Text: HF00379                           Text: HF00381
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 380

Partial Bill History

Bill Text

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 to comments
  1 23 submitted submissions 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 the comments submissions 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 the board's comments submissions 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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