House File 143 - IntroducedA Bill ForAn Act 1relating to animal agriculture, by providing for a
2public hearing conducted by the board of supervisors in
3a county where a structure associated with a confinement
4feeding operation is proposed to be constructed, including
5expanded, and including effective date provisions.
1   Section 1.  Section 459.303, subsection 2, Code 2019, is
2amended to read as follows:
   32.  a.  The department shall issue a construction permit upon
4approval of an application.
   5b.  The department shall approve the application if the
6application is submitted to the county board of supervisors in
7the county where the proposed confinement feeding operation
8structure is to be located as required pursuant to section
9459.304, and the application meets the requirements of this
   11c.  The application must include the name of at least one
12project manager actively involved in making all major decisions
13regarding the siting and construction of each confinement
14feeding operation structure described in the application.
15If a county board of supervisors conducts a public hearing
16concerning the application, the department shall not approve
17the application if the board submits credible evidence
18that a project manager did not attend or participate in the
19public hearing as required in section 459.304. A rebuttable
20presumption exists that a qualified project manager attended
21and participated at the public hearing.
   22d.  If a county submits an approved recommendation pursuant
23to a construction evaluation resolution filed with the
24department, the application must also achieve a satisfactory
25rating produced by the master matrix used by the board or
26department under section 459.304. The department shall approve
27the application regardless of whether the applicant is required
28to be issued a construction permit.
29   Sec. 2.  Section 459.304, subsection 2, paragraph b, Code
302019, is amended to read as follows:
   31b.  (1)  The board may hold a public hearing to receive
32public comments regarding the application.
   33(2)  If a public hearing is held, the board may require the
34applicant to select a project manager named in the application
35pursuant to section 459.303 to attend and participate in the
-1-1public hearing. The participation must include explaining the
2application, stating a position regarding the application, and
3providing informed responses to questions by the board and
4the public regarding the application. The board may submit
5evidence to the department that a project manager did not
6attend or participate in the public hearing.
   7(3)  The county board of supervisors may submit comments
8by the board, and the public, and the project manager to the
9department as provided in this section, including but not
10limited to all of the following:
   11(1)    (a)  The existence of an object or location not included
12in the application that benefits from a separation distance
13requirement as provided in section 459.202 or 459.204 or
   15(2)    (b)  The suitability of soils and the hydrology of the
16site where construction of a confinement feeding operation
17structure is proposed.
   18(3)    (c)  The availability of land for the application of
19manure originating from the confinement feeding operation.
   20(4)    (d)  Whether the construction of a proposed confinement
21feeding operation structure will impede drainage through
22established tile lines, laterals, or other improvements which
23are constructed to facilitate the drainage of land not owned by
24the person applying for the construction permit.
25   Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate
26importance, takes effect upon enactment.
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
   30BILL PROVISIONS. This bill amends provisions in the “Animal
31Agriculture Compliance Act” (Code chapter 459) which currently
32requires that when the department of natural resources (DNR)
33receives an application for a permit to construct (including
34expand) a structure which is to be part of a confinement
35feeding operation (operation), it must deliver the application
-2-1to the board of supervisors (board) in the county where
2the structure is proposed to be located. The bill requires
3that the application include the name of one or more project
4managers responsible for siting and constructing the structure.
5The board may require the applicant to select a project
6manager named in the application to attend the public hearing
7and participate by explaining the application, stating a
8position regarding the application, and answering questions.
9The project manager’s comments may be submitted to DNR with
10the other comments. It is presumed that the project manager
11attended and participated in the public hearing. The board
12may submit evidence that a project manager did not attend or
13participate in the public hearing. If the board satisfies DNR
14that these requirements were not satisfied, DNR cannot approve
15the application.
17to approve or disapprove a permit application and a board’s
18right to review and evaluate the application is based on
19several factors including: (1) an operation’s capacity and (2)
20the construction of an unformed manure storage structure. A
21special exemption applies to an operation owned by a research
22college (Code section 459.303). As part of the process, the
23permit application must be filed with DNR and the board in
24the county where the construction is to occur. The board may
25hold a public hearing to receive public comments regarding the
26application and forward its comments and public comments to
27DNR prior to the agency’s decision to approve or disapprove
28the application. The board is required to publish a notice
29of a scheduled public hearing in a newspaper having a general
30circulation in the county. The notice must provide relevant
31information about the applicant, the proposed construction,
32and the time and place of the public hearing (Code section
   34EFFECTIVE DATE. The bill takes effect upon enactment.