Senate File 2075 - Introduced
SENATE FILE
BY HOUSER
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act regulating manure management plans and related documents
2 submitted by the department of natural resources to counties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5906SS 81
5 da/gg/14
PAG LIN
1 1 Section 1. Section 459.312, subsection 4, Code 2005, is
1 2 amended to read as follows:
1 3 4. a. The department shall deliver a copy of all of the
1 4 following to a designated county board of supervisors:
1 5 (1) An original manure management plan or require the
1 6 person submitting the manure management plan to deliver a copy
1 7 of the. If a person is required to be issued a permit for the
1 8 construction of the manure storage structure as provided in
1 9 section 459.303, the original manure management plan shall
1 10 accompany the application for the construction permit as
1 11 provided in section 459.303.
1 12 (2) Any updated manure management plan to. If the owner
1 13 of a confinement feeding operation files a document in lieu of
1 14 submitting a complete plan as provided in this section, the
1 15 department shall deliver a copy of that document to each
1 16 designated county board of supervisors.
1 17 b. For purposes of this subsection, a "designated county
1 18 board of supervisors" includes all of the following:
1 19 a. (1) The county board of supervisors in the county
1 20 where the manure storage structure owned by the person is
1 21 located.
1 22 b. (2) The county board of supervisors in the county
1 23 where the manure storage structure is proposed to be
1 24 constructed. If the person is required to be issued a permit
1 25 for the construction of the manure storage structure as
1 26 provided in section 459.303, the manure management plan shall
1 27 accompany the application for the construction permit as
1 28 provided in section 459.303.
1 29 c. (3) The county board of supervisors in the county
1 30 where the manure is to be applied.
1 31 The manure management plan shall be filed with the county
1 32 board of supervisors.
1 33 c. The department shall deliver the manure management plan
1 34 and related documents by electronic transmission, unless the
1 35 department and a designated county board of supervisors agrees
2 1 to another delivery method. The county auditor or other
2 2 county officer designated by the county board of supervisors
2 3 may accept the manure management plan and related documents on
2 4 behalf of the board.
2 5 EXPLANATION
2 6 This bill amends Code chapter 459, referred to as the
2 7 "Animal Agriculture Compliance Act" (see Code section 459.101)
2 8 and administered and enforced by the department of natural
2 9 resources. The Code chapter in part regulates confinement
2 10 feeding operations in which animals are housed in buildings
2 11 and fed and maintained for 45 days or more in any 12=month
2 12 period, and associated manure storage structures. Certain
2 13 persons are required to file a manure management plan,
2 14 including an owner of a confinement feeding operation or a
2 15 person who applies manure from a confinement feeding operation
2 16 which is located in another state, if the manure is applied on
2 17 land located in this state. The manure management plan must
2 18 be annually updated. Generally, the manure management plan
2 19 must include information regarding how much and where manure
2 20 kept in a manure storage structure is to be applied (see Code
2 21 section 459.312).
2 22 The department is required to deliver a copy of the manure
2 23 management plan or require the person submitting the manure
2 24 management plan to the department to also deliver a copy of
2 25 the manure management plan to designated counties (each county
2 26 where the manure storage structure owned by the person is
2 27 located, where a manure storage structure is proposed to be
2 28 constructed, and where the manure is to be applied). The bill
2 29 provides that it is the department's sole responsibility to
2 30 deliver the documents, including the original manure
2 31 management plan, any updated manure management plan, and a
2 32 statement noting that there have been no changes in the last
2 33 manure management plan or specifying the changes from the last
2 34 manure management plan or updated manure management plan as
2 35 approved by the department. The department is required to
3 1 deliver the documents by electronic transmission to a county
3 2 auditor or other person designated by the county board of
3 3 supervisors, although the department and a county may agree to
3 4 another delivery method.
3 5 LSB 5906SS 81
3 6 da:nh/gg/14