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PAG LIN 1 1 Section 1. Section 427.1, Code Supplement 1995, is amended 1 2 by adding the following new subsection: 1 3 NEW SUBSECTION. 28. CONFINEMENT FEEDING OPERATIONS 1 4 CONSTRUCTING FORMED MANURE STORAGE STRUCTURES. A confinement 1 5 feeding operation which constructs a formed manure storage 1 6 structure requiring a construction permit pursuant to section 1 7 455B.173, on or after the effective date of this Act, shall be 1 8 exempt from taxation for a period of five years, to the extent 1 9 provided in this subsection, as provided in this subsection. 1 10 a. The exemption shall begin on January 1 of the year 1 11 following the year in which the formed manure storage 1 12 structure is constructed. 1 13 b. The exemption is limited to the market value, as 1 14 defined in section 441.21, of the formed manure storage 1 15 structure. If the formed manure storage structure is assessed 1 16 with other property as a unit, the exemption shall be limited 1 17 to the net market value of the formed manure storage structure 1 18 determined as of the assessment date. 1 19 c. In order to receive the exemption, the owner of the 1 20 confinement feeding operation must file for the exemption with 1 21 the assessing authority not later than February 1 of the first 1 22 year for which the exemption applies, on forms provided by the 1 23 department of revenue and finance. The application shall 1 24 provide a description of the formed manure storage structure 1 25 subject to the exemption. 1 26 Sec. 2. Section 441.21, subsection 1, paragraph e, Code 1 27 Supplement 1995, is amended to read as follows: 1 28 e. The actual value of agricultural property shall be 1 29 determined on the basis of productivity and net earning 1 30 capacity of the property determined on the basis of its use 1 31 for agricultural purposes capitalized at a rate of seven 1 32 percent and applied uniformly among counties and among classes 1 33 of property. Any formula or method employed to determine 1 34 productivity and net earning capacity of property shall be 1 35 adopted in full by rule. Property on which there is located a 2 1 manure storage structure which is an anaerobic lagoon or 2 2 earthen manure storage basin which is required to obtain a 2 3 construction permit under section 455B.173, other than a 2 4 manure storage structure which stores manure in an exclusively 2 5 dry form, shall be assessed at the same rate calculated by 2 6 assessing the property as a confinement feeding building at 2 7 full capacity, having the same construction costs. The county 2 8 shall place all moneys assessed against the manure storage 2 9 structure into a special fund for use by the county in 2 10 supplementing amounts received under the manure storage 2 11 indemnity fund as provided in section 204.2. 2 12 Sec. 3. Section 455B.171, Code Supplement 1995, is amended 2 13 by adding the following new subsection: 2 14 NEW SUBSECTION. 12A. "Manure storage structure" means a 2 15 structure used to store manure which is connected to an animal 2 16 feeding operation, including an anaerobic lagoon, earthen 2 17 manure storage basin, or formed manure storage structure as 2 18 defined in section 455B.161. 2 19 Sec. 4. Section 455B.173, subsection 13, Code Supplement 2 20 1995, is amended to read as follows: 2 21 13. a. Adopt, modify, or repeal rules relating to the 2 22 construction or operation of animal feeding operations. The 2 23 rules shall include, but are not limited to, minimum manure 2 24 control requirements, requirements for obtaining permits, and 2 25 departmental evaluations of animal feeding operations. The 2 26 department shall not require that a person obtain a permit for 2 27 the construction of an animal feeding operation structure, if 2 28 the structure is part of a small animal feeding operation. 2 29 b. The department shall collect an indemnity fee as 2 30 provided in section 204.3 prior to the issuance of a 2 31 construction permit. The department shall deposit moneys 2 32 collected in indemnity fees in the manure storage indemnity 2 33 fund created in section 204.2. 2 34 c. The department shall not approve a permit for the 2 35 construction of three or more animal feeding operation 3 1 structures unless the applicant files a statement approved by 3 2 a professional engineer registered pursuant to chapter 542B 3 3 certifying that the construction of the animal feeding 3 4 operation structure will not impede the drainage through 3 5 established drainage tile lines which cross property boundary 3 6 lines unless measures are taken to reestablish the drainage 3 7 prior to completion of construction.The department shall3 8deposit moneys collected in indemnity fees in the manure3 9storage indemnity fund created in section 204.2.3 10 d. The department shall issue a permit for an animal 3 11 feeding operation, if an application is submitted according to 3 12 procedures required by the department according to this 3 13 section, and the application meets standards established by 3 14 the department, regardless of whether the animal feeding 3 15 operation is required to obtain such a permit. An applicant 3 16 for a construction permit shall not begin construction at the 3 17 location of a site planned for the construction of an animal 3 18 feeding operation structure, until the person has been granted 3 19 a permit for the construction of the structure by the 3 20 department. 3 21 e. The department shall make a determination regarding the 3 22 approval or denial of a permit within sixty days from the date 3 23 that the department receives a completed application forathe 3 24 approval of the permit, as provided in this paragraph. 3 25 However, the sixty-day requirement shall not apply to an 3 26 application, if the applicant is not required to obtain a 3 27 permit in order to construct an animal feeding operation 3 28 structure or to operate an animal feeding operation. The 3 29 department shall deliver a copy or require the applicant to 3 30 deliver a copy of the application for a construction permit to 3 31 the county board of supervisors in the county where the 3 32 confinement feeding operation or confinement feeding operation 3 33 structure subject to the permit is to be located. Upon 3 34 receipt of an application for departmental approval under this 3 35 subsection, the department shall determine if the application 4 1 complies with all permit requirements. The process of 4 2 approving or disapproving a permit shall be as follows: 4 3 (1) If a county has not adopted a confinement feeding 4 4 operations review ordinance, the department shall not approve 4 5 the application or issue a construction permit until thirty 4 6 days following delivery of the application to the county board 4 7 of supervisors. The department shall consider comments from 4 8 the county board of supervisors, regarding compliance by the 4 9 applicant with the legal requirements for the construction of 4 10 the confinement feeding operation structure as provided in 4 11 this chapter, and rules adopted by the department pursuant to 4 12 this chapter, if the comments are delivered to the department 4 13 within fourteen days after receipt of the application by the 4 14 county board of supervisors. 4 15 (2) If a county has adopted a confinement feeding 4 16 operations review ordinance, the department shall not approve 4 17 the application unless the department receives the approval of 4 18 the application from the county pursuant to section 455B.173A. 4 19 f. Prior to granting a permit to a person for the 4 20 construction of an animal feeding operation, the department 4 21 may require the installation and operation of a hydrological 4 22 monitoring system for an exclusively earthen manure storage 4 23 structure, if, after an on-site inspection, the department 4 24 determines that the site presents an extraordinary potential 4 25 for groundwater pollution. 4 26 g. A person shall not obtain a permit for the construction 4 27 of a confinement feeding operation, unless the person develops 4 28 a manure management plan as provided in section 455B.203. 4 29 h. The department shall not issue a permit to a person 4 30 under this subsection if an enforcement action by the 4 31 department, relating to a violation of this chapter concerning 4 32 a confinement feeding operation in which the person has an 4 33 interest, is pending. The department shall not issue a permit 4 34 to a person under this subsection for five years after the 4 35 date of the last violation committed by a person or 5 1 confinement feeding operation in which the person holds a 5 2 controlling interest during which the person or operation was 5 3 classified as a habitual violator under section 455B.191. The 5 4 department shall conduct an annual review of each confinement 5 5 feeding operation which is a habitual violator and each 5 6 confinement feeding operation in which a habitual violator 5 7 holds a controlling interest. The department shall notify 5 8 persons classified as habitual violators of their 5 9 classification, additional restrictions imposed upon the 5 10 persons pursuant to the classification, and special civil 5 11 penalties that may be imposed upon the persons. The notice 5 12 shall be sent to the persons by certified mail. 5 13 Sec. 5. NEW SECTION. 455B.173A CONFINEMENT FEEDING 5 14 OPERATIONS REVIEW ORDINANCE. 5 15 1. A county may adopt a confinement feeding operations 5 16 review ordinance, pursuant to section 331.302. The purpose of 5 17 the ordinance shall be to provide a county with a method and 5 18 procedure to approve or disapprove a construction permit 5 19 application for a confinement feeding operation structure, 5 20 including a confinement building or related manure storage 5 21 structure, prior to approval by the department pursuant to 5 22 section 455B.173. 5 23 2. The purpose of the ordinance shall be to ensure that 5 24 confinement feeding operations, including confinement feeding 5 25 buildings and related manure storage structures are located 5 26 and constructed in the county in order to preserve and protect 5 27 natural resources, including soil and water; lessen congestion 5 28 and overcrowding of an intensive agricultural use; and to 5 29 protect the health and welfare of the public. 5 30 3. An ordinance adopted by a county under this section 5 31 shall not apply to a confinement feeding operation which 5 32 confines cattle exclusively or which provides for the storage 5 33 of manure exclusively in a dry form. 5 34 4. a. The county shall receive a permit application, 5 35 required to be approved by the department for the construction 6 1 of a confinement feeding operation pursuant to section 6 2 455B.173, from either the applicant or the department as 6 3 required by the department. However, the application shall be 6 4 filed with the county in the manner prescribed by the county. 6 5 The county may require the applicant to submit a filing fee. 6 6 b. Within sixty days from the filing of the application 6 7 with the county, the county board of supervisors shall approve 6 8 or disapprove the permit application; endorse its approval or 6 9 disapproval on the application; and forward the application to 6 10 the department, as required by the department. An application 6 11 required to be approved or disapproved by the county which is 6 12 not received by the department in a timely manner shall be 6 13 deemed to be approved by the county. Disapproval of an 6 14 application by a county must carry out the purpose of the 6 15 ordinance and may be based on design criteria required by the 6 16 county engineer or requirements or standards included in this 6 17 chapter or rules adopted by the department pursuant to this 6 18 chapter which regulate confinement feeding operations. If the 6 19 county disapproves an application, the application shall be 6 20 forwarded to the department. The department shall maintain a 6 21 record of all applications which have been disapproved. A 6 22 county may approve or disapprove any number of applications. 6 23 Once approved or disapproved, the county shall notify the 6 24 applicant of the decision by certified mail. 6 25 5. a. The confinement feeding operations review ordinance 6 26 shall only apply after the county conducts an analysis of the 6 27 total amount of manure originating from manure storage 6 28 structures which are part of animal feeding operations located 6 29 in the county, and determines that the total amount of manure 6 30 stored in manure storage structures during any period of 6 31 twelve consecutive months would provide eighty-five percent or 6 32 more of the eligible cropland located in the county with 6 33 nutrients sufficient to produce optimum crop yields in the 6 34 county. Cropland includes but is not limited to land used to 6 35 raise wheat, durum, spelt, triticale, oats, rye, corn, barley, 7 1 buckwheat, flaxseed, safflower, sunflower seed, soybeans, 7 2 sorghum grains, peas, beans, hay, straw, or stover. 7 3 Information to complete the required calculations must account 7 4 for the soil types used to produce crops, the number of acres 7 5 used to produce crops, and the types of crops produced in the 7 6 county. 7 7 b. The calculations used by the county board of 7 8 supervisors in its analysis shall be based upon rules adopted 7 9 by the department of natural resources, in cooperation with 7 10 Iowa state university and the department of agriculture and 7 11 land stewardship. The rules shall provide that the 7 12 calculations may be based on conclusions by sources determined 7 13 credible by the department of natural resources. 7 14 6. If the amount of the manure would provide seventy 7 15 percent or more but less than eighty-five percent of the 7 16 eligible land located in the county with nutrients sufficient 7 17 to produce optimum crop yields in the county, as provided in 7 18 subsection 5, the ordinance shall apply only if a county board 7 19 of review appointed pursuant to this subsection determines 7 20 that an ordinance is required in order to carry out the 7 21 purpose provided in subsection 2. In addition, the county 7 22 board of review shall consider the character of the county, 7 23 its suitability for the construction of more confinement 7 24 feeding operations or related manure storage structures, and 7 25 the degree to which the county can support additional 7 26 confinement feeding operations or related manure storage 7 27 structures absent the ordinance. The county board of review 7 28 shall be appointed by the board of supervisors and shall be 7 29 composed of the following: 7 30 a. A person engaged in agricultural finance. A preference 7 31 shall be provided to a person who is an active member of the 7 32 Iowa bankers association. 7 33 b. A person who is a commissioner of a soil and water 7 34 conservation district as provided in chapter 161A located in 7 35 the county. 8 1 c. The county engineer for the county. 8 2 d. The mayor of a city located in the county, or the 8 3 mayor's designee. 8 4 e. A member of the county board of supervisors. 8 5 EXPLANATION 8 6 This bill relates to animal feeding operations as provided 8 7 in chapter 455B, and as enacted during the last session of the 8 8 General Assembly in 1995 Iowa Acts, chapter 195 (House File 8 9 519). The bill provides that property on which there is 8 10 located an anaerobic lagoon or earthen manure storage basin 8 11 must be assessed at the same rate as a confinement building 8 12 having the same construction costs. The bill exempts from 8 13 property taxes for five years a confinement feeding operation 8 14 having a formed manure storage structure. 8 15 The bill provides that a county may adopt a confinement 8 16 feeding operations review ordinance. A county that adopts an 8 17 ordinance may approve or disapprove a construction permit for 8 18 a confinement feeding operation or a related building or 8 19 manure storage structure. The bill provides that a county can 8 20 adopt an ordinance after the county conducts an analysis of 8 21 the total amount of manure originating from manure storage 8 22 structures which are part of animal feeding operations located 8 23 in the county, and determines that the total amount of manure 8 24 stored in manure storage structures during any period of 12 8 25 consecutive months would provide 85 percent or more of the 8 26 eligible cropland located in the county with nutrients 8 27 sufficient to produce optimum crop yields in the county. If 8 28 the amount of the manure would provide 70 percent or more but 8 29 less than 85 percent of the eligible land located in the 8 30 county with nutrients sufficient to produce optimum crop 8 31 yields in the county, the ordinance applies only if a county 8 32 board of review determines that an ordinance is required. 8 33 LSB 4317SV 76 8 34 da/cf/24
Text: SF02338 Text: SF02340 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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