12 (6) The industrial new jobs training program as 4 13 provided in chapter 260E. 4 14 (7) The small business new jobs training program 4 15 as provided in chapter 260F. 4 16 (8) An economic development area established 4 17 pursuant to chapter 403. 4 18 For purposes of reimbursing a county that has 4 19 acquired real estate containing an industrial feeding 4 20 operation structure following nonpayment of taxes 4 21 pursuant to section 446.19, all shareholders of any 4 22 corporation, partners of a partnership, members of a 4 23 limited liability company, limited partners of any 4 24 limited partnership, or beneficiaries of any trust 4 25 shall be liable for the entire costs of remediating 4 26 the site, as if they owned the industrial feeding 4 27 operation personally, regardless of the amount of 4 28 interest that is held in the entity. 4 29 3.Except to the extent required to implement4 30section 335.27, noAn ordinance adopted under this 4 31 chapterappliesshall apply to land,farmincluding 4 32 houses,farmbarns,farmoutbuildings or other 4 33 buildings or structures located on the land, whichare4 34 is primarily adapted, by reason of nature and area, 4 35for usefor an agriculturalpurposespurpose, while so 4 36 used, only as provided in this section.However, the4 37ordinances may apply to anyThe ordinance shall not 4 38 apply to the land, unless an industrial feeding 4 39 operation is located on the land. If an industrial 4 40 feeding operation is located on the land, the 4 41 ordinance shall only apply to the site of the 4 42 industrial feeding operation as provided in this 4 43 section and not land where other farming operations 4 44 occur. The following shall apply to the site of a 4 45 farm animal feeding operation constructed on or after 4 46 the effective date of this Act, regardless of whether 4 47 the county has adopted an ordinance under this 4 48 chapter: 4 49 a. A farm animal feeding operation may be located 4 50 anywhere in a county other than within the corporate 5 1 limits of a city. A farm animal feeding operation may 5 2 be located in an unzoned, partially zoned, or zoned 5 3 county. An ordinance adopted under this chapter shall 5 4 not apply to the farm animal feeding operation. 5 5 b. An industrial feeding operation shall not be 5 6 located within the corporate limits of a city. An 5 7 industrial feeding operation shall not be located in 5 8 an unzoned county, the unzoned portion of a partially 5 9 zoned county, or an agricultural area within a 5 10 partially zoned county. 5 11 4. This section shall not apply to either of the 5 12 following: 5 13 a. An ordinance required to implement an 5 14 agricultural land preservation ordinance, as provided 5 15 in section 335.27. 5 16 b. A structure, building, dam, obstruction, 5 17 deposit or excavation in or on the flood plains ofany5 18 a river or stream. 5 19 Sec. . Section 455B.173, subsection 13, Code 5 20 Supplement 1995, is amended to read as follows: 5 21 13. a. Adopt, modify, or repeal rules relating to 5 22 the construction, including the expansion, of animal 5 23 feeding operations, or the operation of animal feeding 5 24 operations. The rules shall include, but are not 5 25 limited to, minimum manure control requirements, 5 26 requirements for obtaining permits, and departmental 5 27 evaluations of animal feeding operations.The5 28department shall not require that a person obtain a5 29permit for the construction of an animal feeding5 30operation structure, ifA person must obtain a 5 31 construction permit to construct an animal feeding 5 32 operation structure which is part of or connected to a 5 33 confinement feeding operation, unless the structure is 5 34 part of a small animal feeding operation. However, 5 35 unless otherwise required by departmental rule, this 5 36 paragraph does not require a person to obtain a 5 37 construction permit to construct an animal feeding 5 38 operation structure which is part of or connected to 5 39 and used exclusively by a confinement feeding 5 40 operation in which only bovine or avian animals are 5 41 confined. 5 42 b. The department shall collect an indemnity fee 5 43 as provided in section 204.3 prior to the issuance of 5 44 a construction permit. The department shall deposit 5 45 indemnity fees in the manure storage indemnity fund 5 46 created in section 204.2. 5 47 c. The department shall not approve a permit for 5 48 the construction of three or more animal feeding 5 49 operation structures unless the applicant files a 5 50 statement approved by a professional engineer 6 1 registered pursuant to chapter 542B certifying that 6 2 the construction of the animal feeding operation 6 3 structure will not impede the drainage through 6 4 established drainage tile lines which cross property 6 5 boundary lines unless measures are taken to 6 6 reestablish the drainage prior to completion of 6 7 construction.The department shall deposit moneys6 8collected in indemnity fees in the manure storage6 9indemnity fund created in section 204.2.6 10 d. The department shall issue a permit for an 6 11 animal feeding operation, if an application is 6 12 submitted according to procedures required by the 6 13 department, and the application meets standards 6 14 established by the department, regardless of whether 6 15 the animal feeding operation is required to obtain 6 16 such a permit. An applicant for a construction permit 6 17 shall not begin construction at the location of a site 6 18 planned for the construction of an animal feeding 6 19 operation structure, until the person has been granted 6 20 a permit for the construction of the structure by the 6 21 department. The department shall make a determination 6 22 regarding the approval or denial of a permit within 6 23 sixty days from the date that the department receives 6 24 a completed application for a permit. However, the 6 25 sixty-day requirement shall not apply to an 6 26 application, if the applicant is not required to 6 27 obtain a permit in order to construct an animal 6 28 feeding operation structure or to operate an animal 6 29 feeding operation. The department shall deliver a 6 30 copy or require the applicant to deliver a copy of the 6 31 application for a construction permit to the county 6 32 board of supervisors in the county where the 6 33 confinement feeding operation or confinement feeding 6 34 operation structure subject to the permit is to be 6 35 located. The department shall not approve the 6 36 application or issue a construction permit until 6 37 thirty days following delivery of the application to 6 38 the county board of supervisors. The department shall 6 39 consider comments from the county board of 6 40 supervisors, regarding compliance by the applicant 6 41 with the legal requirements for the construction of 6 42 the confinement feeding operation structure as 6 43 provided in this chapter, and rules adopted by the 6 44 department pursuant to this chapter, if the comments 6 45 are delivered to the department within fourteen days 6 46 after receipt of the application by the county board 6 47 of supervisors. Prior to granting a permit to a 6 48 person for the construction of an animal feeding 6 49 operation, the department may require the installation 6 50 and operation of a hydrological monitoring system for 7 1 an exclusively earthen manure storage structure, if, 7 2 after an on-site inspection, the department determines 7 3 that the site presents an extraordinary potential for 7 4 groundwater pollution. 7 5 e. A person shall not obtain a permit for the 7 6 construction of a confinement feeding operation, 7 7 unless the person develops a manure management plan as 7 8 provided in section 455B.203. 7 9 f. The department shall not issue a permit to a 7 10 person under this subsection if an enforcement action 7 11 by the department, relating to a violation of this 7 12 chapter concerning a confinement feeding operation in 7 13 which the person has an interest, is pending. The 7 14 department shall not issue a permit to a person under 7 15 this subsection for five years after the date of the 7 16 last violation committed by a person or confinement 7 17 feeding operation in which the person holds a 7 18 controlling interest during which the person or 7 19 operation was classified as a habitual violator under 7 20 section 455B.191. The department shall conduct an 7 21 annual review of each confinement feeding operation 7 22 which is a habitual violator and each confinement 7 23 feeding operation in which a habitual violator holds a 7 24 controlling interest. The department shall notify 7 25 persons classified as habitual violators of their 7 26 classification, additional restrictions imposed upon 7 27 the persons pursuant to the classification, and 7 28 special civil penalties that may be imposed upon the 7 29 persons. The notice shall be sent to the persons by 7 30 certified mail." 7 31 #2. Page 15, by striking lines 26 through 28. 7 32 #3. By renumbering as necessary. 7 33 7 34 7 35 7 36 WEIGEL of Chickasaw 7 37 SF 2446.717 76 7 38 da/sc
Text: H05630 Text: H05632 Text: H05600 - H05699 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Wed Mar 27 03:25:29 CST 1996
URL: /DOCS/GA/76GA/Legislation/H/05600/H05631/960326.html
jhf