House File 802 - Introduced



                                     HOUSE FILE       
                                     BY  COMMITTEE ON ENVIRONMENTAL
                                         PROTECTION

                                     (SUCCESSOR TO HSB 168)


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

                                      A BILL FOR

  1 An Act providing for public comment regarding an application to
  2    construct a confinement feeding operation structure.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2168HV 83
  5 da/nh/14

PAG LIN



  1  1    Section 1.  Section 459.304, subsection 2, unnumbered
  1  2 paragraph 1, Code 2009, is amended to read as follows:
  1  3    Regardless of whether the county board of supervisors has
  1  4 adopted a construction evaluation resolution, the county may
  1  5 shall provide comment to the department on a construction
  1  6 permit application for a confinement feeding operation
  1  7 structure.
  1  8    Sec. 2.  Section 459.304, subsection 2, paragraph b,
  1  9 unnumbered paragraph 1, Code 2009, is amended to read as
  1 10 follows:
  1 11    The county board may of supervisors shall hold a public
  1 12 hearing to receive public comments regarding the application.
  1 13 The county board of supervisors may appoint a designee,
  1 14 including but not limited to the county's zoning commission,
  1 15 to hold the public hearing and receive public comments.  The
  1 16 designee shall submit the public comments to the county board
  1 17 of supervisors.  The county board of supervisors may submit
  1 18 comments by the board and shall submit comments presented at
  1 19 the public hearing to the department as provided in this
  1 20 section, including but not limited to all of the following:
  1 21                           EXPLANATION
  1 22    This bill amends Code section 459.304 which allows a county
  1 23 board of supervisors to review an application to construct a
  1 24 confinement feeding operation structure (a confinement
  1 25 building or manure storage structure) and comment upon it to
  1 26 the department of natural resources before the department
  1 27 determines whether to issue the applicant a construction
  1 28 permit.  As part of the review process, the board may hold a
  1 29 public hearing concerning the application.  The bill requires
  1 30 the board to conduct the public hearing and submit comments
  1 31 presented there to the department.  The bill provides that the
  1 32 board may appoint a designee such as its zoning commission, to
  1 33 hold the public hearing and receive the public comments.
  1 34    The types of comments presented at a public hearing may
  1 35 include but are not limited to the existence of an object or
  2  1 location that are in proximity to the construction site, the
  2  2 suitability of soils and the hydrology of the construction
  2  3 site, the availability of land for manure application, and
  2  4 whether construction will impede drainage systems.
  2  5 LSB 2168HV 83
  2  6 da/nh/14