Senate File 2264 - Introduced SENATE FILE 2264 BY D. JOHNSON A BILL FOR An Act authorizing counties to adopt county legislation 1 relating to the regulation of confinement feeding operations 2 to preserve drinking water sources, and including effective 3 date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5415XS (3) 87 da/rn

S.F. 2264 Section 1. Section 331.304A, subsection 2, Code 2018, is 1 amended to read as follows: 2 2. a. A county shall not adopt or enforce county 3 legislation regulating a condition or activity occurring 4 on land used for the production, care, feeding, or housing 5 of animals unless the regulation of the production, care, 6 feeding, or housing of animals is expressly authorized by 7 state law. County legislation adopted in violation of this 8 section is void and unenforceable and any enforcement activity 9 conducted in violation of this section is void. A condition 10 or activity occurring on land used for the production, care, 11 feeding, or housing of animals includes but is not limited to 12 the construction, operation, or management of an animal feeding 13 operation, an animal feeding operation structure, or aerobic 14 structure, and to the storage, handling, or application of 15 manure or egg washwater. 16 b. Paragraph “a” does not apply to a special confinement 17 feeding operations ordinance as provided in section 459.305A. 18 Sec. 2. Section 335.2, Code 2018, is amended to read as 19 follows: 20 335.2 Farms exempt. 21 1. Except to the extent required to implement section 22 335.27 , no ordinance adopted under this chapter applies to 23 land, farm houses, farm barns, farm outbuildings or other 24 buildings or structures which are primarily adapted, by reason 25 of nature and area, for use for agricultural purposes, while 26 so used. However, the ordinances may apply to any structure, 27 building, dam, obstruction, deposit or excavation in or on the 28 flood plains of any river or stream. 29 2. Subsection 1 does not apply to a special confinement 30 feeding operations ordinance as provided in section 459.305A. 31 Sec. 3. NEW SECTION . 459.305A Special confinement feeding 32 operations ordinance. 33 1. A county may adopt a special confinement feeding 34 operations ordinance. The purpose of the ordinance is to 35 -1- LSB 5415XS (3) 87 da/rn 1/ 3

S.F. 2264 allow the county board of supervisors to regulate the siting 1 and operation of a confinement feeding operation that may 2 impact the sources of drinking water accessed by residences 3 of the county. The ordinance shall include findings of fact 4 that support the board of supervisors’ conclusion that the 5 ordinance is necessary to protect its drinking water sources. 6 The ordinance may include greater or additional restrictions on 7 the construction, including expansion, of a confinement feeding 8 operation structure, or the application of manure in the county 9 that originates from the confinement feeding operation, than 10 otherwise provided in this subchapter, including rules adopted 11 by the department pursuant to this subchapter. The ordinance 12 nor any action taken by a board of supervisors under this 13 section is subject to review or approval by the department. 14 2. A person shall not construct, including expand, a 15 confinement feeding operation structure in a county that has 16 adopted a special confinement feeding operations ordinance 17 until the county board of supervisors has approved the location 18 of the confinement feeding operation in a manner and according 19 to procedures required in the ordinance. 20 a. The county board of supervisors may subject its approval 21 to conditions for the construction of the confinement feeding 22 operation structure, the operation of the confinement feeding 23 operation, or the application of manure originating from the 24 confinement feeding operation. 25 b. A person required to be issued a permit by the department 26 for the construction of a confinement feeding operation 27 structure as provided in section 459.303 must be issued such 28 permit prior to obtaining approval by the county board of 29 supervisors under this section. 30 c. A county board of supervisors may base its approval or 31 disapproval on factors other than factors considered by the 32 department when approving or disapproving an application to 33 construct the confinement feeding operation. 34 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 35 -2- LSB 5415XS (3) 87 da/rn 2/ 3

S.F. 2264 importance, takes effect upon enactment. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill in part amends provisions in Code chapter 459 5 which authorize the department of natural resources to regulate 6 confinement feeding operations, including by issuing permits 7 for the construction or expansion of structures associated with 8 a confinement feeding operation (e.g., a building or manure 9 storage structure). 10 The bill provides that a county may adopt a special 11 confinement feeding operations ordinance which allows a county 12 board of supervisors to regulate the siting and operation 13 of the confinement feeding operation, which may including 14 approving the site where the construction is to occur. The 15 ordinance may include provisions that are more restrictive 16 than otherwise provided under state law. The board may place 17 conditions on site approval if the conditions relate to the 18 construction or operation of the confinement feeding operation 19 or to manure application. 20 The bill provides that the county may adopt the ordinance 21 notwithstanding provisions in Code section 331.304A which 22 prohibits a county from adopting legislation that regulates 23 animal agriculture and Code section 335.2 which prohibits a 24 county from adopting an ordinance that provides for the zoning 25 of farm structures. 26 The bill would take effect upon enactment. 27 -3- LSB 5415XS (3) 87 da/rn 3/ 3