House File 201 - IntroducedA Bill ForAn Act 1establishing an advisory committee to evaluate the use
2and value of the master matrix when approving a permit to
3construct a confinement feeding operation structure, and
4including effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  MASTER MATRIX EVALUATION ADVISORY COMMITTEE.
   21.  A master matrix advisory committee is established to
3evaluate the use and value of the master matrix adopted by the
4department of natural resources pursuant to section 459.305 and
5the extent to which the process of evaluating and approving
6or disapproving the construction of a confinement feeding
7operation structure by the department of natural resources may
8be improved.
   92.  The advisory committee shall be composed of seventeen
10voting members, including all of the following:
   11a.  The director of the department of natural resources or a
12designee of the director.
   13b.  The secretary of agriculture or a designee of the
14secretary.
   15c.  The director of the Iowa department of public health, or
16the director’s designee.
   17d.  A representative of the Iowa environmental council.
   18e.  A representative of the Iowa natural heritage
19foundation.
   20f.  A representative of the Iowa state association of
21counties.
   22g.  A representative of the Iowa league of cities.
   23h.  A representative of the Iowa public health association.
   24i.  A representative of the Iowa association of municipal
25utilities.
   26j.  A representative of the Iowa citizens for community
27improvement.
   28k.  A representative of the Iowa farmers union.
   29l.  A representative of the Iowa pork producers association.
   30m.  A representative of the Iowa cattlemen’s association.
   31n.  A representative of the Iowa poultry association.
   32o.  A representative of the Iowa corn growers association.
   33p.  A representative of the Iowa soybean association.
   34q.  A representative of the Iowa farm bureau federation.
   353.  The advisory committee shall also include four members
-1-1of the general assembly appointed to serve in an ex officio,
2nonvoting capacity. The legislative members shall be selected,
3one member each, by the majority leader of the senate, the
4minority leader of the senate, the speaker of the house of
5representatives, and the minority leader of the house of
6representatives.
   74.  The department of natural resources shall provide
8administrative support to the committee. The attorney general
9shall appoint an assistant attorney general to provide the
10advisory committee with legal counsel and assistance. The
11president of Iowa state university of science and technology
12shall appoint a person to provide the advisory committee with
13technical advice and assistance.
   145.  The director of the department of natural resources
15or the director’s designee shall serve as the advisory
16committee’s chairperson. The advisory committee may elect a
17vice-chairperson. A majority of the voting members of the
18advisory committee constitutes a quorum. Any substantive
19action taken by the advisory committee must be adopted by the
20affirmative vote of a majority of its voting membership. A
21lesser number of voting members may adjourn a meeting.
   226.  Voting members of the advisory committee, other than
23state employees, are entitled to be reimbursed for actual
24expenses necessarily incurred in the discharge of their
25duties as members of the advisory committee. The expenses
26shall be paid to the advisory committee members from moneys
27appropriated to the department of natural resources. Voting
28members of the advisory committee, other than state employees,
29are eligible to receive compensation as provided in section
307E.6. A legislative member is eligible to receive a per diem
31and expenses as provided in section 2.10.
   327.  The advisory committee shall consider all of the
33following in evaluating the use of the master matrix:
   34a.  The extent to which the master matrix is designed for
35use by county boards of supervisors in making decisions for the
-2-1public interest.
   2b.  The use and value of different subcategories of criteria
3in the master matrix used to score an application, including
4the impact of a proposed construction on water quality, air
5quality, and community, as well as public health, secondary
6road systems, and public utilities. The advisory committee
7shall evaluate the necessity of retaining existing criteria or
8adding new criteria.
   9c.  The manner in which criteria is scored, including the use
10of a positive and negative point system, and the calculation of
11a minimum threshold score to receive a satisfactory rating.
   128.  The advisory committee shall determine the extent
13to which the process of approving applications for the
14construction of confinement feeding operation structures,
15including the siting of such structures and the use of manure
16management practices, may be improved. The advisory committee
17shall consider the functions of cities and counties in this
18process and the limitations imposed on county boards of
19supervisors to make decisions regulating the construction and
20management of confinement feeding operations under section
21331.304A.
   229.  The advisory committee may conduct hearings throughout
23the state to receive public comments. The committee shall
24conduct surveys of county boards of supervisors throughout the
25state. All hearings and meetings of the advisory committee
26shall be open to the public.
   2710.  The advisory committee shall prepare and submit a
28report to the governor and general assembly not later than
29December 13, 2019. The report shall include the findings
30and recommendations of the advisory committee, including
31proposed legislation for consideration by the eighty-eighth
32general assembly and a proposed notice of intended action for
33the adoption of rules for consideration by the environmental
34protection commission. The committee shall discontinue its
35functions on that date.
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1   Sec. 2.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
2immediate importance, takes effect upon enactment.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
   6BILL’S PROVISIONS — ESTABLISHMENT OF A MASTER MATRIX
7ADVISORY COMMITTEE. This bill establishes a master matrix
8advisory committee to evaluate the use and value of the
9department of natural resource’s master matrix and the process
10of evaluating and approving or disapproving applications to
11establish or expand confinement feeding operations.
   12BILL’S PROVISIONS — COMPOSITION OF COMMITTEE MEMBERSHIP AND
13PROCEDURES. The advisory committee is to be composed of (1)
14members of state agencies regulating environmental protection,
15agriculture, and public health; (2) representatives of private
16organizations interested in the environment, natural resources,
17agricultural practices, the interests of counties and cities,
18public health, and utilities; and (3) representatives of
19private organizations associated with agricultural commodity
20production which includes both crops (corn and soybeans) and
21animal agriculturals (swine, cattle, and poultry). The bill
22includes four members of the general assembly as ex officio,
23nonvoting members. The advisory committee is to be staffed
24by departmental employees, an assistant attorney general, and
25a person appointed by Iowa state university of science and
26technology. The bill provides procedures for the operation
27of the advisory committee, including the designation of a
28chairperson, quorum and voting requirements, and compensation.
   29BILL’S PROVISIONS — DUTIES. The advisory committee
30is required to consider the use and value of different
31subcategories of criteria in the master matrix used to score an
32application, and the manner in which criteria is scored. The
33advisory committee is also required to determine the extent to
34which the process of approving the construction of confinement
35feeding operation structures may be improved and statutory
-4-1limitations imposed upon counties to regulate confinement
2feeding operations. The advisory committee may conduct
3hearings throughout the state and conduct surveys of county
4boards of supervisors. The advisory committee must prepare and
5submit a report to the governor and general assembly not later
6than December 13, 2019. The report must include the advisory
7committee’s findings and recommendations, including proposed
8legislation and rulemaking documents. The bill takes effect
9upon enactment.
   10BACKGROUND — TERMS. A confinement feeding operation
11structure is a type of animal feeding operation that includes
12a building to house agricultural animals and a structure used
13to store manure or in the case of layer operations a structure
14used to store washwater. A confinement feeding operation
15refers to a place where agricultural animals are confined and
16fed in totally roofed buildings for 45 days or more in any
1712-month period.
   18BACKGROUND — MASTER MATRIX. The master matrix refers
19to a form completed by a person applying for a construction
20permit. The applicant is awarded points based on an agreement
21to construct the confinement feeding operation structure or
22use manure management practices in a manner that exceeds
23specific state law requirements. The master matrix includes
24three subcategories which value impacts on air, water, and
25community. An applicant must obtain a minimum overall score
26of 440 out of 880 points and a score of 25 percent of available
27points in each of the three subcategories. A county board of
28supervisors which adopts a construction evaluation resolution
29may evaluate the application and matrix and submit comments to
30the department of natural resources (Code section 459.304),
31which decides whether to approve or disapprove the application
32(Code section 459.303). A county is statutorily preempted
33from approving, denying, or imposing conditions upon the
34construction of a confinement feeding operation structure or
35the management of manure originating from the operation (Code
-5-1section 331.304A).
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