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
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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
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