Text: HF00130 Text: HF00132 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.301, Code 1999, is amended by 1 2 adding the following new subsection: 1 3 NEW SUBSECTION. 15. The county board of supervisors may 1 4 review, evaluate, and approve or disapprove an application for 1 5 the construction of an animal feeding operation structure 1 6 which is part of a swine confinement feeding operation 1 7 pursuant to a county review ordinance as provided in section 1 8 331.309. 1 9 Sec. 2. NEW SECTION. 331.309 APPLICATIONS FOR SWINE 1 10 CONFINEMENT FEEDING OPERATIONS – COUNTY REVIEW ORDINANCE. 1 11 1. A county board of supervisors may pass a county review 1 12 ordinance allowing the board to review, evaluate, and approve 1 13 or disapprove applications for construction permits for animal 1 14 feeding operation structures which are part of swine 1 15 confinement feeding operations as those terms are defined in 1 16 section 455B.171. The board shall receive applications for 1 17 review and evaluation as provided in section 455B.200A. 1 18 2. The board shall adopt rules of procedure in accordance 1 19 with the provisions of any ordinance passed by the board which 1 20 shall be consistent with section 455B.200A. The board may 1 21 provide all interested persons with an opportunity to submit 1 22 data, views, or arguments in writing. The board may also hold 1 23 public hearings regarding the application. 1 24 3. Within thirty days from the date that the application 1 25 is received by the county, the county must approve the 1 26 application, disapprove the application, or forward the 1 27 application to the department without decision. If 1 28 notification of the decision on the application is not 1 29 received by the department within the thirty-day period, the 1 30 application shall be deemed to be forwarded without decision. 1 31 If the county approves or disapproves the application, the 1 32 county shall endorse its decision on the application. 1 33 4. a. Regardless of the board's decision, the board may 1 34 submit comments regarding compliance by the applicant with the 1 35 legal requirements for the construction of the animal feeding 2 1 operation structure as provided in section 455B.200A. 2 2 b. If a county disapproves an application, the county 2 3 shall submit a written decision justifying all grounds for the 2 4 disapproval. A decision must be based on a finding that the 2 5 construction of the animal feeding operation structure as 2 6 proposed in the application violates a legal requirement or 2 7 standard provided in chapter 455B, or rules adopted by the 2 8 department under that chapter, and shall contain any 2 9 supporting data. The decision may include a report proposing 2 10 recommendations regarding or changes to the application. 2 11 5. The county may be a party to an appeal of a board's 2 12 disapproval by the swine confinement feeding operation appeals 2 13 board as provided in section 455B.200C. 2 14 Sec. 3. NEW SECTION. 455A.6A SWINE CONFINEMENT FEEDING 2 15 OPERATION APPEALS BOARD – ESTABLISHMENT AND ADMINISTRATION. 2 16 1. A swine confinement feeding operation appeals board is 2 17 established within the department. The powers of the board 2 18 are vested in and shall be exercised by five members. 2 19 2. The members shall include all of the following: 2 20 a. The director of the department of natural resources, 2 21 who shall serve as chairperson of the board. 2 22 b. The state geologist serving as director of the Iowa 2 23 geological survey established within the energy and geological 2 24 resources division of the department of natural resources. 2 25 c. One member appointed by the animal agriculture 2 26 consulting organization as established pursuant to section 2 27 455A.6B. 2 28 d. Two members appointed by the governor who shall be the 2 29 following: 2 30 (1) One person who is a member of an organization 2 31 representing agricultural producers generally, if the person 2 32 is actively engaged in livestock production. 2 33 (2) One person who is a member of an organization involved 2 34 in the protection, preservation, or enhancement of the natural 2 35 environment. 3 1 3. a. The appointed members shall be confirmed by the 3 2 senate pursuant to section 2.32. 3 3 b. The appointed members shall serve terms of three years 3 4 beginning and ending as provided in section 69.19. However, 3 5 the governor shall appoint initial members to serve for less 3 6 than three years to ensure members serve staggered terms. 3 7 Appointments to the board shall be based upon the training, 3 8 experience, and capacity of the appointees, and not upon 3 9 political considerations, other than as provided in section 3 10 69.16. 3 11 c. A vacancy on the board shall be filled in the same 3 12 manner as an original appointment. A person appointed to fill 3 13 a vacancy shall serve only for the unexpired portion of the 3 14 term. An appointed member is eligible for reappointment. 3 15 d. An appointed member may be removed from office by the 3 16 governor for misfeasance, malfeasance, willful neglect of 3 17 duty, or other just cause, after notice and hearing, unless 3 18 the notice and hearing is expressly waived in writing. 3 19 4. Three members of the board constitute a quorum and the 3 20 affirmative vote of a majority of the members present is 3 21 necessary for any substantive action to be taken by the board. 3 22 The majority shall not include any member who has a conflict 3 23 of interest and a statement by a member that the member has a 3 24 conflict of interest is conclusive for this purpose. A 3 25 vacancy in the membership does not impair the right of a 3 26 quorum to exercise all rights and perform all duties of the 3 27 board. 3 28 5. The appointed members are entitled to receive a per 3 29 diem as specified in section 7E.6 for each day spent in 3 30 performance of duties as members, and shall be reimbursed for 3 31 all actual and necessary expenses incurred in the performance 3 32 of duties as members. 3 33 6. The board shall meet on a regular basis and at the call 3 34 of the chairperson or upon the written request to the 3 35 chairperson of two or more members. The department shall 4 1 staff the board. 4 2 Sec. 4. NEW SECTION. 455A.6B ANIMAL AGRICULTURE 4 3 CONSULTING ORGANIZATION. 4 4 1. The department shall request that the Iowa pork 4 5 producers association, the Iowa cattlemen's association, the 4 6 Iowa poultry association, the Iowa dairy products association, 4 7 Iowa state university, the soil conservation division of the 4 8 department of agriculture and land stewardship, the natural 4 9 resources conservation service of the United States department 4 10 of agriculture, and two organizations representing 4 11 agricultural producers generally each appoint one member to 4 12 consult with the department regarding the regulation of animal 4 13 feeding operations under chapter 455B, including related rules 4 14 adopted pursuant to chapter 455B, and the implementation of 4 15 the regulation. The department shall consult with these 4 16 appointees in meetings which shall be conducted by the 4 17 department, upon the call of the director of the department or 4 18 the director's designee, or upon the request to the department 4 19 of any three appointees. 4 20 2. This section is repealed on March 31, 2005. 4 21 Sec. 5. Section 455B.200A, subsections 1 and 3, Code 1999, 4 22 are amended to read as follows: 4 23 1. The department shall issue permits for the 4 24 construction, including the expansion, of animal feeding 4 25 operation structures, including structures which are part of 4 26 confinement feeding operations, as provided by rules adopted 4 27 pursuant to section 455B.200. The department shall issue a 4 28 permit to an animal feeding operation if an application is 4 29 submitted according to procedures required by the department 4 30 and the applicationmeets standards established by the4 31departmentcomplies with legal requirements provided in this 4 32 chapter and rules adopted by the department pursuant to this 4 33 section, regardless of whether the animal feeding operation is 4 34 required to obtain such a permit. The department shall not 4 35 require that a person obtain a permit for the construction of 5 1 an animal feeding operation structure if the structure is part 5 2 of a small animal feeding operation. For purposes of this 5 3 section, an animal feeding operation structure includes a 5 4 manure storage structure. 5 5 3.The department shall not issue aA permit for the 5 6 construction of three or more animal feeding operation 5 7 structures shall not be approved unless the applicant files a 5 8 statement as part of the application. The statement must be 5 9 approved by a professional engineer registered pursuant to 5 10 chapter 542B certifying that the construction of the animal 5 11 feeding operation structures will not impede the drainage 5 12 through established drainage tile lines which cross property 5 13 boundary lines unless measures are taken to reestablish the 5 14 drainage prior to completion of construction. 5 15 Sec. 6. Section 455B.200A, Code 1999, is amended by adding 5 16 the following new subsection: 5 17 NEW SUBSECTION. 7A. If a county has passed a county 5 18 review ordinance adopted pursuant to section 331.309, the 5 19 county may approve or disapprove a construction permit 5 20 application according to the following procedures: 5 21 a. A county board of supervisors shall have thirty days to 5 22 approve or disapprove the application. If a county board of 5 23 supervisors approves or does not disapprove the application, 5 24 the department shall either approve or deny the application 5 25 based on compliance with the requirements of this chapter and 5 26 rules adopted by the department. The department shall file 5 27 the application that it approves and notify the county and the 5 28 applicant of the approval and filing. The department shall 5 29 not approve an application which has been disapproved by a 5 30 county board of supervisors. If the county board of 5 31 supervisors or the department disapproves the application, the 5 32 department shall deny the application and notify the county 5 33 and the applicant of the denial, including the right of the 5 34 applicant to appeal under this subsection, and return any 5 35 indemnity fee submitted with the application. 6 1 b. The applicant may appeal the denial of an application 6 2 disapproved by a county board of supervisors or the department 6 3 to the swine feeding operation confinement appeals board as 6 4 provided in section 455B.200C. 6 5 Sec. 7. NEW SECTION. 455B.200C APPEALS TO THE SWINE 6 6 CONFINEMENT FEEDING OPERATION APPEALS BOARD. 6 7 1. The swine confinement feeding operation appeals board 6 8 established pursuant to section 455A.6A shall consider appeals 6 9 regarding applications for permits for the construction of 6 10 animal feeding operation structures which are part of swine 6 11 confinement feeding operations as provided in section 6 12 455B.200A. 6 13 a. The board shall consider an appeal brought by an 6 14 applicant for the denial of an application based on the 6 15 disapproval of the application by a county board of 6 16 supervisors or the department under section 455B.200A. 6 17 b. The applicant must submit a petition to the board on 6 18 forms and according to procedures required by the department. 6 19 The applicant must file the petition of appeal within twenty 6 20 days of receipt of the notice of denial by the department as 6 21 provided in section 455B.200A. 6 22 2. Upon receipt of a petition by the applicant, the board 6 23 shall consider the appeal. The board shall deliver notice of 6 24 the appeal to the applicant and the county board of 6 25 supervisors as provided by rules adopted by the department. 6 26 The board shall conduct an inquiry or investigation as the 6 27 board deems necessary to determine if the application complies 6 28 with all requirements and standards of chapter 455B, including 6 29 rules adopted by the department. 6 30 3. An appeal is not a contested case proceeding under 6 31 chapter 17A. The board may do all of the following: 6 32 a. Hear evidence presented by the applicant and the 6 33 county. 6 34 b. Require persons, including the applicant, to appear in 6 35 order to be examined under oath. If the board requires a 7 1 person to appear and testify under oath, a transcript shall be 7 2 made of the testimony. 7 3 c. Appoint a member of the department or request an 7 4 administrative law judge to receive evidence which may include 7 5 testimony under oath, and to issue a proposed decision to 7 6 approve or disapprove an application for a permit. The board 7 7 may affirm, reverse, or modify the proposed decision to 7 8 approve or disapprove the application for the permit. 7 9 4. The board or a person appointed by the board to 7 10 consider the appeal shall compile a record of the appeal. The 7 11 record shall include all of the following: 7 12 a. Any evidence received or considered. 7 13 b. The application endorsed with the county's disapproval, 7 14 and the county's decision explaining grounds for disapproving 7 15 the application. 7 16 c. Records or transcripts of testimony. 7 17 d. All submissions and findings of fact. 7 18 e. A decision by the board or a person appointed by the 7 19 board, and any decision of the board affirming, reversing, or 7 20 modifying a proposed decision by a person appointed by the 7 21 board. 7 22 5. Findings of fact shall be based solely on the evidence 7 23 in the record and on matters officially noticed in the record. 7 24 6. If upon appeal the board determines that the county 7 25 board of supervisors or the department acted arbitrarily, 7 26 capriciously, or without reasonable cause in disapproving the 7 27 application, the board shall reverse the denial and order the 7 28 application to be approved and filed with any modifications or 7 29 conditions established by the board. 7 30 7. Upon final action on the appeal by the board, the 7 31 records shall be forwarded to the department. The applicant 7 32 and county board of supervisors shall be notified of the 7 33 decision by certified mail. The notice shall include the 7 34 decision of the board or any decision of the board affirming, 7 35 reversing, or modifying a proposed decision by a person 8 1 appointed by the board. 8 2 8. An applicant may seek judicial review of a board's 8 3 decision, as if the decision were the department's final 8 4 agency action under chapter 17A. A county board of 8 5 supervisors may seek judicial review of a decision to reverse 8 6 the denial of an application that was disapproved by the 8 7 county board of supervisors as provided in chapter 17A. A 8 8 petition for judicial review may be filed in the district 8 9 court of the county where the animal feeding operation 8 10 structure was proposed to be constructed. 8 11 EXPLANATION 8 12 The bill amends the current procedure for approving or 8 13 disapproving an application for a permit for the construction 8 14 of an animal feeding operation structure which is part of a 8 15 confinement feeding operation under Code section 455B.200A. 8 16 Current law provides that the department of natural resources 8 17 approves or disapproves an application. A county board of 8 18 supervisors may make comments to the department and appeal the 8 19 department's decision to the environmental protection 8 20 commission with judicial review by the district court. 8 21 This bill provides that a county board of supervisors may 8 22 also review, evaluate, and approve or disapprove the 8 23 application. If the board of supervisors approves or does not 8 24 disapprove the application, the department must either approve 8 25 or disapprove the application. If the department approves the 8 26 application, the department must file the application and 8 27 notify the county and the applicant of the approval and 8 28 filing. If the county board of supervisors or the department 8 29 disapproves the application, the department must terminate the 8 30 application and notify the county and the applicant of the 8 31 termination, including the right of the applicant to appeal. 8 32 The department cannot approve an application disapproved by 8 33 the county. 8 34 The bill establishes a swine confinement feeding operation 8 35 appeals board composed of the director of the department of 9 1 natural resources, the state geologist, one member approved by 9 2 the animal agriculture consulting organization, and two 9 3 members appointed by the governor, including a person who is a 9 4 member of an organization representing agricultural producers 9 5 generally and a person who is a member of an organization 9 6 involved in the protection, preservation, or enhancement of 9 7 the natural environment. The bill establishes a number of 9 8 procedures available to the board for considering the appeal. 9 9 If the board determines that the county board of supervisors 9 10 or the department acted arbitrarily, capriciously, or without 9 11 reasonable cause in disapproving the application, the board 9 12 must reverse the denial and order the application to be filed 9 13 with any modifications or conditions established by the board. 9 14 The bill provides that an applicant may seek judicial review 9 15 of a board's decision. A county board of supervisors may also 9 16 seek judicial review of a decision to reverse the denial of an 9 17 application that was disapproved by the county board of 9 18 supervisors. 9 19 LSB 1497YH 78 9 20 da/jw/5
Text: HF00130 Text: HF00132 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 12 05:55:23 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00100/HF00131/990125.html
jhf