Text: H08351 Text: H08353 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2494 as follows:
1 2 #1. Page 21, by inserting after line 2 the
1 3 following:
1 4 "__. The department shall approve or disapprove a
1 5 permit for the construction of a confinement feeding
1 6 operation or an associated animal feeding operation
1 7 structure, based on rules adopted by the department
1 8 which include consideration of the risk-based siting
1 9 analysis established pursuant to section 455B.200C."
1 10 #2. Page 21, by inserting after line 23 the
1 11 following:
1 12 "__. A county which has adopted an ordinance
1 13 establishing a confinement feeding operation siting
1 14 review board as provided in section 455B.200D shall
1 15 forward the application to the review board for
1 16 further consideration. The process for determining
1 17 siting shall proceed as provided in section 455B.200D.
1 18 The county board of supervisors may submit the report
1 19 of the confinement feeding operation siting review
1 20 board to the department."
1 21 #3. Page 22, lines 6 and 7, by striking the word
1 22 "comments submitted" and inserting the following:
1 23 "submissions delivered".
1 24 4. Page 22, line 11, by striking the word
1 25 "comments" and inserting the following:
1 26 "submissions".
1 27 #5. Page 24, by inserting before line 5 the
1 28 following:
1 29 "Sec. __. NEW SECTION. 455B.200C SITING BASED ON
1 30 RISK-BASED ANALYSIS.
1 31 1. The department shall adopt rules establishing a
1 32 risk-based siting analysis according to
1 33 recommendations made to the department by a technical
1 34 advisory committee established pursuant to this
1 35 section. The technical advisory committee shall
1 36 compile data and develop, review, and update the
1 37 siting analysis used to determine appropriate
1 38 locations to construct an animal feeding operation
1 39 structure associated with a confinement feeding
1 40 operation, including its orientation to other objects
1 41 or locations for which separation distances are
1 42 required pursuant to section 455B.162. The siting
1 43 analysis shall provide a calculation of risks to the
1 44 natural environment and the public health, comfort,
1 45 and safety. The analysis shall be created as a
1 46 computer model which shall account for topography,
1 47 surface water drainage characteristics, seasonal air
1 48 flow, suitability of the soils and the hydrology of
1 49 the site, the population density of the area, the
1 50 character of residential development in the area, and
2 1 factors related to land use planning. The analysis
2 2 shall be designed to allow the department or a county
2 3 confinement feeding operation siting review board to
2 4 determine the appropriateness of the siting based on
2 5 degrees of risk to the natural environment or the use
2 6 of property by neighbors to the confinement feeding
2 7 operation, including the degree to which the
2 8 establishment of a conservation practice as provided
2 9 in section 455B.207 may mitigate the risk. The
2 10 analysis shall be used to determine whether there is a
2 11 high, medium, or de minimus risk.
2 12 2. The technical advisory committee shall be
2 13 composed of all of the following:
2 14 a. The presidents of the university of Iowa, Iowa
2 15 state university, and the university of northern Iowa,
2 16 or their designees.
2 17 b. The director of the Iowa department of public
2 18 health or a designee.
2 19 c. The director of the soil conservation division
2 20 of the department of agriculture and land stewardship,
2 21 or a designee.
2 22 d. The director of the center for agricultural
2 23 health and safety, or a designee.
2 24 e. The administrator of the energy and geological
2 25 resources division of the department of natural
2 26 resources or a designee who is responsible for the
2 27 administration of the geological survey.
2 28 f. The head of the waste reduction center at the
2 29 university of northern Iowa, or a designee.
2 30 g. The president of the Iowa groundwater
2 31 association or the president's designee who is a
2 32 ground water professional pursuant to section 455G.18.
2 33 h. The chairperson of the Iowa environmental
2 34 council, or the chairperson's designee.
2 35 i. An engineer employed by a city or county who is
2 36 appointed jointly by the Iowa league of cities and
2 37 Iowa state association of counties.
2 38 3. The members of the technical advisory committee
2 39 shall be reimbursed for their actual expenses in
2 40 accordance with section 7E.6, subsection 2, for
2 41 performing the official duties of the advisory
2 42 committee.
2 43 Sec. __. NEW SECTION. 455B.200D COUNTY
2 44 CONFINEMENT FEEDING OPERATION SITING REVIEW BOARD.
2 45 1. Notwithstanding section 331.304A, a county may
2 46 adopt an ordinance to establish a confinement feeding
2 47 operation siting review board. The purpose of the
2 48 board shall be to review the appropriateness of siting
2 49 an animal feeding operation structure associated with
2 50 a confinement feeding operation at a proposed site in
3 1 the county, prior to the approval of a permit by the
3 2 department for the construction of the structure, as
3 3 provided in section 455B.200A.
3 4 2. The board shall be composed of all of the
3 5 following:
3 6 a. A commissioner of the soil and water
3 7 conservation district in the county who shall be
3 8 appointed by the commissioners. If more than one
3 9 district is located in the county, the board of
3 10 supervisors for the county shall designate the
3 11 district to be represented on a rotating basis.
3 12 b. Two members of the board of supervisors of the
3 13 county who shall be appointed by the county board of
3 14 supervisors.
3 15 c. The county engineer for the county, or a
3 16 designee.
3 17 d. The head of the local board of health for the
3 18 county or a designee, which may be the county
3 19 sanitarian.
3 20 3. In performing the siting analysis, the board
3 21 shall determine whether the siting of the animal
3 22 feeding operation presents a high, medium, or de
3 23 minimus risk to the natural environment or the use of
3 24 property by neighbors to the confinement feeding
3 25 operation.
3 26 a. If the board determines that there is a high
3 27 risk, the board shall reject the proposed siting which
3 28 determination shall not be reversed by the department,
3 29 unless the department finds that the determination is
3 30 unreasonable, arbitrary, capricious, or otherwise
3 31 beyond the authority delegated to the board under this
3 32 section.
3 33 b. If the board determines that there is a medium
3 34 risk, the board shall reject the proposed siting which
3 35 determination may be reversed by the department, if
3 36 the department applies the siting analysis and
3 37 determines that there is a de minimus risk. The board
3 38 is not required to report its determination to the
3 39 county board of supervisors if the board agrees to
3 40 review an amended siting proposal submitted by the
3 41 applicant. The board and the applicant must execute
3 42 an agreement to suspend the time limits for delivering
3 43 submissions by the county to the department and for
3 44 departmental approval or disapproval of a construction
3 45 permit as required by section 455B.200A. The county
3 46 shall deliver the agreement to the department
3 47 according to procedures required by the department.
3 48 The time limits as provided in section 455B.200A shall
3 49 be suspended according to the terms and conditions
3 50 provided in the agreement. The review board may
4 1 consider amendments which provide a different site,
4 2 the change in the orientation or size of the animal
4 3 feeding operation structure, or the installation of
4 4 conservation practices as provided in section
4 5 455B.207. The board shall not approve an amended
4 6 proposal unless the board determines that there is a
4 7 de minimus risk.
4 8 c. If the board determines that there is a de
4 9 minimus risk, the board shall approve the proposed
4 10 siting, which determination may be reversed by the
4 11 department, if the department finds that the
4 12 determination is unreasonable, arbitrary, capricious,
4 13 or otherwise beyond the authority delegated to the
4 14 board under this section."
4 15 #6. Page 35, by inserting after line 29 the
4 16 following:
4 17 "Sec. __. NEW SECTION. 455B.207 CONSERVATION
4 18 PRACTICES PROGRAM – COST-SHARE MONEYS.
4 19 1. The division of soil conservation of the
4 20 department of agriculture and land stewardship shall
4 21 establish and administer a program to provide
4 22 financial incentives to support conservation practices
4 23 on land where confinement feeding operations are
4 24 located. A landowner who chooses to participate in
4 25 the program must establish the conservation practice
4 26 according to an agreement in which the landowner
4 27 promises to establish and maintain the conservation
4 28 practice in return for financial incentives.
4 29 2. A conservation practice includes any practice
4 30 which is designed to protect environmental quality
4 31 from activities associated with a confinement feeding
4 32 operation, including all of the following:
4 33 a. Water quality practices designed to protect
4 34 water sources, including but not limited to the stream
4 35 buffer strip establishment, erosion control structure
4 36 construction, the establishment of permanent grass and
4 37 buffer zones, filter strips, and erosion control
4 38 structures, and practices to mitigate the effects of
4 39 concentrated contamination on surface and subsurface
4 40 water quality from manure originating from confinement
4 41 feeding operations.
4 42 b. Air quality practices, including but not
4 43 limited to the establishment of stands of fast growing
4 44 trees or wind barriers around confinement feeding
4 45 operations and agricultural land where manure is
4 46 stored or applied.
4 47 3. The financial incentives shall be allocated by
4 48 the division on a cost-share basis which does not
4 49 exceed fifty percent of the estimated cost of
4 50 establishing the practices, or fifty percent of the
5 1 actual cost, whichever is less.
5 2 4. The division shall adopt rules necessary to
5 3 administer this section."
5 4 #7. Page 41, by inserting before line 14, the
5 5 following:
5 6 "Sec. ___. STUDY. The university of Iowa, Iowa
5 7 state university, and the university of northern Iowa,
5 8 under the direction of the state board of regents,
5 9 shall cooperate in performing a study of the social
5 10 and economic impacts associated with the expansion of
5 11 confinement feeding operations in this state. The
5 12 universities shall prepare and submit a report to the
5 13 general assembly not later than January 1, 2000."
5 14 #8. By renumbering as necessary.
5 15
5 16
5 17
5 18 WITT of Black Hawk
5 19 HF 2494.211 77
5 20 da/jl/14
Text: H08351 Text: H08353 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
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