SF 2019 (LSB 5221XS (4) 87)

SENATE FILE 2019

BY  D. JOHNSON

A BILL FOR

An Act relating to animal agriculture, by providing for a public hearing conducted by the board of supervisors in a county where a structure associated with a confinement feeding operation is proposed to be constructed, including expanded, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 459.303, subsection 2, Code 2018, is amended to read as follows:
   2.  a.  The department shall issue a construction permit upon approval of an application.
   b.  The department shall approve the application if the application is submitted to the county board of supervisors in the county where the proposed confinement feeding operation structure is to be located as required pursuant to section 459.304, and the application meets the requirements of this chapter.
   c.  The application must include the name of at least one project manager actively involved in making all major decisions regarding the siting and construction of each confinement feeding operation structure described in the application. If a county board of supervisors conducts a public hearing concerning the application, the department shall not approve the application if the board submits credible evidence that a project manager did not attend or participate in the public hearing as required in section 459.304. A rebuttable presumption exists that a qualified project manager attended and participated at the public hearing.
   d.  If a county submits an approved recommendation pursuant to a construction evaluation resolution filed with the department, the application must also achieve a satisfactory rating produced by the master matrix used by the board or department under section 459.304. The department shall approve the application regardless of whether the applicant is required to be issued a construction permit.
    Sec. 2.  Section 459.304, subsection 2, paragraph b, Code 2018, is amended to read as follows:
   b.  (1)  The board may hold a public hearing to receive public comments regarding the application.
   (2)  If a public hearing is held, the board may require the applicant to select a project manager named in the application pursuant to section 459.303 to attend and participate in the public hearing. The participation must include explaining the application, stating a position regarding the application, and providing informed responses to questions by the board and the public regarding the application. The board may submit evidence to the department that a project manager did not attend or participate in the public hearing.
   (3)  The county board of supervisors may submit comments by the board, and the public, and the project manager to the department as provided in this section, including but not limited to all of the following:
   (1)  (a)  The existence of an object or location not included in the application that benefits from a separation distance requirement as provided in section 459.202 or 459.204 or 459.310.
   (2)  (b)  The suitability of soils and the hydrology of the site where construction of a confinement feeding operation structure is proposed.
   (3)  (c)  The availability of land for the application of manure originating from the confinement feeding operation.
   (4)  (d)  Whether the construction of a proposed confinement feeding operation structure will impede drainage through established tile lines, laterals, or other improvements which are constructed to facilitate the drainage of land not owned by the person applying for the construction permit.
    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   GENERAL. This bill amends provisions in the “Animal Agriculture Compliance Act” (Code chapter 459) which currently requires that when the department of natural resources (DNR) receives an application for a permit to construct (including expand) a structure which is to be part of a confinement feeding operation sometimes referred to as a “concentrated animal feeding operation” (CAFO), it must deliver the application to the board of supervisors (board) in the county where the structure is proposed to be located. Currently, the board may become involved in the application approval process by conducting a public hearing and submitting comments from its members and the public to DNR within 30 days from the date DNR received the application (Code sections 459.303 and 459.304).
   BILL’S PROVISIONS. The bill requires that the application include the name of one or more project managers responsible for siting and constructing the CAFO structure. The board may require the applicant to select a project manager named in the application to attend the public hearing and participate by explaining the application, stating a position regarding the application, and answering questions. The project manager’s comments may be submitted to DNR with the other comments. It is presumed that the project manager attended and participated in the public hearing. The board may submit evidence that a project manager did not attend or participate in the public hearing. If the board satisfies DNR that these requirements were not satisfied, DNR cannot approve the application.
   BACKGROUND —— PERMIT REQUIREMENTS. DNR’s responsibility to approve or disapprove a permit application and a board’s right to review and evaluate the application is based on several factors: (1) a CAFO’s capacity (1,000 or more animal units or AUs) or (2) the construction of an unformed manure storage structure. A special exemption applies to a CAFO owned by a research college (Code section 459.303). As part of the process, the permit application must be filed with DNR and the board in the county where the construction is to occur. The board may hold a public hearing to receive public comments regarding the application and forward its comments and public comments to DNR prior to the agency’s decision to approve or disapprove the application. The board is required to publish a notice of a scheduled public hearing in a newspaper having a general circulation in the county. The notice must provide relevant information about the applicant, the proposed construction, and the time and place of the public hearing (Code section 459.304).
   BACKGROUND —— TERMS —— CAFOs. Code chapter 459 includes a number of defined terms (Code section 459.102). An animal feeding operation refers to any area in which animals are confined and fed and maintained for 45 days or more in any 12-month period. A CAFO is a type of animal feeding operation that includes a totally roofed building where confined animals are maintained (as compared to an open feedlot). An unformed manure storage structure has walls and a bottom composed of earth or nondurable materials as compared with a formed manure storage structure often constructed of concrete. Confined animals are limited to cattle, swine, horses, sheep, chickens, turkeys, or fish. In calculating AUs, a special equivalency factor is assigned for each classification of confined animal. For example, each butcher or breeding swine weighing more than 55 pounds has an equivalency factor of 0.4 AUs. For purposes of calculating the permit threshold for a CAFO maintaining such swine the AU capacity must equal a minimum of 2,500 (1,000 ÷ 0.4 = 2,500). 
   EFFECTIVE DATE. The bill, if enacted, would take effect upon that date.