House File 2185 HOUSE FILE BY FREVERT and KUHN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to confinement feeding operations by providing 2 for the siting of certain operations, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5937HH 80 6 da/gg/14 PAG LIN 1 1 Section 1. NEW SECTION. 331.309 CONFINEMENT FEEDING 1 2 OPERATIONS == SITING ORDINANCE. 1 3 1. As used in this section: 1 4 a. "Animal feeding operation structure" means the same as 1 5 defined in section 459.102. 1 6 b. "Animal unit capacity" means the same as defined in 1 7 section 459.102. 1 8 c. "Confinement feeding operation" means the same as 1 9 defined in section 459.102. 1 10 2. a. Notwithstanding sections 331.304A and 335.2, a 1 11 county may adopt a confinement feeding operations siting 1 12 ordinance pursuant to section 331.302. The purpose of the 1 13 ordinance shall be to allow approval of the siting of a 1 14 confinement feeding operation regardless of whether the county 1 15 has adopted an ordinance under chapter 335. 1 16 b. The ordinance shall apply to the siting of animal 1 17 feeding operation structures which are part of confinement 1 18 feeding operations in which swine are kept. However, the 1 19 ordinance shall not apply to a confinement feeding operation 1 20 having an animal unit capacity of swine of seven hundred or 1 21 fewer animal units. 1 22 c. The ordinance shall authorize a county to approve the 1 23 site of the construction or expansion of a confinement feeding 1 24 operation, including confinement feeding operation buildings 1 25 and related animal feeding operation structures in order to 1 26 preserve and protect natural resources, including water 1 27 sources and fragile environmental locations; lessen congestion 1 28 and overcrowding of confinement feeding operations, especially 1 29 near cities; and to protect the health and welfare of the 1 30 public. 1 31 d. The ordinance shall provide for methods and procedures 1 32 required for submission of proposals, review of proposals, and 1 33 approval of a site. In administering the ordinance, the 1 34 county shall establish a confinement feeding operations siting 1 35 commission which shall review each proposal for the 2 1 construction or expansion of a confinement feeding operation, 2 2 and recommend to the county board of supervisors that the 2 3 board approve or disapprove the proposal. The board shall 2 4 appoint five persons as members of the commission. Four 2 5 members shall not reside in a city, and one member shall 2 6 reside in a city. At least three of the members shall be 2 7 persons who are or were actively engaged in animal 2 8 agriculture. The commission shall make its recommendation to 2 9 the board within forty=five days after the date that the board 2 10 receives a complete proposal. The board shall approve or 2 11 disapprove a proposal within forty=five days after the date 2 12 that the board receives the commission's recommendation 2 13 regarding approval or disapproval. 2 14 Sec. 2. Section 459.303, subsection 2, Code Supplement 2 15 2003, is amended to read as follows: 2 16 2. The department shall issue a construction permit upon 2 17 approval of an application. The department shall approve the 2 18 application if the application is submitted to the county 2 19 board of supervisors in the county where the proposed 2 20 confinement feeding operation structure is to be located as 2 21 required pursuant to section 459.304,andthe application 2 22 meets the requirements of this chapter, and the construction 2 23 complies with a confinement feeding operations siting 2 24 ordinance if adopted by a county as provided in section 2 25 331.309. If a county submits an approved recommendation 2 26 pursuant to a construction evaluation resolution filed with 2 27 the department, the application must also achieve a 2 28 satisfactory rating produced by the master matrix used by the 2 29 board or department under section 459.304. The department 2 30 shall approve the application regardless of whether the 2 31 applicant is required to be issued a construction permit. 2 32 EXPLANATION 2 33 This bill enacts or amends several provisions relating to 2 34 confinement feeding operations regulated by the department of 2 35 natural resources. A confinement feeding operation is a type 3 1 of animal feeding operation in which animals are kept in areas 3 2 which are totally roofed. The bill creates new Code section 3 3 331.309, which provides that a county may adopt a siting 3 4 ordinance for confinement feeding operations in which swine 3 5 are kept. The bill provides that the ordinance must provide 3 6 for methods and procedures required for review and approval of 3 7 site proposals. As part of this process, the county must 3 8 establish a confinement feeding operations siting commission 3 9 to review proposals for the construction or expansion of a 3 10 confinement feeding operation. 3 11 The bill also amends Code section 459.303, which requires 3 12 the department to issue permits for the construction of 3 13 confinement feeding operation structures. These structures 3 14 include confinement buildings and manure storage facilities. 3 15 The bill provides that the department may issue a permit if 3 16 the construction complies with a confinement feeding 3 17 operations siting ordinance adopted by a county pursuant to 3 18 the bill. 3 19 The bill provides that a county's siting ordinance does not 3 20 apply to a confinement feeding operation having an animal unit 3 21 capacity of 700 or fewer animal units. 3 22 Pursuant to Code section 459.603, a person who constructs 3 23 an animal feeding operation without a permit is subject to a 3 24 civil penalty of $5,000 for each day of the violation. 3 25 LSB 5937HH 80 3 26 da/gg/14