House File 2082 - Introduced HOUSE FILE 2082 BY STECKMAN , HUNTER , LENSING , WINCKLER , KURTH , STAED , MASCHER , JACOBY , OLDSON , MEYER , THEDE , KEARNS , and T. TAYLOR A BILL FOR An Act relating to animal agriculture, by providing for a 1 public hearing conducted by the board of supervisors in 2 a county where a structure associated with a confinement 3 feeding operation is proposed to be constructed, including 4 expanded, and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5221YH (4) 87 da/rn

H.F. 2082 Section 1. Section 459.303, subsection 2, Code 2018, is 1 amended to read as follows: 2 2. a. The department shall issue a construction permit upon 3 approval of an application. 4 b. The department shall approve the application if the 5 application is submitted to the county board of supervisors in 6 the county where the proposed confinement feeding operation 7 structure is to be located as required pursuant to section 8 459.304 , and the application meets the requirements of this 9 chapter . 10 c. The application must include the name of at least one 11 project manager actively involved in making all major decisions 12 regarding the siting and construction of each confinement 13 feeding operation structure described in the application. 14 If a county board of supervisors conducts a public hearing 15 concerning the application, the department shall not approve 16 the application if the board submits credible evidence 17 that a project manager did not attend or participate in the 18 public hearing as required in section 459.304. A rebuttable 19 presumption exists that a qualified project manager attended 20 and participated at the public hearing. 21 d. If a county submits an approved recommendation pursuant 22 to a construction evaluation resolution filed with the 23 department, the application must also achieve a satisfactory 24 rating produced by the master matrix used by the board or 25 department under section 459.304 . The department shall approve 26 the application regardless of whether the applicant is required 27 to be issued a construction permit. 28 Sec. 2. Section 459.304, subsection 2, paragraph b, Code 29 2018, is amended to read as follows: 30 b. (1) The board may hold a public hearing to receive 31 public comments regarding the application. 32 (2) If a public hearing is held, the board may require the 33 applicant to select a project manager named in the application 34 pursuant to section 459.303 to attend and participate in the 35 -1- LSB 5221YH (4) 87 da/rn 1/ 4

H.F. 2082 public hearing. The participation must include explaining the 1 application, stating a position regarding the application, and 2 providing informed responses to questions by the board and 3 the public regarding the application. The board may submit 4 evidence to the department that a project manager did not 5 attend or participate in the public hearing. 6 (3) The county board of supervisors may submit comments 7 by the board , and the public , and the project manager to the 8 department as provided in this section , including but not 9 limited to all of the following: 10 (1) (a) The existence of an object or location not included 11 in the application that benefits from a separation distance 12 requirement as provided in section 459.202 or 459.204 or 13 459.310 . 14 (2) (b) The suitability of soils and the hydrology of the 15 site where construction of a confinement feeding operation 16 structure is proposed. 17 (3) (c) The availability of land for the application of 18 manure originating from the confinement feeding operation. 19 (4) (d) Whether the construction of a proposed confinement 20 feeding operation structure will impede drainage through 21 established tile lines, laterals, or other improvements which 22 are constructed to facilitate the drainage of land not owned by 23 the person applying for the construction permit. 24 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 25 importance, takes effect upon enactment. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 GENERAL. This bill amends provisions in the “Animal 30 Agriculture Compliance Act” (Code chapter 459) which currently 31 requires that when the department of natural resources (DNR) 32 receives an application for a permit to construct (including 33 expand) a structure which is to be part of a confinement 34 feeding operation sometimes referred to as a “concentrated 35 -2- LSB 5221YH (4) 87 da/rn 2/ 4

H.F. 2082 animal feeding operation” (CAFO), it must deliver the 1 application to the board of supervisors (board) in the county 2 where the structure is proposed to be located. Currently, the 3 board may become involved in the application approval process 4 by conducting a public hearing and submitting comments from its 5 members and the public to DNR within 30 days from the date DNR 6 received the application (Code sections 459.303 and 459.304). 7 BILL’S PROVISIONS. The bill requires that the application 8 include the name of one or more project managers responsible 9 for siting and constructing the CAFO structure. The board may 10 require the applicant to select a project manager named in the 11 application to attend the public hearing and participate by 12 explaining the application, stating a position regarding the 13 application, and answering questions. The project manager’s 14 comments may be submitted to DNR with the other comments. It 15 is presumed that the project manager attended and participated 16 in the public hearing. The board may submit evidence that a 17 project manager did not attend or participate in the public 18 hearing. If the board satisfies DNR that these requirements 19 were not satisfied, DNR cannot approve the application. 20 BACKGROUND —— PERMIT REQUIREMENTS. DNR’s responsibility to 21 approve or disapprove a permit application and a board’s right 22 to review and evaluate the application is based on several 23 factors: (1) a CAFO’s capacity (1,000 or more animal units 24 or AUs) or (2) the construction of an unformed manure storage 25 structure. A special exemption applies to a CAFO owned by 26 a research college (Code section 459.303). As part of the 27 process, the permit application must be filed with DNR and the 28 board in the county where the construction is to occur. The 29 board may hold a public hearing to receive public comments 30 regarding the application and forward its comments and public 31 comments to DNR prior to the agency’s decision to approve 32 or disapprove the application. The board is required to 33 publish a notice of a scheduled public hearing in a newspaper 34 having a general circulation in the county. The notice must 35 -3- LSB 5221YH (4) 87 da/rn 3/ 4

H.F. 2082 provide relevant information about the applicant, the proposed 1 construction, and the time and place of the public hearing 2 (Code section 459.304). 3 BACKGROUND —— TERMS —— CAFOs. Code chapter 459 includes 4 a number of defined terms (Code section 459.102). An animal 5 feeding operation refers to any area in which animals are 6 confined and fed and maintained for 45 days or more in any 7 12-month period. A CAFO is a type of animal feeding operation 8 that includes a totally roofed building where confined animals 9 are maintained (as compared to an open feedlot). An unformed 10 manure storage structure has walls and a bottom composed of 11 earth or nondurable materials as compared with a formed manure 12 storage structure often constructed of concrete. Confined 13 animals are limited to cattle, swine, horses, sheep, chickens, 14 turkeys, or fish. In calculating AUs, a special equivalency 15 factor is assigned for each classification of confined animal. 16 For example, each butcher or breeding swine weighing more than 17 55 pounds has an equivalency factor of 0.4 AUs. For purposes 18 of calculating the permit threshold for a CAFO maintaining such 19 swine the AU capacity must equal a minimum of 2,500 (1,000 ÷ 20 0.4 = 2,500). 21 EFFECTIVE DATE. The bill, if enacted, would take effect upon 22 that date. 23 -4- LSB 5221YH (4) 87 da/rn 4/ 4