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PAG LIN 1 1 Section 1. NEW SECTION. 335.1A DEFINITIONS. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Animal feeding operation structure" means the same as 1 5 defined in section 455B.161. 1 6 2. "Animal weight capacity" means the same as defined in 1 7 section 455B.161. 1 8 3. "Confinement feeding operation" means the same as 1 9 defined in section 455B.161. 1 10 4. "Egg washwater storage structure" means the same as 1 11 defined in section 455B.161. 1 12 5. "Farm operation" means a condition or activity which 1 13 occurs on farmland relating to the production of farm products 1 14 which may include but are not limited to any of the following: 1 15 the raising, harvesting, drying, or storage of crops; the care 1 16 or feeding of livestock; the handling or transportation of 1 17 crops or livestock; the storage, treatment, transportation, 1 18 application, or disposal of livestock manure or wastes; the 1 19 operation of farm machinery and irrigation pumps; ground and 1 20 aerial seeding and spraying; and the application of chemical 1 21 fertilizers, conditioners, insecticides, pesticides, and 1 22 herbicides. 1 23 6. "Farm product" means a product produced from a farm 1 24 operation. 1 25 7. "Farmland" means land and buildings used in the 1 26 commercial production of farm products. 1 27 8. "Manure storage structure" means a formed or unformed 1 28 manure storage structure as defined in section 455B.161. 1 29 9. "Small animal feeding operation" means the same as 1 30 defined in section 455B.161. 1 31 Sec. 2. Section 335.2, Code 2001, is amended to read as 1 32 follows: 1 33 335.2FARMS EXEMPTFARM OPERATIONS EXEMPTION. 1 34 1. Exceptto the extent required to implement section1 35335.27, noas provided in subsection 2, an ordinance adopted 2 1 under this chapterappliesshall not apply toland, farm2 2 farming operations, including farmland and related structures 2 3 such as houses,farmbarns,farmor outbuildingsor other2 4buildings or structureswhich are primarily adapted, by reason 2 5 of nature and area, foruse foragricultural purposes, while2 6so used.However, the ordinances2 7 2. A county board of supervisors mayapply to anyadopt an 2 8 ordinance under this chapter which applies to any of the 2 9 following: 2 10 a. The implementation of an agricultural land preservation 2 11 ordinance, as provided in section 335.27. 2 12 b. A structure, building, dam, obstruction, deposit, or 2 13 excavation in or on the flood plains ofanya river or stream. 2 14 c. The siting of a confinement feeding operation, as 2 15 provided in section 335.2A. 2 16 Sec. 3. NEW SECTION. 335.2A CONFINEMENT FEEDING 2 17 OPERATIONS. 2 18 1. Notwithstanding section 331.304A, a county may adopt a 2 19 confinement feeding operations siting ordinance which shall be 2 20 part of other regulations provided in this chapter. The 2 21 ordinance shall regulate the siting of confinement feeding 2 22 operation buildings and related manure storage structures. 2 23 The ordinance shall be subject to adoption by the county board 2 24 of supervisors, upon recommendation by the county's zoning 2 25 commission as provided in section 335.8. The county board of 2 26 supervisors shall adopt the ordinance in the same manner as 2 27 other regulations adopted pursuant to this chapter. 2 28 2. An ordinance adopted under this section shall include a 2 29 siting plan as follows: 2 30 a. The plan shall do all of the following: 2 31 (1) Preserve the availability of farmland for confinement 2 32 feeding operations. 2 33 (2) Encourage efficient urban development patterns that do 2 34 not burden farmland under the plan for confinement feeding 2 35 operations. The plan shall attempt to prevent congestion and 3 1 overcrowding of confinement feeding operations, especially 3 2 near cities. 3 3 (3) Preserve and protect natural resources, including 3 4 water sources, fragile environmental locations, and 3 5 recreational areas. 3 6 b. The plan may provide different regulations for 3 7 confinement feeding operations based on all of the following: 3 8 (1) The animal weight capacity of the confinement feeding 3 9 operation. 3 10 (2) The type of animal feeding operation structures 3 11 included within the confinement feeding operation. 3 12 (3) The availability of land for the application of manure 3 13 which originates from the confinement feeding operation. 3 14 3. The ordinance shall not apply to a small animal feeding 3 15 operation. 3 16 4. a. The ordinance shall not violate any requirement of 3 17 chapter 455B, or rules adopted by the department of natural 3 18 resources pursuant to that chapter. However, the ordinance 3 19 may provide for separation distance requirements that exceed 3 20 the requirements of chapter 455B, division II, part 2, or 3 21 section 455B.204. The separation distance requirement may be 3 22 based on guidelines established by the department of natural 3 23 resources pursuant to sections 455B.165 and 455B.204 and shall 3 24 to every extent practicable be based on the methodology 3 25 established by the department pursuant to those sections. 3 26 b. The ordinance shall be consistent with the county's 3 27 comprehensive plan as required by section 335.5, and other 3 28 regulations adopted pursuant to this chapter. 3 29 c. The ordinance shall not prohibit the operation of 3 30 confinement feeding operations constructed prior to the 3 31 effective date of the ordinance. 3 32 5. The ordinance shall provide for review and approval or 3 33 disapproval of proposals to construct confinement feeding 3 34 operations, including the construction of a confinement 3 35 building or related manure storage structures. 4 1 a. The ordinance shall provide for methods and procedures 4 2 required for timely submission, review, and approval or 4 3 disapproval of proposals. The ordinance shall also provide 4 4 procedures for forwarding proposals as part of applications 4 5 for construction permits to the department of natural 4 6 resources for consideration or appeal as provided in this 4 7 section and section 455B.200A. 4 8 b. The ordinance shall require the planning and zoning 4 9 commission to review each proposal and recommend to the board 4 10 of supervisors that the proposal be approved or disapproved. 4 11 The board of supervisors shall approve or disapprove the 4 12 proposal after considering all relevant information, including 4 13 the commission's recommendation. The commission's 4 14 recommendation and the board's decision shall be based solely 4 15 on whether the proposal satisfies the requirements of the 4 16 ordinance. 4 17 6. If the board receives an application for the 4 18 construction of an animal feeding operation structure that is 4 19 part of a confinement feeding operation as provided in section 4 20 455B.200A, the board shall consider the proposal as part of 4 21 the application. Within thirty days from the date that the 4 22 application is acted upon by the board, the county shall 4 23 forward the application to the department of natural 4 24 resources. Regardless of the board's decision to approve or 4 25 disapprove the application, the board may submit comments to 4 26 the department regarding compliance by the applicant with the 4 27 requirements for the construction of the animal feeding 4 28 operation structure as provided in this section and chapter 4 29 455B. If the board disapproves the application, the board 4 30 shall endorse the disapproval upon the application for 4 31 submission to the department. 4 32 Sec. 4. Section 335.8, Code 2001, is amended to read as 4 33 follows: 4 34 335.8 ZONING COMMISSIONAPPOINTED. 4 35 1.In order to avail itself of the powers conferred by5 1this chapter, theThe board of supervisors shallappoint5 2 establish a zoning commission, a. The board shall appoint 5 3 members to the commission. A majority ofwhosethe members 5 4 shall reside within the county but outside the corporate 5 5 limits of any city, to be known as the county zoning5 6commission, to recommend. The zoning commission shall do all 5 7 of the following: 5 8 a. Recommend the boundaries ofthe variousoriginal 5 9 districts, and appropriate regulations and restrictions to be 5 10 enforcedthereinwithin those districts.SuchThe commission 5 11 shall, with due diligence, prepare a preliminary report and 5 12 hold public hearingsthereonon the preliminary report before 5 13 submittingitsa final report; and the. The board of 5 14 supervisors shall not holditspublic hearings or take action 5 15 untilitthe board has received the final reportof such5 16commission. After the adoption of such regulations, 5 17 restrictions, and boundaries of districts, the zoning 5 18 commission may, from time to time, recommend to the board of 5 19 supervisors amendments, supplements, changes, or 5 20 modifications. 5 21 b. Provide for the siting of confinement feeding 5 22 operations as follows: 5 23 (1) The zoning commission shall prepare a confinement 5 24 feeding operations siting ordinance including a plan for 5 25 siting for recommendation to the board of supervisors as 5 26 provided in section 335.2A. The zoning commission shall 5 27 prepare and recommend the ordinance or any amendments, 5 28 supplements, changes, or modifications to the ordinance, in 5 29 the same manner as other regulations pursuant to paragraph 5 30 "a". The zoning commission shall not make a recommendation 5 31 without holding a public hearing in the same manner as 5 32 provided in section 335.6. 5 33 (2) The zoning commission shall review and recommend the 5 34 approval or disapproval of a proposal for the construction of 5 35 a confinement feeding operation as provided in section 335.2A 6 1 based on compliance with the confinement feeding operations 6 2 siting ordinance. 6 3 2. The zoning commission, with the approval of the board 6 4 of supervisors, may contract with professional consultants, 6 5 regional planning commissions, theIowadepartment of economic 6 6 development, the department of natural resources, or the 6 7 federal government, for local planning assistance. 6 8 PART 2 6 9 ANIMAL FEEDING OPERATIONS 6 10 Sec. 5. NEW SECTION. 455B.121 DEFINITIONS. 6 11 As used in this part, unless the context otherwise 6 12 requires: 6 13 1. "Animal agriculture compliance fee" or "compliance fee" 6 14 means the animal agriculture compliance fee established in 6 15 section 455B.122. 6 16 2. "Animal agriculture compliance fund" or "compliance 6 17 fund" means the animal agriculture compliance fund created in 6 18 section 455B.124. 6 19 3. "Animal feeding operation" means the same as defined in 6 20 section 455B.161. 6 21 4. "Animal unit of capacity" means the same as defined in 6 22 section 455J.1. 6 23 5. "Animal weight capacity" means the same as defined in 6 24 section 455B.161. 6 25 6. "Compliance costs" means all expenditures incurred or 6 26 obligated by the department in administering and enforcing the 6 27 provisions of this chapter necessary to ensure that animal 6 28 feeding operations comply with all applicable requirements of 6 29 this chapter, including rules adopted by the department 6 30 pursuant to this chapter. 6 31 7. "Confinement feeding operation" means the same as 6 32 defined in section 455B.161. 6 33 Sec. 6. NEW SECTION. 455B.122 ANIMAL AGRICULTURE 6 34 COMPLIANCE FEES – ESTABLISHMENT. 6 35 1. There is established an animal agriculture compliance 7 1 fee which shall be annually assessed against owners of 7 2 confinement feeding operations required to submit a manure 7 3 management plan pursuant to section 455B.203. 7 4 2. The rate for assessing compliance fees shall be 7 5 established and adjusted each year by the department pursuant 7 6 to rule, which shall be effective on the following July 1 of 7 7 that year. The rate shall be adjusted as provided in section 7 8 455B.123. The rate shall expire on the following June 30. 7 9 a. The rate of assessment for the compliance fee shall be 7 10 calculated for each animal unit of capacity for confinement 7 11 feeding operations. 7 12 b. The department may establish different schedules of 7 13 rates that provide for greater assessments according to the 7 14 size of confinement feeding operations. The department may 7 15 establish categories of size for confinement feeding 7 16 operations based on animal weight capacity in the same manner 7 17 provided in section 455J.3. The department may assess 7 18 confinement feeding operations differently based on the 7 19 species of animals maintained there. 7 20 3. a. A compliance fee is delinquent on July 10. The 7 21 department shall assess a delinquency penalty for fees that 7 22 are not timely remitted. The amount of the delinquency 7 23 penalty shall be considered part of the compliance fee. 7 24 b. The amount of the delinquency penalty shall not exceed 7 25 twenty-five percent of the amount due on July 1, unless the 7 26 compliance fee, including delinquency payment, is not paid by 7 27 September 1. In that event, the amount of the delinquency 7 28 penalty shall not exceed fifty percent of the amount due on 7 29 July 1. 7 30 c. The amount of the assessed compliance fee, including 7 31 the delinquency penalty, shall constitute a debt due the state 7 32 and become the basis of a judgment against the delinquent 7 33 person. 7 34 d. If a delinquency remains uncured after September 1, an 7 35 owner shall be subject to disciplinary action as provided in 8 1 section 455B.124. 8 2 4. All moneys collected from the compliance fee shall be 8 3 deposited in the animal agriculture compliance fund as 8 4 provided in section 455B.125. 8 5 Sec. 7. NEW SECTION. 455B.123 ANIMAL AGRICULTURE 8 6 COMPLIANCE FEES – ADJUSTMENT. 8 7 Prior to July 1, the department shall determine the balance 8 8 of moneys available to completely pay compliance costs for the 8 9 next fiscal year by calculating the ending balance of the 8 10 animal agriculture compliance fund on June 30. 8 11 1. a. If the calculation indicates a balance of 8 12 unexpended and unobligated moneys expected to be available on 8 13 June 30 of three hundred thousand dollars or more, the 8 14 department shall decrease the rate of assessment for the next 8 15 fiscal year by an amount which will result in an ending 8 16 estimated balance of moneys for June 30 of the next fiscal 8 17 year of three hundred thousand dollars. 8 18 b. If the calculation indicates a balance of unexpended 8 19 and unobligated moneys expected to be available on June 30 of 8 20 less than three hundred thousand dollars, the department shall 8 21 increase the rate of assessment for the next fiscal year by an 8 22 amount which will result in an ending estimated balance of 8 23 such funds for June 30 of the next fiscal year of three 8 24 hundred thousand dollars. 8 25 2. The department shall not adjust the compliance fee by 8 26 adopting a rule that increases the average rate of assessment 8 27 of ten percent or more than the average rate of assessment for 8 28 the current fiscal year, unless the rate increase is approved 8 29 by the executive council prior to June 1 of the current fiscal 8 30 year. After that date, the assessment shall be suspended for 8 31 the current fiscal year, unless the department adjusts the 8 32 rate effective July 1 in a manner that does not require 8 33 executive council approval. 8 34 3. Notwithstanding section 17A.5, a rule adopted under 8 35 this section shall not become effective immediately upon 9 1 filing and shall not be made retroactively applicable. 9 2 Sec. 8. NEW SECTION. 455B.124 DELINQUENCIES – 9 3 DISCIPLINARY ACTION. 9 4 If an owner of a confinement feeding operation is 9 5 delinquent in remitting an animal agriculture compliance fee 9 6 on September 1 as provided in section 455B.122, then beginning 9 7 on September 2, the owner shall be subject to disciplinary 9 8 action as follows: 9 9 1. The department shall not approve any of the following: 9 10 a. An application submitted by the person for a permit to 9 11 construct an animal feeding operation structure as provided in 9 12 section 455B.200A. 9 13 b. A manure management plan submitted by the person as 9 14 provided in section 455B.203. 9 15 2. The manure management plan for a confinement feeding 9 16 operation owned by the person shall be automatically 9 17 unapproved as provided in section 455B.203. The owner may 9 18 resubmit the manure management plan upon payment of all 9 19 delinquent animal agriculture compliance fees. 9 20 Sec. 9. NEW SECTION. 455B.125 ANIMAL AGRICULTURE 9 21 COMPLIANCE FUND. 9 22 1. An animal agriculture compliance fund is created in the 9 23 state treasury under the control of the department. The 9 24 compliance fund is separate from the general fund of the 9 25 state. 9 26 2. The compliance fund is composed of moneys appropriated 9 27 by the general assembly and moneys available to and obtained 9 28 or accepted by the department from the United States or 9 29 private sources for placement in the compliance fund. The 9 30 compliance fund shall include moneys deposited into the fund 9 31 from the animal agriculture compliance fee as provided in 9 32 section 455B.122. 9 33 3. Moneys in the compliance fund are appropriated to the 9 34 department exclusively to pay for compliance costs. The 9 35 moneys shall not be transferred, used, obligated, 10 1 appropriated, or otherwise encumbered except as provided in 10 2 this section. 10 3 4. The department shall annually review debits of and 10 4 credits to the compliance fund and shall make any adjustments 10 5 in the rate of assessment of compliance fees as required under 10 6 section 455B.123 that are necessary to maintain the fund 10 7 within the limits established under that section. 10 8 5. Notwithstanding section 8.33, any unexpended balance in 10 9 the compliance fund at the end of the fiscal year shall be 10 10 retained in the fund. Notwithstanding section 12C.7, 10 11 subsection 2, interest or earnings on investments or time 10 12 deposits of the moneys in the compliance fund shall be 10 13 credited to the fund. 10 14 Sec. 10. NEW SECTION. 455B.130 APPEALS – CONFINEMENT 10 15 FEEDING OPERATIONS. 10 16 1. An administrative law judge shall consider appeals 10 17 regarding applications for permits for the construction of 10 18 animal feeding operation structures that are part of 10 19 confinement feeding operations, based on an appeal of the 10 20 application's disapproval by the county board of supervisors 10 21 or the department as provided in sections 335.2A and 10 22 455B.200A. The administrative law judge shall act as the 10 23 presiding officer of the appeal in the same manner as provided 10 24 in chapter 17A for contested case proceedings. 10 25 2. An applicant whose application was disapproved must 10 26 submit a petition for appeal to the department in the same 10 27 manner as a contested case proceeding conducted under chapter 10 28 17A. The department shall deliver a notice of the appeal to 10 29 the county board of supervisors as provided by rules adopted 10 30 by the department. 10 31 3. An appeal shall be heard in the same manner as a 10 32 contested case proceeding under chapter 17A. The parties to 10 33 the appeal shall be the department, the county board of 10 34 supervisors, and the applicant. 10 35 4. If the administrative law judge determines that the 11 1 department or county board of supervisors acted arbitrarily, 11 2 capriciously, or without reasonable cause in disapproving the 11 3 application, the administrative law judge shall order that the 11 4 application be approved with any modifications or conditions 11 5 established by the administrative law judge. The 11 6 determination by the administrative law judge shall be final 11 7 agency action for purposes of 17A. 11 8 Sec. 11. Section 455B.165, Code 2001, is amended by adding 11 9 the following new subsection: 11 10 NEW SUBSECTION. 9. A separation distance requirement that 11 11 is provided in a confinement feeding operation siting 11 12 ordinance adopted by a county board of supervisors pursuant to 11 13 section 335.2A. The ordinance shall not include a requirement 11 14 providing a lesser separation distance than is provided for in 11 15 this part. If requested by a county, the department shall 11 16 provide recommendations with guidelines for increasing 11 17 required separation distances based on a methodology which 11 18 considers topographic, hydrologic, climatic, or demographic 11 19 factors. 11 20 Sec. 12. NEW SECTION. 455B.166 CLEAN AIR STANDARDS. 11 21 The department shall develop comprehensive plans and 11 22 programs for the abatement, control, and prevention of 11 23 airborne pollutants originating from confinement feeding 11 24 operations. The department shall require confinement feeding 11 25 operations to comply with standards necessary in order to 11 26 protect the public health and welfare. The department may 11 27 establish schedules for compliance. The standards may vary 11 28 based on the animal weight capacity of the confinement feeding 11 29 operation and the distance from an object or location for 11 30 which a separation distance is required pursuant to section 11 31 455B.162. The standards, to every extent practicable, shall 11 32 apply to dust and gases containing compounds which produce 11 33 odor or may have a deleterious effect upon human health, 11 34 including but not limited to hydrogen sulfide, ammonia, 11 35 methane, and any class of mercaptan. The standards shall not 12 1 apply to small animal feeding operations. 12 2 Sec. 13. Section 455B.200A, subsection 2, paragraph a, 12 3 Code 2001, is amended to read as follows: 12 4 a. The following fees: 12 5 (1) An indemnity fee for the confinement feeding operation 12 6 as provided in section 455J.3 which the department shall 12 7 deposit into the manure storage indemnity fund created in 12 8 section 455J.2. 12 9 (2) An animal agriculture compliance fee for the 12 10 confinement feeding operation or for any confinement feeding 12 11 operation owned by the person, as provided in section 12 12 455B.122, which the department shall deposit into the animal 12 13 agriculture compliance fund created in section 455B.125. If 12 14 the person is delinquent in remitting an animal agriculture 12 15 compliance fee, the person shall be subject to disciplinary 12 16 action as provided in section 455B.124. 12 17 Sec. 14. Section 455B.200A, subsections 6 and 8, Code 12 18 2001, are amended to read as follows: 12 19 6. The department shall make a determination regarding the 12 20 approval ordenialdisapproval of an application for a permit 12 21 to construct an animal feeding operation structure within 12 22 sixty days from the date that the department receives a 12 23 completed application for a permit. 12 24 8. a. If the application is for the construction of an 12 25 animal feeding operation structure which is part of a 12 26 confinement feeding operation other than a confinement feeding 12 27 operation subject to a confinement feeding operations siting 12 28 ordinance as provided in section 335.2A, all of the following 12 29 shall apply: 12 30 (1) The department shall notify the county board of 12 31 supervisors of the county where a confinement feeding 12 32 operation or related animal feeding operation structure 12 33 subject to a construction permit is proposed to be 12 34 constructed. The notice shall state the department's decision 12 35 to approve or disapprove an application for the construction 13 1 permit. The notice shall be delivered to the county within 13 2 three days following the department's decision. 13 3 (2) The county board of supervisors may contest the 13 4 decision to approve or disapprove an application by filing a 13 5 demand for a hearing before the commission as provided by 13 6 rules adopted by the department in conformance with chapter 13 7 17A. In contesting the decision, the county shall submit a 13 8 statement to the department, providing all reasons why the 13 9 application should be approved or disapproved according to 13 10 legal requirements provided in this chapter. 13 11 b. If the application is for the construction of an animal 13 12 feeding operation structure which is part of a confinement 13 13 feeding operation that is subject to a confinement feeding 13 14 operations siting ordinance as provided in section 335.2A, all 13 15 of the following shall apply: 13 16 (1) If the department does not receive an application 13 17 endorsed by a county board of supervisors pursuant to section 13 18 335.2A, the county shall be presumed to have approved of the 13 19 application as provided in that section. 13 20 (2) If the county board of supervisors in the county where 13 21 the structure is proposed to be constructed has forwarded a 13 22 proposal with a decision to disapprove the application, the 13 23 department shall approve or disapprove the application. If 13 24 the application is forwarded with a decision to approve the 13 25 proposal or is forwarded without decision, the department 13 26 shall either approve or disapprove the application. 13 27 (3) Once the department decides to approve or to 13 28 disapprove an application, the department shall notify the 13 29 county board of supervisors and the applicant of the 13 30 application's status, including an approval or disapproval by 13 31 the county and the department. If the department or county 13 32 has disapproved the application, the notice shall inform the 13 33 applicant that the applicant has a right to appeal under 13 34 section 455B.130. The department shall return any indemnity 13 35 fee submitted with an application that is not approved. 14 1 Sec. 15. Section 455B.203, subsection 2, Code 2001, is 14 2 amended to read as follows: 14 3 2. A person shall not remove manure from a manure storage 14 4 structure which is part of a confinement feeding operation for 14 5 which a manure management plan is required under this section, 14 6 unless the department approves a manure management plan 14 7 submitted by the owner of the confinement feeding operation as 14 8 provided by the department on forms prescribed by the 14 9 department. 14 10 a. The department may adopt rules allowing a person to 14 11 remove manure from a manure storage structure until the manure 14 12 management plan is approved or disapproved by the department 14 13 according to terms and conditions required by rules adopted by 14 14 the department. 14 15 b. The department shall approve or disapprove a manure 14 16 management plan within sixty days of the date that the 14 17 department receives a completed plan. However, the department 14 18 shall not approve a manure management plan submitted by the 14 19 owner of a confinement feeding operation unless the owner 14 20 submits an animal agriculture compliance fee as provided in 14 21 section 455B.122. If the owner is delinquent in remitting the 14 22 compliance fee, the person shall be subject to disciplinary 14 23 action as provided in section 455B.124. 14 24 c. The department shall not issue a permit for the 14 25 construction of a confinement feeding operation or a related 14 26 animal feeding operation structure unless the applicant 14 27 submits a manure management plan together with an application 14 28 as provided in section 455B.200A. 14 29 Sec. 16. Section 455B.203, subsection 3, paragraph a, Code 14 30 2001, is amended to read as follows: 14 31 a. Calculations necessary to determine the land area 14 32 required for the application of manure from a confinement 14 33 feeding operation. The calculations shall be based on 14 34 nitrogen and phosphorus use levels in order to obtain optimum 14 35 crop yields according to a crop schedule specified in the 15 1 plan, and according to requirements adopted by the department 15 2 after receiving recommendations from the animal agriculture 15 3 consulting organization provided for in 1995 Iowa Acts, 15 4 chapter 195, section 37. 15 5 Sec. 17. Section 455B.204, subsection 3, Code 2001, is 15 6 amended by adding the following new paragraph: 15 7 NEW PARAGRAPH. c. A separation distance requirement that 15 8 is provided in a confinement feeding operation siting 15 9 ordinance adopted by a county board of supervisors pursuant to 15 10 section 335.2A. The ordinance shall not include a requirement 15 11 providing a closer separation distance than is provided for in 15 12 subsection 2. Upon request by a county, the department shall 15 13 provide recommendations to the county as provided in section 15 14 455B.165. 15 15 Sec. 18. Section 455J.1, Code 2001, is amended by adding 15 16 the following new subsection: 15 17 NEW SUBSECTION. 1A. "Animal unit of capacity" means the 15 18 total number of animal units that may be confined in a 15 19 confinement feeding operation at any one time. 15 20 Sec. 19. DIRECTIONS TO CODE EDITOR. The Code editor is 15 21 directed to do all of the following: 15 22 1. Divide chapter 455B, division I, into two parts in 15 23 conformance with this Act. 15 24 2. Transfer Code section 455B.110 to chapter 455B, 15 25 division I, part 2, as created in this Act. 15 26 EXPLANATION 15 27 This bill amends provisions in Code chapter 455B providing 15 28 for the regulation of animal feeding operations by the 15 29 department of natural resources, including confinement feeding 15 30 operations, originally enacted in 1995 by House File 519 (1995 15 31 Iowa Acts, chapter 195) and amended in 1998 by House File 2494 15 32 (1998 Iowa Acts, chapter 1209). Provisions relating to animal 15 33 feeding operations appear in three places in Code chapter 15 34 455B: division I, which provides for the department's 15 35 administration of the chapter, division II, which regulates 16 1 air quality regulations (e.g., separation distance 16 2 requirements), and division III, which regulates water quality 16 3 (e.g., construction permit and manure management plan 16 4 requirements). 16 5 The bill amends provisions in Code chapter 335, which 16 6 provides for county zoning. Code section 335.2 provides that 16 7 county zoning does not apply to farming operations. This bill 16 8 amends that section to provide that county zoning does apply 16 9 to the siting of confinement feeding operations. The bill 16 10 provides that a county may adopt a confinement feeding 16 11 operations siting ordinance, including a siting plan, as part 16 12 of its zoning regulations. The plan must preserve the 16 13 availability of farmland for confinement feeding operations; 16 14 encourage efficient urban development patterns; lessen 16 15 congestion and overcrowding of confinement feeding operations, 16 16 especially near cities; and preserve and protect natural 16 17 resources, including water sources, fragile environmental 16 18 locations, and recreational areas. 16 19 The plan may provide different regulations for confinement 16 20 feeding operations based on the animal weight capacity of the 16 21 confinement feeding operation, the type of animal feeding 16 22 operation structure, and the proximity of land for the 16 23 application of manure which originates from the confinement 16 24 feeding operation. The bill provides that the ordinance does 16 25 not apply to small animal feeding operations. The bill 16 26 provides that an ordinance cannot prohibit the operation of a 16 27 confinement feeding operation constructed prior to the 16 28 effective date of the ordinance. 16 29 The bill also provides that the ordinance cannot violate 16 30 any requirement of Code chapter 455B regulating confinement 16 31 feeding operations by the department of natural resources. 16 32 However, the bill provides that the ordinance may provide for 16 33 distance requirements that exceed the requirements of Code 16 34 chapter 455B. The separation distances may be based on 16 35 guidelines established by the department and to every extent 17 1 practicable must be based on methodology established by the 17 2 department. Upon request by a county, the department is 17 3 required to provide the county with guidelines based on a 17 4 methodology which analyzes relevant factors relating to 17 5 topographic, climatic, demographic, or hydrologic conditions. 17 6 The bill amends a part of Code chapter 455B which regulates 17 7 air quality of confinement feeding operations by the 17 8 department of natural resources. The bill requires the 17 9 department to develop comprehensive plans and programs for the 17 10 abatement, control, and prevention of air pollutants 17 11 originating from confinement feeding operations. The bill 17 12 provides that the standards may vary based on the animal 17 13 weight capacity of the confinement feeding operation and the 17 14 distance from an object or location for which a separation 17 15 distance is required pursuant to Code section 455B.162, such 17 16 as a home, church, or park. The bill provides that the 17 17 standards, to every extent practicable, must apply to dust and 17 18 gases containing compounds which produce odor or may have a 17 19 deleterious effect upon human health, including but not 17 20 limited to hydrogen sulfide, ammonia, methane, and any class 17 21 of mercaptan. The bill provides that the standards do not 17 22 apply to small animal feeding operations. Violations of the 17 23 standards are subject to a civil penalty under Code section 17 24 455B.109 of up to $10,000. 17 25 The bill provides an appeal process for applications for 17 26 permits for construction of animal feeding operation 17 27 structures that have been disapproved by the department or a 17 28 county. The bill provides that an administrative law judge 17 29 must consider such appeals, based on an appeal of the 17 30 disapproval by the department or a county board of 17 31 supervisors. The administrative law judge must conduct the 17 32 appeal in the same manner as provided in Code chapter 17A for 17 33 contested case proceedings. The parties to the appeal are the 17 34 department, the county board of supervisors, and the 17 35 applicant. If the administrative law judge determines that 18 1 the department or county board of supervisors acted 18 2 arbitrarily, capriciously, or without reasonable cause in 18 3 disapproving the application, the administrative law judge is 18 4 required to order that the application be approved. The 18 5 determination by the administrative law judge is a final 18 6 agency action for purposes of Code chapter 17A. 18 7 The bill amends Code section 455B.203, which provides 18 8 requirements for manure management plans submitted by owners 18 9 of confinement feeding operations or persons applying manure 18 10 originating from confinement feeding operations. The Code 18 11 section provides that the plan must include calculations 18 12 necessary to determine the amount of land needed for the 18 13 application of the manure. The calculations are currently 18 14 based on nitrogen use levels needed to obtain optimum crop 18 15 yields. This bill provides that the calculations must also be 18 16 based on phosphorus use levels. Generally, a person 18 17 submitting a manure management plan who is found in violation 18 18 of the terms and conditions of the plan is subject to a civil 18 19 penalty of not more than $5,000. 18 20 The bill establishes an animal agriculture compliance fee 18 21 (referred to as a compliance fee) that the department must 18 22 annually assess against owners of confinement feeding 18 23 operations who are required to submit manure management plans. 18 24 The rate for assessing compliance fees is established and 18 25 adjusted annually by the department according to rule. The 18 26 rate becomes effective on July 1 of each year and expires the 18 27 following June 30. The rate of assessment for compliance fees 18 28 is calculated for each animal unit of capacity for confinement 18 29 feeding operations. An "animal unit" is defined in Code 18 30 section 455J.1 to mean a value assigned to an animal based on 18 31 the average weight of a typical animal of the same species 18 32 (slaughter cattle are assigned a value of 1.0 and a broiler 18 33 chicken is assigned a value of 0.01). The bill provides that 18 34 the department may establish different schedules of rates that 18 35 provide for greater rates of assessment based on the type of 19 1 animal feeding operation, its size, and the species kept 19 2 there. The bill provides for the assessment of a delinquency 19 3 penalty for payments received after July 10. 19 4 The bill provides that prior to July 1 of each year, the 19 5 department must determine the balance of moneys available to 19 6 pay compliance costs for the next fiscal year by calculating 19 7 the ending balance of the animal agriculture compliance fund, 19 8 as created by the bill, on June 30. The department is 19 9 required to increase or decrease the fees in an amount that 19 10 will result in an ending estimated balance of moneys for June 19 11 30 of the next fiscal year of $300,000. 19 12 The bill establishes an animal agriculture compliance fund 19 13 (referred to as the compliance fund) created in the state 19 14 treasury under the control of the department. The compliance 19 15 fund is composed of moneys that may be contributed from a 19 16 number of sources including compliance fees collected by the 19 17 department. Moneys in the compliance fund are appropriated to 19 18 the department exclusively to pay for the administration and 19 19 enforcement of legal provisions applicable to animal feeding 19 20 operations under Code chapter 455B. 19 21 The bill provides that if an owner of a confinement feeding 19 22 operation is delinquent in remitting an animal agriculture 19 23 compliance fee, on September 2 following the date of 19 24 delinquency, the owner is subject to disciplinary action. The 19 25 department is prohibited from approving an application to 19 26 construct an animal feeding operation structure which is part 19 27 of a confinement feeding operation or approving a manure 19 28 management plan as provided. The bill provides that the 19 29 manure management plan for the confinement feeding operation 19 30 is to be automatically unapproved. 19 31 Code section 455B.191 provides that generally persons who 19 32 are in violation of division III are subject to a civil 19 33 penalty of not more than $10,000. 19 34 LSB 5654HH 79 19 35 da/sh/8.1
Text: HF02472 Text: HF02474 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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