House File 200 - Introduced HOUSE FILE 200 BY STECKMAN , HUNTER , OLDSON , STAED , COHOON , MASCHER , and THEDE A BILL FOR An Act relating to animal agriculture, by providing for a 1 public hearing conducted by the board of supervisors in 2 a county where a structure associated with a confinement 3 feeding operation is proposed to be constructed, including 4 expanded, and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1873YH (2) 88 da/rn
H.F. 200 Section 1. Section 459.303, subsection 2, Code 2019, is 1 amended to read as follows: 2 2. a. The department shall issue a construction permit upon 3 approval of an application. 4 b. The department shall approve the application if the 5 application is submitted to the county board of supervisors in 6 the county where the proposed confinement feeding operation 7 structure is to be located as required pursuant to section 8 459.304 , and the application meets the requirements of this 9 chapter . 10 c. The application must include the name of at least one 11 project manager actively involved in making all major decisions 12 regarding the siting and construction of each confinement 13 feeding operation structure described in the application. 14 If a county board of supervisors conducts a public hearing 15 concerning the application, the department shall not approve 16 the application if the board submits credible evidence 17 that a project manager did not attend or participate in the 18 public hearing as required in section 459.304. A rebuttable 19 presumption exists that a qualified project manager attended 20 and participated at the public hearing. 21 d. If a county submits an approved recommendation pursuant 22 to a construction evaluation resolution filed with the 23 department, the application must also achieve a satisfactory 24 rating produced by the master matrix used by the board or 25 department under section 459.304 . The department shall approve 26 the application regardless of whether the applicant is required 27 to be issued a construction permit. 28 Sec. 2. Section 459.304, subsection 2, paragraph b, Code 29 2019, is amended to read as follows: 30 b. (1) The board may hold a public hearing to receive 31 public comments regarding the application. 32 (2) If a public hearing is held, the board may require the 33 applicant to select a project manager named in the application 34 pursuant to section 459.303 to attend and participate in the 35 -1- LSB 1873YH (2) 88 da/rn 1/ 3
H.F. 200 public hearing. The participation must include explaining the 1 application, stating a position regarding the application, and 2 providing informed responses to questions by the board and 3 the public regarding the application. The board may submit 4 evidence to the department that a project manager did not 5 attend or participate in the public hearing. 6 (3) The county board of supervisors may submit comments 7 by the board , and the public , and the project manager to the 8 department as provided in this section , including but not 9 limited to all of the following: 10 (1) (a) The existence of an object or location not included 11 in the application that benefits from a separation distance 12 requirement as provided in section 459.202 or 459.204 or 13 459.310 . 14 (2) (b) The suitability of soils and the hydrology of the 15 site where construction of a confinement feeding operation 16 structure is proposed. 17 (3) (c) The availability of land for the application of 18 manure originating from the confinement feeding operation. 19 (4) (d) Whether the construction of a proposed confinement 20 feeding operation structure will impede drainage through 21 established tile lines, laterals, or other improvements which 22 are constructed to facilitate the drainage of land not owned by 23 the person applying for the construction permit. 24 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 25 importance, takes effect upon enactment. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 BILL PROVISIONS. This bill amends provisions in the “Animal 30 Agriculture Compliance Act” (Code chapter 459) which currently 31 requires that when the department of natural resources (DNR) 32 receives an application for a permit to construct (including 33 expand) a structure which is to be part of a confinement 34 feeding operation (operation), it must deliver the application 35 -2- LSB 1873YH (2) 88 da/rn 2/ 3
H.F. 200 to the board of supervisors (board) in the county where 1 the structure is proposed to be located. The bill requires 2 that the application include the name of one or more project 3 managers responsible for siting and constructing the structure. 4 The board may require the applicant to select a project 5 manager named in the application to attend the public hearing 6 and participate by explaining the application, stating a 7 position regarding the application, and answering questions. 8 The project manager’s comments may be submitted to DNR with 9 the other comments. It is presumed that the project manager 10 attended and participated in the public hearing. The board 11 may submit evidence that a project manager did not attend or 12 participate in the public hearing. If the board satisfies DNR 13 that these requirements were not satisfied, DNR cannot approve 14 the application. 15 BACKGROUND —— PERMIT REQUIREMENTS. DNR’s responsibility 16 to approve or disapprove a permit application and a board’s 17 right to review and evaluate the application is based on 18 several factors including: (1) an operation’s capacity and (2) 19 the construction of an unformed manure storage structure. A 20 special exemption applies to an operation owned by a research 21 college (Code section 459.303). As part of the process, the 22 permit application must be filed with DNR and the board in 23 the county where the construction is to occur. The board may 24 hold a public hearing to receive public comments regarding the 25 application and forward its comments and public comments to 26 DNR prior to the agency’s decision to approve or disapprove 27 the application. The board is required to publish a notice 28 of a scheduled public hearing in a newspaper having a general 29 circulation in the county. The notice must provide relevant 30 information about the applicant, the proposed construction, 31 and the time and place of the public hearing (Code section 32 459.304). 33 EFFECTIVE DATE. The bill takes effect upon enactment. 34 -3- LSB 1873YH (2) 88 da/rn 3/ 3