Text: S05166 Text: S05168 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Amend Senate File 2037 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 335.2, Code 1995, is amended 1 5 to read as follows: 1 6 335.2FARMSAGRICULTURAL PURPOSES EXEMPT. 1 7 1. As used in this section: 1 8 a. "Agricultural purpose" means any use connected 1 9 or related to farming as defined in section 9H.1. 1 10 b. "Animal feeding operation" and "animal feeding 1 11 operation structure" mean the same as defined in 1 12 section 455B.161. 1 13 c. "Manure storage structure" means a structure 1 14 used to store manure produced by an animal feeding 1 15 operation and includes an anaerobic lagoon, earthen 1 16 manure storage basin, or formed manure storage 1 17 structure, as defined in section 455B.161. 1 18 2. Exceptto the extent required to implementas 1 19 provided in this section,335.27, noan ordinance 1 20 adopted under this chapterappliesshall not apply to 1 21 land,farmincluding houses,farmbarns,farm1 22 outbuildings,orand other buildings or structures, 1 23 whichareis primarily adapted, by reason of nature 1 24 and area, foruse foran agriculturalpurposes1 25 purpose, while so used.However, the ordinances may1 26apply to any1 27 3. Subsection 2 shall not prohibit an ordinance 1 28 adopted pursuant to this chapter if the ordinance 1 29 applies to either of the following: 1 30 a. A structure, building, dam, obstruction, 1 31 deposit or excavation in or on the flood plains of any 1 32 river or stream. 1 33 b. The implementation of an agricultural 1 34 preservation ordinance, as provided in section 335.27. 1 35 4. a. Subsection 2 shall not prohibit an 1 36 ordinance adopted pursuant to this subsection which 1 37 applies to animal feeding operations, including animal 1 38 feeding operation structures, constructed or expanded 1 39 after the effective date of this Act. 1 40 b. The county board of supervisors shall not adopt 1 41 the ordinance until the board conducts a county-wide 1 42 nitrogen use analysis as provided for in this 1 43 subsection. The methodology employed in performing 1 44 the analysis must be approved by the department of 1 45 natural resources according to procedures adopted by 1 46 the department after consultation with the animal 1 47 agriculture consulting organization as provided in 1 48 1995 Iowa Acts, chapter 195, section 37. 1 49 c. The analysis must find that the total nitrogen 1 50 content of manure that is expected to be applied to 2 1 land in the county and originating from manure storage 2 2 structures located in the county, during the course of 2 3 the next twelve-month period, exceeds the expected 2 4 total nitrogen use necessary to obtain optimum crop 2 5 yields on land used for producing crops in the county. 2 6 Deductions shall be made for nitrogen credits from 2 7 legume production and expected commercial nitrogen 2 8 fertilizer applications. The resulting value shall 2 9 then be corrected for expected nitrogen loss. 2 10 Information to complete the required calculations must 2 11 account for the soil types used to produce crops, the 2 12 number of acres used to produce crops, and the types 2 13 of crops produced in the county. 2 14 d. The calculations used by the county board of 2 15 supervisors in its analysis shall be based upon rules 2 16 adopted by the department of natural resources in 2 17 cooperation with Iowa state university and the 2 18 department of agriculture and land stewardship. The 2 19 rules shall provide that the calculations may be based 2 20 on conclusions by sources determined credible by the 2 21 department of natural resources, including, but not 2 22 limited to, Iowa state university, the United States 2 23 department of agriculture, a registered professional 2 24 engineer, or an individual certified as a crop 2 25 consultant by the American registry of certified 2 26 professionals in agronomy, crops, and soils, certified 2 27 crop consultants, or the registry of environmental and 2 28 agricultural professionals. Upon request, the 2 29 department of natural resources shall provide to a 2 30 county information regarding the nitrogen content of 2 31 manure to be applied on land in the county according 2 32 to manure management plans filed with the department 2 33 pursuant to section 455B.203. 2 34 e. At any time after twelve months following the 2 35 adoption of an ordinance under this subsection, a 2 36 petition protesting the findings of the analysis may 2 37 be submitted to the county board of supervisors. The 2 38 petition must be signed by at least ten percent of all 2 39 owners of animal feeding operations in the county, 2 40 each of whom resides in the county and has received at 2 41 least ten thousand dollars for animals sold in the 2 42 previous twelve-month period. The ordinance shall be 2 43 nullified unless within six months following receipt 2 44 of the petition by the county board of supervisors, 2 45 the board conducts a subsequent analysis as provided 2 46 in this subsection which confirms the findings of the 2 47 previous analysis, and the board adopts the subsequent 2 48 analysis by resolution." 2 49 2 50 3 1 3 2 DERRYL McLAREN 3 3 3 4 3 5 3 6 BRAD BANKS 3 7 SF 2037.4 3 8 da/cc/26
Text: S05166 Text: S05168 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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