House File 407 - Introduced HOUSE FILE 407 BY KLEIN A BILL FOR An Act relating to animal feeding operations, by providing 1 that a county may elect not to accept or retain certain 2 documents. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2346YH (4) 86 da/rj

H.F. 407 Section 1. Section 459.302, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. a. A county board of supervisors may 3 adopt a document retention resolution that provides that the 4 county is not required to accept the submission of a document 5 or serve as the custodian of filed documents. The resolution 6 shall apply to any of the following: 7 (1) Applications and supporting materials for permits to 8 construct confinement feeding operation structures as provided 9 in sections 459.303 and 459.304. 10 (2) Manure management plans as provided in section 459.312. 11 b. The board shall submit the resolution to the department 12 and the department shall file the resolution if the resolution 13 meets the requirements of paragraph “a” regardless of whether 14 the department has filed a construction evaluation resolution 15 pursuant to section 459.303. The board submitting a document 16 retention resolution may destroy any archived document covered 17 by the resolution on or after the date that the resolution is 18 filed by the department. 19 c. If a document covered by a document retention resolution 20 filed with the department is not available to the board on 21 the department’s internet site, the department, upon request 22 by the board, shall transmit the document to the board. The 23 county auditor or other county officer may request or accept 24 the document on behalf of the board. 25 d. This subsection does not enlarge or restrict a duty or 26 power of a county board of supervisors as provided in this 27 chapter other than allowing for an election by such a board not 28 to perform a ministerial function. 29 Sec. 2. Section 459.303, subsection 2, Code 2015, is amended 30 to read as follows: 31 2. The department shall issue a construction permit upon 32 approval of an application. The department shall approve the 33 application if the application is submitted to the county board 34 of supervisors in the county where the proposed confinement 35 -1- LSB 2346YH (4) 86 da/rj 1/ 3

H.F. 407 feeding operation structure is to be located as required 1 pursuant to section 459.304 , and the application meets the 2 requirements of this chapter . However, a board that files a 3 document retention resolution with the department as provided 4 in section 459.302 is not required to accept an application. 5 If a county submits an approved recommendation pursuant to a 6 construction evaluation resolution filed with the department, 7 the application must also achieve a satisfactory rating 8 produced by the master matrix used by the board or department 9 under section 459.304 . The department shall approve the 10 application regardless of whether the applicant is required to 11 be issued a construction permit. 12 Sec. 3. Section 459.304, subsection 1, Code 2015, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . c. Notwithstanding paragraphs “a” and “b” , 15 a board that files a document retention resolution with the 16 department as provided in section 459.302 is not required to 17 accept an application. 18 Sec. 4. Section 459.312, subsection 4, paragraph b, Code 19 2015, is amended to read as follows: 20 b. The manure management plan shall be filed with the 21 county board of supervisors. The county auditor or other 22 county officer may accept the manure management plan on behalf 23 of the board. However, a county board of supervisors that 24 files a document retention resolution with the department as 25 provided in section 459.302 is not required to accept a manure 26 management plan. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill provides that a county board of supervisors 31 may elect not to accept certain documents related to the 32 regulation of animal feeding operations, and specifically 33 confinement feeding operations under the “Animal Agriculture 34 Compliance Act” (Code chapter 459). Generally, the Code 35 -2- LSB 2346YH (4) 86 da/rj 2/ 3

H.F. 407 chapter is administered and enforced by the department 1 of natural resources. The bill allows a county board of 2 supervisors to adopt a resolution to forego receiving an 3 application or related materials for a permit to construct a 4 confinement feeding operation structure (Code section 459.303 5 or 459.304) or a manure management plan governing the storage 6 and application of manure from a confinement feeding operation 7 (Code section 459.312). The board may request the department 8 to transmit the document to the county if it is not available 9 on the department’s internet site. 10 -3- LSB 2346YH (4) 86 da/rj 3/ 3