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PAG LIN 1 1 Section 1. Section 335.2, Code 2001, is amended to read as 1 2 follows: 1 3 335.2 FARMS EXEMPT. 1 4 1. Exceptto the extent required to implement section1 5335.27, noas provided in subsection 2, an ordinance adopted 1 6 under this chapterappliesshall not apply toland,farm and 1 7 related structures including but not limited to houses,farm1 8 barns,farmor outbuildingsor other buildings or structures1 9 which are primarily adapted, by reason of nature and area, for 1 10 use for agricultural purposes, while so used.However, the1 11ordinances1 12 2. A county board of supervisors mayapply to anyadopt 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 theflood plainsfloodplains ofanya 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 due to 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 order 3 20 to carry out the purposes of this section, the county must 3 21 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 2001, is amended to read as follows: 5 35TheExcept 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 2001, is amended to read as 6 5 follows: 6 6 455B.200GENERALCOMMISSION 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. The commission shall adopt rules providing for 6 16 generally accepted agricultural management practices as 6 17 provided in this section. The generally accepted agricultural 6 18 management practices shall provide requirements for the siting 6 19 of a confinement feeding operation based on criteria 6 20 established to carry out the purposes provided in section 6 21 455B.118. The practices shall provide for siting of 6 22 confinement feeding operations, based on all of the following: 6 23 (1) The suitability of soils and the hydrology of the 6 24 site. 6 25 (2) Whether the construction or expansion of a proposed 6 26 animal feeding operation structure will impede drainage 6 27 through established tile lines, laterals, or other 6 28 improvements which are constructed to facilitate the drainage 6 29 of land not owned by the person applying for the construction 6 30 permit. 6 31 (3) The proximity to fragile environmental areas. 6 32 (4) The proximity to drinking water supplies. 6 33 b. A generally accepted agricultural management practice 6 34 adopted by the commission or a county pursuant to section 6 35 455B.118 may require a separation distance that is more 7 1 stringent than provided under this part. The distance 7 2 requirement may apply between an animal feeding operation 7 3 structure and an object or location benefiting from the 7 4 separation distance requirement as provided in this part. The 7 5 generally accepted agricultural management practice shall not 7 6 decrease a separation distance requirement otherwise provided 7 7 in this part. 7 8 Sec. 8. Section 455B.200A, subsection 1, Code 2001, is 7 9 amended to read as follows: 7 10 1. The department shall issue permits for the 7 11 construction, including the expansion, of animal feeding 7 12 operation structures, including structures which are part of 7 13 confinement feeding operations, as provided by rules adopted 7 14 pursuant to section 455B.200. The department shall issue a 7 15 permit to an animal feeding operation if an application is 7 16 submitted according to procedures required by the department 7 17 and the application meets standards established by the 7 18 department, regardless of whether the animal feeding operation 7 19 is required to obtain such a permit. The department shall not 7 20 issue a permit for the construction of a confinement feeding 7 21 operation unless it complies with generally accepted 7 22 agricultural management practices as provided in section 7 23 455B.118. The department shall not require that a person 7 24 obtain a permit for the construction of an animal feeding 7 25 operation structure if the structure is part of a small animal 7 26 feeding operation. For purposes of this section, an animal 7 27 feeding operation structure includes a manure storage 7 28 structure. 7 29 Sec. 9. Section 455B.200A, subsection 7, unnumbered 7 30 paragraph 1, Code 2001, is amended to read as follows: 7 31 The department shall deliver a copy or require the 7 32 applicant to deliver a copy of the application for a 7 33 construction permit for the construction of a confinement 7 34 feeding operation or related animal feeding operation 7 35 structure, including the manure management plan and supporting 8 1 documents, to the county board of supervisors in the county 8 2 where the confinement feeding operation or related animal 8 3 feeding operation structure subject to the permit is proposed 8 4 to be constructed. 8 5 Sec. 10. Section 455B.204, subsection 2, unnumbered 8 6 paragraph 1, Code 2001, is amended to read as follows: 8 7 Except to the extent that it is inconsistent with generally 8 8 accepted agricultural management practices as provided in 8 9 section 455B.200, or as provided in subsection 3, the 8 10 following shall apply: 8 11 EXPLANATION 8 12 This bill amends a number of provisions allowing for the 8 13 siting of confinement feeding operations. The bill amends 8 14 provisions in Code section 335.2 that provide that county 8 15 zoning does not apply to farming operations. This bill amends 8 16 that section to provide that a county may adopt a generally 8 17 accepted agricultural management practices ordinance. The 8 18 ordinance must be approved by the department of natural 8 19 resources. The department may adopt its own generally 8 20 accepted agricultural management practices for the siting of 8 21 confinement feeding operations. In both cases, the practices 8 22 must carry out certain purposes, including preserving the 8 23 outdoor atmosphere and the quality of the state's surface and 8 24 subsurface waters from substances which may be injurious to 8 25 human, animal, or plant life; or which may unreasonably 8 26 interfere with the enjoyment of life and property. The 8 27 practices must accommodate the need to preserve the 8 28 availability of farmland reserved for confinement feeding 8 29 operations. A generally accepted agricultural management 8 30 practices council is established in order to assist the 8 31 department in establishing practices or approving ordinances. 8 32 The bill amends provisions in divisions of Code chapter 455B 8 33 which regulate air and water quality. The bill provides that 8 34 the generally accepted agricultural management practices may 8 35 increase required separation distances between animal feeding 9 1 operation structures and objects and locations provided in the 9 2 chapter. 9 3 A person who violates provisions of Code chapter 455B 9 4 regulating air quality is subject to a civil penalty of 9 5 $10,000, and a person who violates provisions of the chapter 9 6 regulating water quality is subject to a civil penalty of not 9 7 more than $5,000. However, a person classified as a habitual 9 8 violator is subject to a civil penalty of not more than 9 9 $25,000. 9 10 LSB 1472XS 79 9 11 da/pj/5.1
Text: SF00009 Text: SF00011 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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