H.F. 586 DIVISION I 1 PUBLIC RECORDS INDICATING NONCOMPLIANCE 2 WITH MANURE MANAGEMENT PLANS 3 Section 1. Section 459.302, Code 2015, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 3. If the department prepares a public 6 record regarding a person’s failure to comply with the 7 requirements for filing a manure management plan under 8 section 459.312, the department shall indicate whether it 9 has determined that such noncompliance was due to an obvious 10 mistake or oversight. The indication does not preclude the 11 department from later changing its determination. 12 DIVISION II 13 CERTIFIED MANURE APPLICATORS 14 Sec. 2. NEW SECTION . 459.316 Vehicles operated by 15 certified commercial manure services or commercial manure service 16 representatives —— identification. 17 The department may require that a vehicle or tank used by 18 a certified commercial manure service or certified commercial 19 manure service representative transporting manure on a 20 public road display a certification number as assigned by 21 the department to the certified commercial manure service. 22 However, the department shall not require that the vehicle 23 display other information identifying the certified commercial 24 manure service or the certified commercial manure service 25 representative. 26 DIVISION III 27 BIOSECURITY 28 Sec. 3. Section 459.207, subsection 3, paragraph b, Code 29 2015, is amended to read as follows: 30 b. (1) Any air quality standard established by the 31 department for animal feeding operations shall be based on 32 and enforced at distances measured from a confinement feeding 33 operation structure to a separated location. In providing for 34 the enforcement of the standards, the department shall take 35 -1- LSB 2027HV (2) 86 da/nh 1/ 7

H.F. 586 all initial measurements at the separated location. If the 1 department determines that a violation of the standards exists, 2 the department may conduct an investigation to trace the source 3 of the airborne pollutant. 4 (2) This section does not prohibit the department from 5 entering the premises of an animal feeding operation in 6 compliance with section 455B.103 . 7 (3) (a) The department In addition to complying with 8 section 455B.103, a person who is a departmental official, 9 an agent of the department, or a person accompanying the 10 departmental official shall also comply with standard 11 biosecurity requirements customarily required by the animal 12 feeding operation which are necessary in order to control the 13 spread of disease among an animal population. If the owner 14 or manager of the animal feeding operation alleges that the 15 person is failing to comply with the standard biosecurity 16 requirements, the person must leave the animal feeding 17 operation at the request of the owner or manager. 18 (b) Subparagraph division (a) does not apply if the 19 department obtains a search warrant issued by a district court 20 as provided in section 455B.103 that allows a departmental 21 official to enter onto or remain on the premises of the animal 22 feeding operation in compliance with standard biosecurity 23 requirements as particularly described in the warrant. 24 Sec. 4. Section 459.304, subsection 6, Code 2015, is amended 25 to read as follows: 26 6. a. The department may conduct an inspection of the site 27 on which the construction is proposed after providing at a 28 minimum twenty-four hours’ notice or upon receiving consent 29 from the construction permit applicant. The county board 30 of supervisors that has adopted a construction evaluation 31 resolution may designate a county employee to accompany a 32 departmental official during the site inspection. The county 33 employee shall have the same right to access to the site’s real 34 estate as the departmental official conducting the inspection 35 -2- LSB 2027HV (2) 86 da/nh 2/ 7

H.F. 586 during the period that the county employee accompanies the 1 departmental official. 2 b. The departmental official and the county employee shall 3 comply with standard biosecurity requirements customarily 4 required by the confinement feeding operation that are 5 necessary in order to control the spread of disease among an 6 animal population. If the owner or manager of the animal 7 feeding operation alleges that the departmental official 8 or county employee is failing to comply with the standard 9 biosecurity requirements and that failure threatens an animal 10 population, the departmental official and county employee must 11 leave the site on which the construction is proposed at the 12 request of the owner or manager. The department shall proceed 13 with evaluating those parts of the construction application 14 that do not require an inspection until the matter is resolved. 15 Sec. 5. Section 459.601, subsection 3, Code 2015, is amended 16 to read as follows: 17 3. a. When entering the premises of an animal feeding 18 operation, a person who is a departmental official, an agent 19 of the department, or a person accompanying the departmental 20 official or agent shall comply with section 455B.103 . 21 b. (1) The In addition to complying with section 455B.103, 22 a person described in paragraph “a” shall also comply with 23 standard biosecurity requirements customarily required by 24 the animal feeding operation which are necessary in order to 25 control the spread of disease among an animal population. 26 If the owner or manager of the animal feeding operation 27 alleges that the person is failing to comply with the standard 28 biosecurity requirements, the person must leave the animal 29 feeding operation at the request of the owner or manager. 30 (2) Subparagraph (1) does not apply if the department 31 obtains a search warrant issued by a district court as provided 32 in section 455B.103 that allows a departmental official to 33 enter onto or remain on the premises of the animal feeding 34 operation in compliance with standard biosecurity requirements 35 -3- LSB 2027HV (2) 86 da/nh 3/ 7

H.F. 586 as particularly described in the warrant. 1 DIVISION IV 2 COUNTY DOCUMENTS 3 Sec. 6. Section 459.302, Code 2015, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 4. a. A county board of supervisors may 6 adopt a document retention resolution that provides that the 7 county is not required to accept the submission of a document 8 or serve as the custodian of filed documents. The resolution 9 shall apply to any of the following: 10 (1) Applications and supporting materials for permits to 11 construct confinement feeding operation structures as provided 12 in sections 459.303 and 459.304. 13 (2) Manure management plans as provided in section 459.312. 14 b. The board shall submit the resolution to the department 15 and the department shall file the resolution if the resolution 16 meets the requirements of paragraph “a” regardless of whether 17 the department has filed a construction evaluation resolution 18 pursuant to section 459.303. The board submitting a document 19 retention resolution may destroy any archived document covered 20 by the resolution on or after the date that the resolution is 21 filed by the department. 22 c. If a document covered by a document retention resolution 23 filed with the department is not available to the board on 24 the department’s internet site, the department, upon request 25 by the board, shall transmit the document to the board. The 26 county auditor or other county officer may request or accept 27 the document on behalf of the board. 28 d. This subsection does not enlarge or restrict a duty or 29 power of a county board of supervisors as provided in this 30 chapter other than allowing for an election by such a board not 31 to perform a ministerial function. 32 Sec. 7. Section 459.303, subsection 2, Code 2015, is amended 33 to read as follows: 34 2. The department shall issue a construction permit upon 35 -4- LSB 2027HV (2) 86 da/nh 4/ 7

H.F. 586 approval of an application. The department shall approve the 1 application if the application is submitted to the county board 2 of supervisors in the county where the proposed confinement 3 feeding operation structure is to be located as required 4 pursuant to section 459.304 , and the application meets the 5 requirements of this chapter . However, a board that files a 6 document retention resolution with the department as provided 7 in section 459.302 is not required to accept an application. 8 If a county submits an approved recommendation pursuant to a 9 construction evaluation resolution filed with the department, 10 the application must also achieve a satisfactory rating 11 produced by the master matrix used by the board or department 12 under section 459.304 . The department shall approve the 13 application regardless of whether the applicant is required to 14 be issued a construction permit. 15 Sec. 8. Section 459.304, subsection 1, Code 2015, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . c. Notwithstanding paragraphs “a” and “b” , 18 a board that files a document retention resolution with the 19 department as provided in section 459.302 is not required to 20 accept an application. 21 Sec. 9. Section 459.312, subsection 4, paragraph b, Code 22 2015, is amended to read as follows: 23 b. The manure management plan shall be filed with the 24 county board of supervisors. The county auditor or other 25 county officer may accept the manure management plan on behalf 26 of the board. However, a county board of supervisors that 27 files a document retention resolution with the department as 28 provided in section 459.302 is not required to accept a manure 29 management plan. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 GENERAL. This bill applies to animal feeding operations in 34 which animals are confined and fed and maintained for 45 days 35 -5- LSB 2027HV (2) 86 da/nh 5/ 7

H.F. 586 or more in any 12-month period, and specifically confinement 1 feeding operations constructed under a roof that store liquid 2 manure (Code chapter 459). The chapter is administered and 3 enforced by the department of natural resources under the 4 direction of the environmental protection commission. 5 MANURE MANAGEMENT PLANS. The bill provides that if the 6 department prepares a public record stating that a person has 7 failed to comply with the requirements for filing a manure 8 management plan, it must indicate whether the noncompliance was 9 due to an obvious mistake or oversight. 10 CERTIFIED MANURE APPLICATORS. The bill allows the 11 department to require that a vehicle or tank used by a 12 certified commercial manure service or certified commercial 13 manure service representative transporting manure on a 14 public road display a certification number as assigned by the 15 department, but cannot require other information identifying 16 the certified commercial manure service or the certified 17 commercial manure service representative. 18 BIOSECURITY. The bill requires that when the owner or 19 manager of an animal feeding operation alleges that a person 20 who is a departmental official, an agent of the department, or 21 a county employee fails to comply with biosecurity requirements 22 during an inspection of an animal feeding operation or a 23 construction site where an animal feeding operation exists, 24 that person must leave the premises or site at the request 25 of the owner or manager. However, this requirement does not 26 apply to a department official who inspects an existing animal 27 feeding operation pursuant to a search warrant issued by a 28 district court which specifies the biosecurity requirements to 29 be followed. 30 DOCUMENT RETENTION. The bill provides that a county board 31 of supervisors may elect not to accept certain documents 32 related to the regulation of animal feeding operations, and 33 specifically confinement feeding operations. Specifically, the 34 bill allows a county board of supervisors to adopt a resolution 35 -6- LSB 2027HV (2) 86 da/nh 6/ 7

H.F. 586 to forego receiving an application or related materials 1 for a permit to construct a confinement feeding operation 2 structure or a manure management plan governing the storage and 3 application of manure from a confinement feeding operation. 4 The board may request the department to transmit the document 5 to the county if it is not available on the department’s 6 internet site. 7 -7- LSB 2027HV (2) 86 da/nh 7/ 7