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
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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.
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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
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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.
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