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Senate File 2335

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 335.2, Code 1999, is amended to read as
  1  2 follows:
  1  3    335.2  FARMS EXEMPT.
  1  4    1.  Except to the extent required to implement section
  1  5 335.27, no as provided in subsection 2, an ordinance adopted
  1  6 under this chapter applies shall not apply to land, farm and
  1  7 related structures including but not limited to houses, farm
  1  8 barns, farm or outbuildings or other buildings or structures
  1  9 which are primarily adapted, by reason of nature and area, for
  1 10 use for agricultural purposes, while so used.  However, the
  1 11 ordinances
  1 12    2.  A county board of supervisors may apply to any adopt an
  1 13 ordinance under this chapter which applies to any of the
  1 14 following:
  1 15    a.  The implementation of an agricultural land preservation
  1 16 ordinance, as provided in section 335.27.
  1 17    b.  A structure, building, dam, obstruction, deposit, or
  1 18 excavation in or on the flood plains floodplains of any a
  1 19 river or stream.
  1 20    c.  The siting of a confinement feeding operation,
  1 21 according to a generally accepted agricultural management
  1 22 practices ordinance adopted pursuant to section 335.2A.
  1 23    Sec. 2.  NEW SECTION.  335.2A  GENERALLY ACCEPTED
  1 24 AGRICULTURAL MANAGEMENT PRACTICES ORDINANCE.
  1 25    Notwithstanding section 331.304A, a county may adopt a
  1 26 generally accepted agricultural management practices ordinance
  1 27 which shall be part of other regulations provided in this
  1 28 chapter.  The ordinance shall regulate the siting of animal
  1 29 feeding operation structures which are part of confinement
  1 30 feeding operations as defined in section 455B.161.  The
  1 31 ordinance shall be subject to adoption by the county board of
  1 32 supervisors in the same manner as other regulations adopted
  1 33 pursuant to this chapter.  For purposes of this section, an
  1 34 amendment to a generally accepted agricultural management
  1 35 practices ordinance shall be considered a new ordinance.
  2  1    1.  The ordinance shall apply to animal feeding operation
  2  2 structures constructed or expanded on and after the effective
  2  3 date of this Act.  The ordinance may provide for different
  2  4 regulations for confinement feeding operations based on the
  2  5 animal weight capacity of the confinement feeding operation.
  2  6 However, the ordinance must be consistent with the county's
  2  7 comprehensive plan as required by section 335.5, and other
  2  8 regulations adopted pursuant to this chapter.  The ordinance
  2  9 shall provide special requirements because of conditions that
  2 10 exist in that county.  The ordinance shall not provide for
  2 11 less stringent requirements for siting than required in
  2 12 chapter 455B, including section 455B.118.  The ordinance may
  2 13 provide for separation distance requirements that exceed the
  2 14 requirements of chapter 455B, division II, part 2, or section
  2 15 455B.204.
  2 16    2.  The ordinance shall not become effective until it is
  2 17 approved by the department of natural resources as provided in
  2 18 section 455B.118.  The county shall submit the ordinance to
  2 19 the department in a manner and according to procedures
  2 20 required by the department.  The county shall include with the
  2 21 submitted ordinance an explanation of its provisions and a
  2 22 rationale for why it is necessary in order to carry out the
  2 23 purposes of section 455B.118.
  2 24    Sec. 3.  NEW SECTION.  455B.118  GENERALLY ACCEPTED
  2 25 AGRICULTURAL MANAGEMENT PRACTICES.
  2 26    1.  The purpose of this section is to develop generally
  2 27 accepted agricultural management practices in siting
  2 28 confinement feeding operations and associated animal feeding
  2 29 operation structures as defined in section 455B.161, for
  2 30 purposes of preserving the outdoor atmosphere and the quality
  2 31 of the state's surface and subsurface waters from substances
  2 32 which may be injurious to human, animal, or plant life; or
  2 33 which may unreasonably interfere with the enjoyment of life
  2 34 and property.  The practices shall accommodate the need to
  2 35 preserve the availability of farmland reserved for confinement
  3  1 feeding operations.
  3  2    2.  The department shall establish the practices by rules
  3  3 adopted pursuant to chapter 17A in conformity with this
  3  4 section.  The department shall establish the rules after
  3  5 consultation with the generally accepted agricultural
  3  6 management practices council as provided in section 455B.119.
  3  7 The generally accepted agricultural management practices shall
  3  8 provide for siting confinement feeding operations in
  3  9 conformance with the purpose of this section based on criteria
  3 10 used for the siting as provided in sections 455B.161B and
  3 11 455B.200.  The rules shall apply to the animal feeding
  3 12 operation structures constructed or expanded on and after the
  3 13 effective date of this Act.  The department may require
  3 14 compliance pursuant to rule or as a condition to issuing a
  3 15 permit pursuant to section 455B.200A.
  3 16    3.  a.  The department shall review a county generally
  3 17 accepted agricultural management practices ordinance adopted
  3 18 by a county pursuant to section 335.2A.  The department shall
  3 19 approve the ordinance, if the county demonstrates that in
  3 20 order to carry out the purposes of this section, the county
  3 21 must adopt special requirements that apply to the siting of
  3 22 confinement feeding operations.  The department may require
  3 23 that the ordinances be based on guidelines adopted by the
  3 24 department which utilize a methodology for siting based on
  3 25 special circumstances.
  3 26    b.  The department shall approve or disapprove the
  3 27 ordinance within sixty days following its submission as
  3 28 required by rules adopted by the department.  The department
  3 29 may consult with interested persons, including the generally
  3 30 accepted agricultural management practices council, the Iowa
  3 31 department of public health, or other local or state agencies.
  3 32 The department shall conduct a public hearing regarding the
  3 33 proposed ordinance in order to receive comments from members
  3 34 of the public.
  3 35    Sec. 4.  NEW SECTION.  455B.119  GENERALLY ACCEPTED
  4  1 AGRICULTURAL MANAGEMENT PRACTICES COUNCIL.
  4  2    1.  A generally accepted agricultural management practices
  4  3 council is established within the department.  The members
  4  4 shall be electors of the state and have knowledge of
  4  5 confinement feeding operations as provided in this chapter and
  4  6 relevant regulations affecting confinement feeding operations.
  4  7 The appointments shall be based upon the training, experience,
  4  8 and capacity of the appointees, and not based upon political
  4  9 considerations, other than as provided in section 69.16.
  4 10    2.  The council shall be composed of five persons appointed
  4 11 by the governor, subject to confirmation by the senate, who
  4 12 shall include all of the following:
  4 13    a.  A person actively engaged in confinement feeding
  4 14 operations.
  4 15    b.  A person who is interested in animal agriculture and
  4 16 its relationship with environmental quality.
  4 17    c.  Two persons who are interested in animal agriculture
  4 18 and county land use planning.
  4 19    d.  One person who is interested in animal agriculture and
  4 20 its effect upon the public health.
  4 21    3.  The council shall be staffed by departmental personnel.
  4 22    4.  The members shall serve three-year terms beginning and
  4 23 ending as provided in section 69.19.  However, the governor
  4 24 shall provide that some initial members serve for less than
  4 25 three years to ensure that members serve staggered terms.  A
  4 26 vacancy on the council shall be filled for the unexpired
  4 27 portion of the regular term in the same manner as regular
  4 28 appointments are made.
  4 29    5.  The council shall elect a chairperson and meet on a
  4 30 regular basis and at the call of the chairperson or upon the
  4 31 written request to the chairperson of two or more members.
  4 32    6.  The members are entitled to receive a per diem and
  4 33 expenses as specified in section 7E.6.
  4 34    7.  Three members constitute a quorum and the affirmative
  4 35 vote of a majority of the members present is necessary for any
  5  1 substantive action to be taken by the council.  The majority
  5  2 shall not include any member who has a conflict of interest
  5  3 and a statement by a member that the member has a conflict of
  5  4 interest is conclusive for this purpose.  A vacancy in the
  5  5 membership does not impair the duties of the council.
  5  6    8.  The council shall advise the department in adopting
  5  7 generally accepted agricultural management practices and when
  5  8 approving generally accepted agricultural management practices
  5  9 ordinances pursuant to section 455B.118.
  5 10    Sec. 5.  NEW SECTION.  455B.161B  REQUIREMENTS FOR
  5 11 GENERALLY ACCEPTED AGRICULTURAL MANAGEMENT PRACTICES – AIR
  5 12 QUALITY.
  5 13    1.  Generally accepted agricultural management practices as
  5 14 provided in section 455B.118 shall provide for siting of
  5 15 confinement feeding operations, based on all of the following:
  5 16    a.  The need to prevent the congestion of confinement
  5 17 feeding operations especially near populated areas.
  5 18    b.  The availability of land for the application of manure
  5 19 originating from the confinement feeding operation.
  5 20    c.  The need to preserve areas of natural, scenic,
  5 21 historic, or cultural importance.
  5 22    2.  Except to the extent that a separation distance
  5 23 requirement does not apply under section 455B.165, a generally
  5 24 accepted agricultural management practice adopted pursuant to
  5 25 section 455B.118 may require a separation distance that is
  5 26 more stringent than provided under this part.  The distance
  5 27 requirement may apply between an animal feeding operation
  5 28 structure and an object or location benefiting from the
  5 29 separation distance requirement as provided in this part.  The
  5 30 accepted agricultural management practice shall not decrease a
  5 31 separation distance requirement otherwise provided in this
  5 32 part.
  5 33    Sec. 6.  Section 455B.162, unnumbered paragraph 1, Code
  5 34 Supplement 1999, is amended to read as follows:
  5 35    The Except to the extent that it is inconsistent with
  6  1 generally accepted agricultural management practices as
  6  2 provided in section 455B.161B, the following shall apply to
  6  3 animal feeding operation structures:
  6  4    Sec. 7.  Section 455B.200, Code 1999, is amended to read as
  6  5 follows:
  6  6    455B.200  GENERAL COMMISSION AUTHORITY; GENERALLY ACCEPTED
  6  7 AGRICULTURAL MANAGEMENT PRACTICES.
  6  8    1.  The commission shall establish by rule adopted pursuant
  6  9 to chapter 17A, requirements relating to the construction,
  6 10 including expansion, or operation of animal feeding
  6 11 operations, including related animal feeding operation
  6 12 structures.  The requirements shall include but are not
  6 13 limited to minimum manure control, the issuance of permits,
  6 14 and departmental investigations, inspections, and testing.
  6 15    2.  a.  Generally accepted agricultural management
  6 16 practices shall provide requirements for the siting of a
  6 17 confinement feeding operation based on criteria established to
  6 18 carry out the purposes provided in section 455B.118.  The
  6 19 practices shall provide for siting of confinement feeding
  6 20 operations, based on the all of the following:
  6 21    (1)  The suitability of soils and the hydrology of the
  6 22 site.
  6 23    (2)  Whether the construction or expansion of a proposed
  6 24 animal feeding operation structure will impede drainage
  6 25 through established tile lines, laterals, or other
  6 26 improvements which are constructed to facilitate the drainage
  6 27 of land not owned by the person applying for the construction
  6 28 permit.
  6 29    (3)  The proximity to fragile environmental areas.
  6 30    (4)  The proximity to drinking water supplies.
  6 31    b.  A generally accepted agricultural management practice
  6 32 adopted by the department or a county pursuant to section
  6 33 455B.118 may require a separation distance that is more
  6 34 stringent than provided under this part.  The distance
  6 35 requirement may apply between an animal feeding operation
  7  1 structure and an object or location benefiting from the
  7  2 separation distance requirement as provided in this part.  The
  7  3 generally accepted agricultural management practice shall not
  7  4 decrease a separation distance requirement otherwise provided
  7  5 in this part.
  7  6    Sec. 8.  Section 455B.200A, subsections 1 and 7, Code 1999,
  7  7 are amended to read as follows:
  7  8    1.  The department shall issue permits for the
  7  9 construction, including the expansion, of animal feeding
  7 10 operation structures, including structures which are part of
  7 11 confinement feeding operations, as provided by rules adopted
  7 12 pursuant to section 455B.200.  The department shall issue a
  7 13 permit to an animal feeding operation if an application is
  7 14 submitted according to procedures required by the department
  7 15 and the application meets standards established by the
  7 16 department, regardless of whether the animal feeding operation
  7 17 is required to obtain such a permit.  The department shall not
  7 18 issue a permit for the construction of a confinement feeding
  7 19 operation unless it complies with generally accepted
  7 20 agricultural management practices as provided in section
  7 21 455B.118.  The department shall not require that a person
  7 22 obtain a permit for the construction of an animal feeding
  7 23 operation structure if the structure is part of a small animal
  7 24 feeding operation.  For purposes of this section, an animal
  7 25 feeding operation structure includes a manure storage
  7 26 structure.
  7 27    7.  The department shall deliver a copy or require the
  7 28 applicant to deliver a copy of the application for a
  7 29 construction permit for the construction of a confinement
  7 30 feeding operation or related animal feeding operation
  7 31 structure, including the manure management plan and supporting
  7 32 documents, to the county board of supervisors in the county
  7 33 where the confinement feeding operation or related animal
  7 34 feeding operation structure subject to the permit is proposed
  7 35 to be constructed.
  8  1    Sec. 9.  Section 455B.204, subsection 2, unnumbered
  8  2 paragraph 1, Code 1999, is amended to read as follows:
  8  3    Except to the extent that it is inconsistent with generally
  8  4 accepted agricultural management practices as provided in
  8  5 section 455B.200, or as provided in subsection 3, the
  8  6 following shall apply:  
  8  7                           EXPLANATION
  8  8    This bill amends a number of provisions allowing for the
  8  9 siting of confinement feeding operations.  The bill amends
  8 10 provisions in Code section 335.2 that provide that county
  8 11 zoning does not apply to farming operations.  This bill amends
  8 12 that section to provide that a county may adopt a generally
  8 13 accepted agricultural management practices ordinance.  The
  8 14 ordinance must be approved by the department of natural
  8 15 resources.  The department may adopt its own generally
  8 16 accepted agricultural management practices for the siting of
  8 17 confinement feeding operations.  In both cases, the practices
  8 18 must carry out certain purposes, including preserving the
  8 19 outdoor atmosphere and the quality of the state's surface and
  8 20 subsurface waters from substances which may be injurious to
  8 21 human, animal, or plant life; or which may unreasonably
  8 22 interfere with the enjoyment of life and property.  The
  8 23 practices must accommodate the need to preserve the
  8 24 availability of farmland reserved for confinement feeding
  8 25 operations.  A generally accepted agricultural management
  8 26 practices council is established in order to assist the
  8 27 department in establishing practices or approving ordinances.
  8 28 The bill amends provisions in divisions of Code chapter 455B
  8 29 which regulate air and water quality.  The bill provides that
  8 30 the generally accepted agricultural management practices may
  8 31 increase required separation distances between animal feeding
  8 32 operation structures and objects and locations provided in the
  8 33 chapter.
  8 34    A person who violates provisions of Code chapter 455B
  8 35 regulating air quality is subject to a civil penalty of
  9  1 $10,000, and a person who violates provisions of the chapter
  9  2 regulating water quality is subject to a civil penalty of not
  9  3 more than $5,000.  However, a person classified as a habitual
  9  4 violator is subject to a civil penalty of not more than
  9  5 $25,000.  
  9  6 LSB 6168XS 78
  9  7 da/as/5
     

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