Senate File 2011 - Introduced SENATE FILE 2011 BY D. JOHNSON A BILL FOR An Act relating to applications to construct confinement 1 feeding operation structures, including by requiring 2 a notice be delivered to certain persons regarding the 3 construction, and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5402XS (4) 87 da/rj

S.F. 2011 Section 1. Section 459.303, subsection 3, Code 2018, is 1 amended by adding the following new paragraphs: 2 NEW PARAGRAPH . e. A brief summary of the application 3 completed on a form prepared by the department in consultation 4 with the Iowa state association of counties. The completed 5 form shall at least include all of the following: 6 (1) The name and mailing address of the applicant. 7 (2) The type of animal to be maintained at the confinement 8 feeding operation classified by animal unit, if all proposed 9 confinement feeding operation structures were constructed. 10 (3) The maximum number of animals and the maximum number 11 of animal units to be maintained at the confinement feeding 12 operation, if all proposed confinement feeding operation 13 structures were constructed. 14 (4) A brief description of the location, type, and size of 15 each confinement feeding operation structure proposed to be 16 constructed. 17 NEW PARAGRAPH . f. A list containing the name and last known 18 mailing address of each person holding legal title to land 19 located within two miles of the confinement feeding operation 20 structure proposed to be constructed. The names and mailing 21 addresses may be the same as those shown in the records of 22 the county auditor of the county located within two miles of 23 the confinement feeding operation structure proposed to be 24 constructed. 25 Sec. 2. Section 459.304, subsection 1, Code 2018, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . c. The county board of supervisors shall 28 send the brief summary of the application as described in 29 section 459.303 to each person holding legal title to land 30 located within two miles of the confinement feeding operation 31 structure proposed to be constructed as provided in the 32 application. The county board of supervisors may include with 33 the summary the time and place of a public hearing regarding 34 the application as provided in this section. 35 -1- LSB 5402XS (4) 87 da/rj 1/ 4

S.F. 2011 Sec. 3. Section 459.304, subsection 2, paragraph a, 1 subparagraph (2), Code 2018, is amended by striking the 2 subparagraph and inserting in lieu thereof the following: 3 (2) The notice shall include all of the following: 4 (a) The information contained in the brief summary of the 5 application as described in section 459.303. 6 (b) The time when and the place where the application may be 7 examined as provided in section 22.2. 8 (c) The time and place of the public hearing, if any. 9 (d) Procedures for providing public comments to the board as 10 provided by the board. 11 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 12 importance, takes effect upon enactment. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 BILL’S SUBSTANTIVE PROVISIONS. This bill amends Code 17 chapter 459, the “Animal Agriculture Compliance Act” (Code 18 chapter 459) by requiring that a county board of supervisors 19 (board) send a notice to certain landowners that a permit 20 application has been filed with the department of natural 21 resources (DNR) proposing to construct a confinement feeding 22 operation structure (structure) which is part of a proposed or 23 existing confinement feeding operation sometimes referred to 24 as a concentrated animal feeding operation (CAFO). The notice 25 must be sent by certified or ordinary mail to each neighbor 26 holding legal title to land located within two miles from the 27 location of the proposed construction site. An application 28 must include a brief summary of information regarding the 29 proposal, which must at least state: (1) the identity of the 30 applicant, (2) the type and numbers of animals to be confined 31 at the CAFO if each proposed structure were constructed, and 32 (3) the location, type, and size of each structure proposed to 33 be constructed. The notice must include the summary and may 34 also state time and place of a public hearing regarding the 35 -2- LSB 5402XS (4) 87 da/rj 2/ 4

S.F. 2011 application conducted by the board. The bill provides that the 1 same information must be included in the notice of a public 2 hearing. 3 BACKGROUND —— DNR PERMIT REQUIREMENTS. DNR is required to 4 approve or disapprove a permit to construct (including expand) 5 structures (Code section 459.303). DNR must disapprove an 6 application that does not satisfy the requirements of the Code 7 chapter. A permit is required if after constructing all such 8 structures, a CAFO would have an animal unit capacity of at 9 least 1,000 animal units (AUs) or the proposed structure is an 10 unformed manure storage structure. A special exemption applies 11 to a CAFO owned by a research college (Code section 459.303). 12 As part of the process, the permit application must be filed 13 with DNR and the board in the county where the construction 14 is to occur. The board may hold a public hearing to receive 15 public comments regarding the application and forward its 16 comments and public comments to DNR prior to the agency’s 17 decision to approve or disapprove the application. The board 18 is required to publish a notice of a scheduled public hearing 19 in a newspaper having a general circulation in the county. The 20 notice must provide relevant information about the applicant, 21 the proposed construction, and the time and place of the public 22 hearing. 23 BACKGROUND —— TERMS. Code chapter 459 includes a number 24 of defined terms (Code section 459.102). An animal feeding 25 operation refers to any area in which animals are confined and 26 fed and maintained for 45 days or more in any 12-month period. 27 A CAFO is a type of animal feeding operation that includes a 28 totally roofed building where confined animals are maintained 29 (as compared to an open feedlot). Confined animals are limited 30 to cattle, swine, horses, sheep, chickens, turkeys, or fish. 31 A CAFO’s structure includes a building, egg washwater storage 32 structure, or one of two types of manure storage structures, 33 formed or unformed. A formed structure has walls and a 34 floor all constructed of durable materials such as concrete 35 -3- LSB 5402XS (4) 87 da/rj 3/ 4

S.F. 2011 (as compared to an unformed structure such as an earthen 1 impoundment). A CAFO’s size is determined by calculating its 2 AU capacity. A special equivalency factor is assigned for 3 each classification of confined animal. For example, each 4 butcher or breeding swine weighing more than 55 pounds has an 5 equivalency factor of 0.4 AUs (Code section 459.102). The 6 permit requirement threshold of 1,000 AUs means that a permit 7 would be required if after construction the CAFO would have an 8 AU capacity of 2,500 of such swine (1,000 ÷ 0.4 = 2,500). 9 BILL’S EFFECTIVE DATE. The bill takes effect upon 10 enactment. 11 -4- LSB 5402XS (4) 87 da/rj 4/ 4