S.F. 293 Section 1. MASTER MATRIX EVALUATION ADVISORY COMMITTEE. 1 1. A master matrix advisory committee is established to 2 evaluate the use and value of the master matrix adopted by the 3 department of natural resources pursuant to section 459.305 and 4 the extent to which the process of evaluating and approving 5 or disapproving the construction of a confinement feeding 6 operation structure by the department of natural resources may 7 be improved. 8 2. The advisory committee shall be composed of fifteen 9 voting members, including all of the following: 10 a. The director of the department of natural resources or a 11 designee of the director. 12 b. The secretary of agriculture or a designee of the 13 secretary. 14 c. The director of the Iowa department of public health, or 15 the director’s designee. 16 d. A representative of the Iowa environmental council. 17 e. A representative of the Iowa natural heritage 18 foundation. 19 f. A representative of the Iowa state association of 20 counties. 21 g. A representative of the Iowa league of cities. 22 h. A representative of the Iowa public health association. 23 i. A representative of the Iowa association of municipal 24 utilities. 25 j. A representative of the Iowa pork producers association. 26 k. A representative of the Iowa cattlemen’s association. 27 l. A representative of the Iowa poultry association. 28 m. A representative of the Iowa corn growers association. 29 n. A representative of the Iowa soybean association. 30 o. A representative of the Iowa farm bureau federation. 31 3. The advisory committee shall also include four members 32 of the general assembly appointed to serve in an ex officio, 33 nonvoting capacity. The legislative members shall be selected, 34 one member each, by the majority leader of the senate, the 35 -1- LSB 2071XS (3) 87 da/nh 1/ 6

S.F. 293 minority leader of the senate, the speaker of the house of 1 representatives, and the minority leader of the house of 2 representatives. 3 4. The department of natural resources shall provide 4 administrative support to the committee. The attorney general 5 shall appoint an assistant attorney general to provide the 6 advisory committee with legal counsel and assistance. The 7 president of Iowa state university of science and technology 8 shall appoint a person to provide the advisory committee with 9 technical advice and assistance. 10 5. The director of the department of natural resources 11 or the director’s designee shall serve as the advisory 12 committee’s chairperson. The advisory committee may elect a 13 vice-chairperson. A majority of the voting members of the 14 advisory committee constitutes a quorum. Any substantive 15 action taken by the advisory committee must be adopted by the 16 affirmative vote of a majority of its voting membership. A 17 lesser number of voting members may adjourn a meeting. 18 6. Voting members of the advisory committee, other than 19 state employees, are entitled to be reimbursed for actual 20 expenses necessarily incurred in the discharge of their 21 duties as members of the advisory committee. The expenses 22 shall be paid to the advisory committee members from moneys 23 appropriated to the department of natural resources. Voting 24 members of the advisory committee, other than state employees, 25 are eligible to receive compensation as provided in section 26 7E.6. A legislative member is eligible to receive a per diem 27 and expenses as provided in section 2.10. 28 7. The advisory committee shall consider all of the 29 following in evaluating the use of the master matrix: 30 a. The extent to which the master matrix is designed for 31 use by county boards of supervisors in making decisions for the 32 public interest. 33 b. The use and value of different subcategories of criteria 34 in the master matrix used to score an application, including 35 -2- LSB 2071XS (3) 87 da/nh 2/ 6

S.F. 293 the impact of a proposed construction on water quality, air 1 quality, and community, as well as public health, secondary 2 road systems, and public utilities. The advisory committee 3 shall evaluate the necessity of retaining existing criteria or 4 adding new criteria. 5 c. The manner in which criteria is scored, including the use 6 of a positive and negative point system, and the calculation of 7 a minimum threshold score to receive a satisfactory rating. 8 8. The advisory committee shall determine the extent 9 to which the process of approving applications for the 10 construction of confinement feeding operation structures, 11 including the siting of such structures and the use of manure 12 management practices, may be improved. The advisory committee 13 shall consider the functions of cities and counties in this 14 process and the limitations imposed on county boards of 15 supervisors to make decisions regulating the construction and 16 management of confinement feeding operations under section 17 331.304A. 18 9. The advisory committee may conduct hearings throughout 19 the state to receive public comments. The committee shall 20 conduct surveys of county boards of supervisors throughout the 21 state. All hearings and meetings of the advisory committee 22 shall be open to the public. 23 10. The advisory committee shall prepare and submit a 24 report to the governor and general assembly not later than 25 December 15, 2017. The report shall include the findings 26 and recommendations of the advisory committee, including 27 proposed legislation for consideration by the eighty-seventh 28 general assembly and a proposed notice of intended action for 29 the adoption of rules for consideration by the environmental 30 protection commission. The committee shall discontinue its 31 functions on that date. 32 Sec. 2. REPEAL. This Act is repealed on July 1, 2018. 33 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 34 immediate importance, takes effect upon enactment. 35 -3- LSB 2071XS (3) 87 da/nh 3/ 6

S.F. 293 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 BILL’S PROVISIONS —— ESTABLISHMENT OF A MASTER MATRIX 4 ADVISORY COMMITTEE. This bill establishes a master matrix 5 advisory committee to evaluate the use and value of the 6 department of natural resource’s master matrix and the process 7 of evaluating and approving or disapproving applications to 8 establish or expand confinement feeding operations. 9 BILL’S PROVISIONS —— COMPOSITION OF COMMITTEE MEMBERSHIP 10 AND PROCEDURES. The advisory committee is to be composed 11 of (1) members of state agencies regulating environmental 12 protection, agriculture, and public health; (2) representatives 13 of private organizations interested in the environment and 14 natural resources, the interests of counties and cities, public 15 health, and utilities; and (3) representatives of private 16 organizations associated with agricultural production which 17 includes both crop production (corn and soybeans) and animal 18 agricultural production (swine, cattle, and poultry). The bill 19 includes four members of the general assembly. The advisory 20 committee is to be staffed by departmental employees, an 21 assistant attorney general, and a person appointed by Iowa 22 state university of science and technology. The bill provides 23 procedures for the operation of the advisory committee, 24 including the designation of a chairperson, quorum and voting 25 requirements, and compensation. 26 BILL’S PROVISIONS —— DUTIES. The advisory committee 27 is required to consider the use and value of different 28 subcategories of criteria in the master matrix used to score an 29 application, and the manner in which criteria is scored. The 30 advisory committee is also required to determine the extent to 31 which the process of approving the construction of confinement 32 feeding operation structures may be improved and statutory 33 limitations imposed upon counties to regulate confinement 34 feeding operations. The advisory committee may conduct 35 -4- LSB 2071XS (3) 87 da/nh 4/ 6

S.F. 293 hearings throughout the state and conduct surveys of county 1 boards of supervisors. The advisory committee must prepare and 2 submit a report to the governor and general assembly not later 3 than December 15, 2017. The report must include the advisory 4 committee’s findings and recommendations, including proposed 5 legislation and rulemaking documents. The bill takes effect 6 upon enactment and is repealed on July 1, 2018. 7 BACKGROUND —— TERMS. A confinement feeding operation 8 structure is a type of animal feeding operation that includes 9 a building to house agricultural animals and a structure used 10 to store manure or in the case of layer operations a structure 11 used to store washwater. A confinement feeding operation 12 refers to a place where agricultural animals are confined and 13 fed in totally roofed buildings for 45 days or more in any 14 12-month period. 15 BACKGROUND —— PERMIT REQUIREMENTS. A person must obtain a 16 permit from the department before constructing a confinement 17 feeding operation structure (Code section 459.303), if the 18 confinement feeding operation meets a minimum threshold 19 capacity of 1,000 animal units (2,500 swine over 55 pounds) or 20 would use an unformed manure storage structure (Code section 21 459.304). 22 BACKGROUND —— MASTER MATRIX. The master matrix refers 23 to a form completed by a person applying for a construction 24 permit. The applicant is awarded points based on an agreement 25 to construct the confinement feeding operation structure or use 26 manure management practices in a manner that exceeds specific 27 state law requirements. For example, Code section 459.202 28 requires a confinement feeding operation with an animal unit 29 capacity of less than 1,000 animal units to be located at a 30 minimum separation distance of 1,250 feet from an educational 31 institution. The master matrix awards five points to the 32 applicant if the separation distance is increased by 250 33 feet (567 IAC ch. 65 Appendix B). The master matrix includes 34 three subcategories which value impacts on air, water, and 35 -5- LSB 2071XS (3) 87 da/nh 5/ 6

S.F. 293 community. An applicant must obtain a minimum overall score 1 of 440 out of 880 points and a score of 25 percent of available 2 points in each of the three subcategories. A county board of 3 supervisors which adopts a construction evaluation resolution 4 may evaluate the application and matrix and submit comments to 5 the department (Code section 459.304), which decides whether to 6 approve or disapprove the application (Code section 459.303). 7 A county is statutorily preempted from approving, denying, or 8 imposing conditions upon the construction of a confinement 9 feeding operation structure or the management of manure 10 originating from the operation (Code section 331.304A). 11 -6- LSB 2071XS (3) 87 da/nh 6/ 6