Text: HF00379 Text: HF00381 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.200A, Code 2001, is amended by 1 2 adding the following new subsection: 1 3 NEW SUBSECTION. 4A. The department shall approve or 1 4 disapprove a permit for the construction of a confinement 1 5 feeding operation or related animal feeding operation 1 6 structure, based on rules adopted by the department which 1 7 include consideration of the risk-based siting analysis 1 8 established pursuant to section 455B.200C. 1 9 Sec. 2. Section 455B.200A, subsection 7, Code 2001, is 1 10 amended by adding the following new paragraph after paragraph 1 11 a: 1 12 NEW PARAGRAPH. aa. A county which has adopted an 1 13 ordinance establishing a confinement feeding operation siting 1 14 review board as provided in section 455B.200D shall forward 1 15 the application to the review board for further consideration. 1 16 The process for determining siting shall proceed as provided 1 17 in section 455B.200D. The county board of supervisors may 1 18 submit the report of the confinement feeding operation siting 1 19 review board to the department. 1 20 Sec. 3. Section 455B.200A, subsection 7, paragraph d, Code 1 21 2001, is amended to read as follows: 1 22 d. The department shall consider and respond tocomments1 23submittedsubmissions delivered to the department by the 1 24 county board of supervisors regarding compliance by the 1 25 applicant with the legal requirements for approving the 1 26 construction permit as provided in this chapter, including 1 27 rules adopted by the department pursuant to section 455B.200, 1 28 if thecommentssubmissions are delivered to the department 1 29 within thirty days after receipt of the application by the 1 30 county board of supervisors. Upon written request by a county 1 31 resident, the county board of supervisors shall forward a copy 1 32 of theboard's commentssubmissions and the department's 1 33 responses to the county resident as provided in chapter 22. 1 34 Sec. 4. NEW SECTION. 455B.200C SITING BASED ON RISK- 1 35 BASED ANALYSIS. 2 1 1. The department shall adopt rules establishing a risk- 2 2 based siting analysis according to recommendations made to the 2 3 department by a technical advisory committee established 2 4 pursuant to this section. The technical advisory committee 2 5 shall compile data and develop, review, and update the siting 2 6 analysis used to determine appropriate locations to construct 2 7 an animal feeding operation structure which is partly a 2 8 confinement feeding operation, including its orientation to 2 9 other objects or locations for which separation distances are 2 10 required pursuant to sections 455B.162 and 455B.204. The 2 11 siting analysis shall provide a calculation of risks to the 2 12 natural environment and the public health, comfort, and 2 13 safety. The analysis shall be created as a computer model 2 14 which shall account for topography, surface water drainage 2 15 characteristics, seasonal air flow, suitability of the soils 2 16 and the hydrology or hydrogeology of the site, the population 2 17 density of the area, the character of residential development 2 18 in the area, and factors related to land use planning. The 2 19 analysis shall be designed to allow the department or a county 2 20 confinement feeding operation siting review board to determine 2 21 the appropriateness of the siting based on degrees of risk to 2 22 the natural environment or the use of property by neighbors to 2 23 the confinement feeding operation, including the degree to 2 24 which the establishment of a conservation practice as provided 2 25 in section 455B.207 may mitigate the risk. The analysis shall 2 26 be used to determine whether a high, medium, or de minimus 2 27 risk is present. 2 28 2. The technical advisory committee shall be composed of 2 29 all of the following: 2 30 a. The presidents of the university of Iowa, Iowa state 2 31 university, and the university of northern Iowa or their 2 32 designees. 2 33 b. The director of public health or a designee. 2 34 c. The director of the soil conservation division of the 2 35 department of agriculture and land stewardship or a designee. 3 1 d. The director of the center for agricultural health and 3 2 safety at the university of Iowa or a designee. 3 3 e. The administrator of the energy and geological 3 4 resources division of the department of natural resources or a 3 5 designee who is responsible for the administration of the 3 6 geological survey. 3 7 f. The administrator of the environmental protection 3 8 division of the department of natural resources or a designee 3 9 who is responsible for administering air quality regulations 3 10 for the department. 3 11 g. The head of the Iowa waste reduction center for the 3 12 safe and economic management of solid waste and hazardous 3 13 substances at the university of northern Iowa or a designee. 3 14 h. A person representing the United States department of 3 15 agriculture natural resources conservation service, if 3 16 appointed by the service. 3 17 i. The president of the Iowa groundwater association or 3 18 the president's designee who is a ground water professional 3 19 pursuant to section 455G.18. 3 20 j. The chairperson of the Iowa environmental council or 3 21 the chairperson's designee. 3 22 k. An engineer employed by a city or county who is 3 23 appointed jointly by the Iowa league of cities and Iowa state 3 24 association of counties. 3 25 l. The titular head or the head's designee of an 3 26 organization serving agricultural producers generally as 3 27 recognized by the governor. 3 28 3. The members of the technical advisory committee shall 3 29 be reimbursed for their actual expenses for performing the 3 30 official duties of the advisory committee. 3 31 Sec. 5. NEW SECTION. 455B.200D COUNTY CONFINEMENT 3 32 FEEDING OPERATION SITING REVIEW BOARD. 3 33 1. Notwithstanding section 331.304A, a county may adopt an 3 34 ordinance to establish a confinement feeding operation siting 3 35 review board. The purpose of the board shall be to review the 4 1 appropriateness of siting an animal feeding operation 4 2 structure which is part of a confinement feeding operation at 4 3 a proposed site in the county, prior to the approval of a 4 4 permit by the department for the construction of the 4 5 structure, as provided in section 455B.200A. 4 6 2. The board shall be composed of all of the following: 4 7 a. A commissioner of the soil and water conservation 4 8 district in the county who shall be appointed by the 4 9 commissioners. If more than one district is located in the 4 10 county, the board of supervisors for the county shall 4 11 designate the district to be represented on a rotating basis. 4 12 b. Two members of the board of supervisors of the county 4 13 who shall be appointed by the county board of supervisors. 4 14 c. The county engineer for the county or a designee. 4 15 d. The head of the local board of health for the county or 4 16 a designee, who may be the county sanitarian. 4 17 e. The titular head or the head's designee of an 4 18 organization serving agricultural producers generally having a 4 19 presence in the county as recognized by the county's board of 4 20 supervisors. 4 21 3. In performing the siting analysis, the board shall 4 22 determine whether the siting of the animal feeding operation 4 23 structure presents a high, medium, or de minimus risk to the 4 24 natural environment or the use of property by neighbors to the 4 25 confinement feeding operation. 4 26 a. If the board determines that a high risk is present, 4 27 the board shall reject the proposed siting which determination 4 28 shall not be reversed by the department, unless the department 4 29 finds that the determination is unreasonable, arbitrary, 4 30 capricious, or otherwise beyond the authority delegated to the 4 31 board under this section. 4 32 b. If the board determines that a medium risk is present, 4 33 the board shall reject the proposed siting which determination 4 34 may be reversed by the department, if the department applies 4 35 the siting analysis and determines that only a de minimus risk 5 1 is present. The board is not required to report its 5 2 determination to the county board of supervisors if the board 5 3 agrees to review an amended siting proposal submitted by the 5 4 applicant. If an amended siting proposal is submitted by the 5 5 applicant, the board and the applicant must execute an 5 6 agreement to suspend the time limits for delivering 5 7 submissions by the county to the department and for 5 8 departmental approval or disapproval of a construction permit 5 9 as required by section 455B.200A. The county shall deliver 5 10 the agreement to the department according to procedures 5 11 required by the department. The time limits as provided in 5 12 section 455B.200A shall be suspended according to the terms 5 13 and conditions provided in the agreement. The review board 5 14 may consider amendments which provide a different site, the 5 15 change in the orientation or size of the animal feeding 5 16 operation structure, or the establishment and maintenance of 5 17 conservation practices as provided in section 455B.207. The 5 18 board shall not approve an amended proposal unless the board 5 19 determines that only a de minimus risk is present. 5 20 c. If the board determines that a de minimus risk is 5 21 present, the board shall approve the proposed siting, which 5 22 determination may be reversed by the department, if the 5 23 department finds that the determination is unreasonable, 5 24 arbitrary, capricious, or otherwise beyond the authority 5 25 delegated to the board under this section. 5 26 Sec. 6. NEW SECTION. 455B.207 CONSERVATION PRACTICES 5 27 PROGRAM – COST-SHARE MONEYS. 5 28 1. The division of soil conservation of the department of 5 29 agriculture and land stewardship shall establish and 5 30 administer a program to provide financial incentives to 5 31 support conservation practices on land where confinement 5 32 feeding operations are located. A landowner who chooses to 5 33 participate in the program must establish the conservation 5 34 practice according to an agreement in which the landowner 5 35 promises to establish and maintain the conservation practice 6 1 in return for financial incentives. 6 2 2. A conservation practice includes any practice that is 6 3 designed to protect environmental quality from activities 6 4 associated with a confinement feeding operation, including all 6 5 of the following: 6 6 a. Water quality practices designed to protect water 6 7 sources, including but not limited to the establishment of 6 8 stream buffer strips, erosion control structure construction, 6 9 the establishment of permanent grass and buffer zones, filter 6 10 strips, and erosion control structures, and practices to 6 11 mitigate the effects of concentrated contamination on surface 6 12 and subsurface water quality from manure originating from 6 13 confinement feeding operations. 6 14 b. Air quality practices, including but not limited to the 6 15 establishment of stands of fast growing trees or wind barriers 6 16 around confinement feeding operations and agricultural land 6 17 where manure is stored or applied. 6 18 3. The financial incentives shall be allocated by the 6 19 division on a cost-share basis which does not exceed fifty 6 20 percent of the estimated cost of establishing the practices, 6 21 or fifty percent of the actual cost, whichever is less. 6 22 4. The division shall adopt rules necessary to administer 6 23 this section. 6 24 Sec. 7. STUDY. The university of Iowa, Iowa state 6 25 university, and the university of northern Iowa, under the 6 26 direction of the state board of regents, shall cooperate in 6 27 performing a study of the social and economic impacts 6 28 associated with the expansion of confinement feeding 6 29 operations in this state. The universities shall prepare and 6 30 submit a report to the general assembly not later than January 6 31 1, 2003. 6 32 EXPLANATION 6 33 This bill amends Code chapter 455B, which generally 6 34 regulates environmental protection in the state by the 6 35 department of natural resources. The bill amends current 7 1 provisions providing for the regulation of confinement feeding 7 2 operations, including Code section 455B.200A, which provides 7 3 for departmental issuance of permits for the construction of 7 4 animal feeding operation structures that are part of 7 5 confinement feeding operations (e.g., confinement buildings 7 6 and manure storage structures). The section provides for the 7 7 siting of these structures with some participation by 7 8 counties. Generally, under Code section 331.304A, a county is 7 9 prohibited from establishing locations for confinement feeding 7 10 operations. 7 11 The bill provides that the department must establish a 7 12 risk-based siting analysis according to recommendations made 7 13 to the department by a technical advisory committee. The 7 14 committee is responsible for compiling data and developing, 7 15 review, and updating the siting analysis used to determine 7 16 appropriate locations to construct an animal feeding operation 7 17 structure associated with a confinement feeding operation. 7 18 The analysis is to provide a calculation of risks to the 7 19 natural environment and the public health, comfort, and safety 7 20 based on computer modeling which accounts for a number of 7 21 factors (e.g., topography, surface water drainage 7 22 characteristics, seasonal air flow, soil conditions, hydrology 7 23 or hydrogeology, population density, and the character of 7 24 residential development in the area). The analysis is used to 7 25 determine whether a high, medium, or de minimus risk is 7 26 present. 7 27 The bill provides that, notwithstanding Code section 7 28 331.304A, a county may adopt an ordinance to establish a 7 29 confinement feeding operation siting review board. The 7 30 purpose of the board is to review the appropriateness of 7 31 siting an animal feeding operation structure associated with a 7 32 confinement feeding operation at a proposed site in the 7 33 county, prior to the approval of a permit by the department 7 34 for the construction of the structure. In performing the 7 35 siting analysis, the board is required to determine whether 8 1 the siting of the animal feeding operation presents a high, 8 2 medium, or de minimus risk to the natural environment or the 8 3 use of property by neighbors to the confinement feeding 8 4 operation. 8 5 If the board determines that there is a high risk, the 8 6 board must reject the proposed siting which determination 8 7 shall not be reversed by the department, unless the department 8 8 finds that the determination is unreasonable, arbitrary, 8 9 capricious, or otherwise beyond the authority delegated to the 8 10 board. If the board determines that there is a medium risk, 8 11 the board must reject the proposed siting which determination 8 12 may be reversed by the department, if the department applies 8 13 the siting analysis and determines that only a de minimus risk 8 14 is present. The board and the applicant may execute an 8 15 agreement to suspend the time limits for delivering 8 16 submissions by the county to the department and for 8 17 departmental approval or disapproval of a construction permit. 8 18 If the board determines that only a de minimus risk is 8 19 present, the board must approve the proposed siting, which 8 20 determination may be reversed by the department, if the 8 21 department finds that the determination is unreasonable, 8 22 arbitrary, capricious, or otherwise beyond the authority 8 23 delegated to the board. 8 24 Generally under Code chapter 455B, a person who violates a 8 25 provision regulating animal feeding operations is subject to a 8 26 civil penalty. This bill amends water quality provisions. A 8 27 person violating a water quality provision is subject to a 8 28 civil penalty of up to $5,000. 8 29 The bill requires the division of soil conservation of the 8 30 department of agriculture and land stewardship to establish 8 31 and administer a program to provide financial incentives to 8 32 support conservation practices on land where confinement 8 33 feeding operations are located. A landowner who chooses to 8 34 participate in the program must establish the conservation 8 35 practice according to an agreement in which the landowner 9 1 promises to establish and maintain the conservation practice 9 2 in return for financial incentives. A conservation practice 9 3 includes any practice which is designed to protect 9 4 environmental quality from activities associated with a 9 5 confinement feeding operation, including practices related to 9 6 air and water quality. The bill provides that the financial 9 7 incentives are awarded on a cost-share basis. 9 8 The bill also provides for a study to be conducted by the 9 9 university of Iowa, Iowa state university, and the university 9 10 of northern Iowa, who are required to cooperate to consider 9 11 the social and economic impacts associated with the expansion 9 12 of confinement feeding operations in this state. 9 13 LSB 1954HH 79 9 14 da/pj/5
Text: HF00379 Text: HF00381 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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