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, and the 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