House File 481 - Introduced



                                       HOUSE FILE       
                                       BY  STRUYK


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to permits for the construction or operation of
  2    open feedlots.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1431YH 81
  5 da/pj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  459.305A  OPEN FEEDLOTS == PERMIT
  1  2 REQUIREMENTS.
  1  3    If the department requires department approval or
  1  4 disapproval of an application for the issuance of a permit to
  1  5 construct, including to expand, or operate an open feedlot,
  1  6 the department must approve or disapprove the application
  1  7 within sixty days following the applicant's delivery of the
  1  8 application to the department.  However, an applicant may
  1  9 deliver a notice to the department requesting a continuance.
  1 10 Upon receipt of a notice, the time required for the department
  1 11 to act upon the application shall be suspended for the period
  1 12 provided in the notice, but for not more than thirty days
  1 13 after the department's receipt of the notice.  The applicant
  1 14 may submit more than one notice.  However, the department may
  1 15 provide that an application is terminated if no action is
  1 16 required by the department for one year following delivery of
  1 17 the application to the department.  The department may also
  1 18 provide for a continuance when it considers the application.
  1 19 The department shall provide notice to the applicant of the
  1 20 continuance.  The time required for the department to act upon
  1 21 the application shall be suspended for the period provided in
  1 22 the notice, but for not more than thirty days.  However, the
  1 23 department shall not provide for more than one continuance.
  1 24                           EXPLANATION
  1 25    This bill amends provisions in Code chapter 459, the animal
  1 26 agriculture compliance Act.  The Code chapter applies to
  1 27 animal feeding operations.  An animal feeding operation
  1 28 includes an area where livestock are confined and maintained
  1 29 for 45 days or more in any 12=month period.  The Code chapter
  1 30 specifically provides for confinement feeding operations,
  1 31 which are those animal feeding operations which are totally
  1 32 roofed.  The bill provides for open feedlots, which are those
  1 33 areas which are not roofed or only partially roofed.
  1 34    The bill provides application procedures in rules adopted
  1 35 by the department of natural resources (DNR) which require a
  2  1 person to obtain a permit for the construction and operation
  2  2 of an open feedlot (567 IAC ch. 65).  The bill is closely
  2  3 modeled on provisions in Code section 459.304, which provides
  2  4 that DNR must approve or disapprove an application for the
  2  5 construction of a confinement feeding operation structure
  2  6 within 60 days following the applicant's delivery of the
  2  7 application to the department.  The bill provides the same
  2  8 deadline for the approval or disapproval of permits for the
  2  9 construction or operation of an open feedlot.  Like Code
  2 10 section 459.304, the bill provides that an applicant may
  2 11 deliver a notice requesting a 30=day continuance, and upon
  2 12 receipt of a notice, the department must grant an applicant
  2 13 the additional time.  The DNR may terminate the application
  2 14 process if it cannot take action on the application after a
  2 15 year.  Also like Code section 459.304, the bill provides that
  2 16 DNR may also suspend the application process for one 30=day
  2 17 period, before it must approve or disapprove the application.
  2 18 LSB 1431YH 81
  2 19 da:nh/pj/5