Senate File 2079 - Introduced SENATE FILE 2079 BY D. JOHNSON A BILL FOR An Act providing for the evaluation of permits to construct, 1 including expand, a confinement feeding operation structure 2 by using the master matrix, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5587XS (5) 87 da/rj
S.F. 2079 Section 1. Section 459.305, subsection 2, Code 2018, is 1 amended to read as follows: 2 2. The master matrix shall include criteria be available 3 for use by a county board of supervisors and the department 4 in valuing the environmental and community impacts for use 5 by county boards of supervisors and the department of an 6 application . The master matrix The master matrix shall 7 be comprised of three separate categories that assess the 8 application’s impact on air quality, water quality, and the 9 neighboring community. Each category shall include definite 10 criteria and point selections for all criteria provided in 11 the master matrix assigned to each criterion . The master 12 matrix shall provide only for scoring the accumulation 13 of positive points and shall not provide for deduction 14 of points. The master matrix shall provide for a minimum 15 threshold score required to In order for an application to 16 receive a satisfactory rating , it must achieve a threshold 17 score for each category . A threshold score equals a minimum 18 of seventy percent of the total number of possible points 19 for the category. The master matrix shall be structured to 20 ensure that it feasibly provides for a satisfactory rating. 21 Criteria valuing environmental impacts shall account for animal 22 agriculture’s relationship to quality of the environment and 23 the conservation of natural resources, and may include factors 24 that refer to all of the following: 25 a. Topography. 26 b. Surface water drainage characteristics. 27 c. The suitability of the soils and the hydrology or 28 hydrogeology of the site. 29 d. The proximity to public use areas and critical public 30 areas. 31 e. The proximity to water sources, including high-quality 32 water resources. 33 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 34 importance, takes effect upon enactment. 35 -1- LSB 5587XS (5) 87 da/rj 1/ 3
S.F. 2079 Sec. 3. APPLICABILITY —— PRIOR APPLICATIONS. The 1 amendments to section 459.305, subsection 2, as enacted in this 2 Act, shall not apply to an application to construct, including 3 expand, a confinement feeding operation structure, if a county 4 board of supervisors or the department of natural resources 5 has completed an evaluation of the application prior to the 6 effective date of this Act. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 BILL’S PROVISIONS —— GENERAL. This bill amends the 11 “Animal Agriculture Compliance Act” (Code chapter 459) which 12 generally regulates confinement feeding operations (operations) 13 including associated confinement feeding operation structures 14 (structures) by the department of natural resources (DNR). The 15 bill provides that the master matrix (matrix) used to evaluate 16 an application to construct a structure must be comprised of 17 three categories used to assess its impact on air quality, 18 water quality, and the neighboring community. It also provides 19 that an application must achieve a minimum threshold score of 20 70 percent of all points possible for each category in order to 21 be recommended for approval by a county board of supervisors 22 (board) to DNR. The bill’s provisions do not apply, if a board 23 recommended approval or disapproval of an application, or DNR 24 approved or disapproved an application, on the basis of an 25 evaluation completed prior to the effective date of the bill 26 using the matrix as it existed at that time. 27 BACKGROUND —— USE OF THE MATRIX. The purpose of the matrix 28 is to produce a statistically verifiable basis for determining 29 whether to approve or disapprove an application (Code section 30 459.305). A person preparing to construct a structure that 31 is an unformed manure storage structure or a structure that 32 is part of an operation of a certain size (at least 1,000 33 animal units) must obtain a permit by DNR (Code section 34 459.303). As part of the permit review process, a board 35 -2- LSB 5587XS (5) 87 da/rj 2/ 3
S.F. 2079 that has filed a construction evaluation resolution with DNR 1 (Code section 459.304) may make a recommendation based on the 2 results of completing the matrix. In those circumstances, DNR 3 is also required to conduct an independent evaluation of the 4 application using the matrix. 5 EFFECTIVE DATE. The bill, if enacted, would take effect upon 6 enactment. 7 -3- LSB 5587XS (5) 87 da/rj 3/ 3