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Senate File 293 - IntroducedA Bill ForAn Act 1establishing a master matrix evaluation advisory
2committee, and including effective date provisions.
3BE 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 fifteen
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 pork producers association.
27k. A representative of the Iowa cattlemen’s association.
28l. A representative of the Iowa poultry association.
29m. A representative of the Iowa corn growers association.
30n. A representative of the Iowa soybean association.
31o. A representative of the Iowa farm bureau federation.
323. The advisory committee shall also include four members
33of the general assembly appointed to serve in an ex officio,
34nonvoting capacity. The legislative members shall be selected,
35one member each, by the majority leader of the senate, the
-1-1minority leader of the senate, the speaker of the house of
2representatives, and the minority leader of the house of
3representatives.
44. The department of natural resources shall provide
5administrative support to the committee. The attorney general
6shall appoint an assistant attorney general to provide the
7advisory committee with legal counsel and assistance. The
8president of Iowa state university of science and technology
9shall appoint a person to provide the advisory committee with
10technical advice and assistance.
115. The director of the department of natural resources
12or the director’s designee shall serve as the advisory
13committee’s chairperson. The advisory committee may elect a
14vice-chairperson. A majority of the voting members of the
15advisory committee constitutes a quorum. Any substantive
16action taken by the advisory committee must be adopted by the
17affirmative vote of a majority of its voting membership. A
18lesser number of voting members may adjourn a meeting.
196. Voting members of the advisory committee, other than
20state employees, are entitled to be reimbursed for actual
21expenses necessarily incurred in the discharge of their
22duties as members of the advisory committee. The expenses
23shall be paid to the advisory committee members from moneys
24appropriated to the department of natural resources. Voting
25members of the advisory committee, other than state employees,
26are eligible to receive compensation as provided in section
277E.6. A legislative member is eligible to receive a per diem
28and expenses as provided in section 2.10.
297. The advisory committee shall consider all of the
30following in evaluating the use of the master matrix:
31a. The extent to which the master matrix is designed for
32use by county boards of supervisors in making decisions for the
33public interest.
34b. The use and value of different subcategories of criteria
35in the master matrix used to score an application, including
-2-1the impact of a proposed construction on water quality, air
2quality, and community, as well as public health, secondary
3road systems, and public utilities. The advisory committee
4shall evaluate the necessity of retaining existing criteria or
5adding new criteria.
6c. The manner in which criteria is scored, including the use
7of a positive and negative point system, and the calculation of
8a minimum threshold score to receive a satisfactory rating.
98. The advisory committee shall determine the extent
10to which the process of approving applications for the
11construction of confinement feeding operation structures,
12including the siting of such structures and the use of manure
13management practices, may be improved. The advisory committee
14shall consider the functions of cities and counties in this
15process and the limitations imposed on county boards of
16supervisors to make decisions regulating the construction and
17management of confinement feeding operations under section
18331.304A.
199. The advisory committee may conduct hearings throughout
20the state to receive public comments. The committee shall
21conduct surveys of county boards of supervisors throughout the
22state. All hearings and meetings of the advisory committee
23shall be open to the public.
2410. The advisory committee shall prepare and submit a
25report to the governor and general assembly not later than
26December 15, 2017. The report shall include the findings
27and recommendations of the advisory committee, including
28proposed legislation for consideration by the eighty-seventh
29general assembly and a proposed notice of intended action for
30the adoption of rules for consideration by the environmental
31protection commission. The committee shall discontinue its
32functions on that date.
33 Sec. 2. REPEAL. This Act is repealed on July 1, 2018.
34 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
35immediate importance, takes effect upon enactment.
-3-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4BILL’S PROVISIONS — ESTABLISHMENT OF A MASTER MATRIX
5ADVISORY COMMITTEE. This bill establishes a master matrix
6advisory committee to evaluate the use and value of the
7department of natural resource’s master matrix and the process
8of evaluating and approving or disapproving applications to
9establish or expand confinement feeding operations.
10BILL’S PROVISIONS — COMPOSITION OF COMMITTEE MEMBERSHIP
11AND PROCEDURES. The advisory committee is to be composed
12of (1) members of state agencies regulating environmental
13protection, agriculture, and public health; (2) representatives
14of private organizations interested in the environment and
15natural resources, the interests of counties and cities, public
16health, and utilities; and (3) representatives of private
17organizations associated with agricultural production which
18includes both crop production (corn and soybeans) and animal
19agricultural production (swine, cattle, and poultry). The bill
20includes four members of the general assembly. The advisory
21committee is to be staffed by departmental employees, an
22assistant attorney general, and a person appointed by Iowa
23state university of science and technology. The bill provides
24procedures for the operation of the advisory committee,
25including the designation of a chairperson, quorum and voting
26requirements, and compensation.
27BILL’S PROVISIONS — DUTIES. The advisory committee
28is required to consider the use and value of different
29subcategories of criteria in the master matrix used to score an
30application, and the manner in which criteria is scored. The
31advisory committee is also required to determine the extent to
32which the process of approving the construction of confinement
33feeding operation structures may be improved and statutory
34limitations imposed upon counties to regulate confinement
35feeding operations. The advisory committee may conduct
-4-1hearings throughout the state and conduct surveys of county
2boards of supervisors. The advisory committee must prepare and
3submit a report to the governor and general assembly not later
4than December 15, 2017. The report must include the advisory
5committee’s findings and recommendations, including proposed
6legislation and rulemaking documents. The bill takes effect
7upon enactment and is repealed on July 1, 2018.
8BACKGROUND — TERMS. A confinement feeding operation
9structure is a type of animal feeding operation that includes
10a building to house agricultural animals and a structure used
11to store manure or in the case of layer operations a structure
12used to store washwater. A confinement feeding operation
13refers to a place where agricultural animals are confined and
14fed in totally roofed buildings for 45 days or more in any
1512-month period.
16BACKGROUND — PERMIT REQUIREMENTS. A person must obtain a
17permit from the department before constructing a confinement
18feeding operation structure (Code section 459.303), if the
19confinement feeding operation meets a minimum threshold
20capacity of 1,000 animal units (2,500 swine over 55 pounds) or
21would use an unformed manure storage structure (Code section
22459.304).
23BACKGROUND — MASTER MATRIX. The master matrix refers
24to a form completed by a person applying for a construction
25permit. The applicant is awarded points based on an agreement
26to construct the confinement feeding operation structure or use
27manure management practices in a manner that exceeds specific
28state law requirements. For example, Code section 459.202
29requires a confinement feeding operation with an animal unit
30capacity of less than 1,000 animal units to be located at a
31minimum separation distance of 1,250 feet from an educational
32institution. The master matrix awards five points to the
33applicant if the separation distance is increased by 250
34feet (567 IAC ch.65 Appendix B). The master matrix includes
35three subcategories which value impacts on air, water, and
-5-1community. An applicant must obtain a minimum overall score
2of 440 out of 880 points and a score of 25 percent of available
3points in each of the three subcategories. A county board of
4supervisors which adopts a construction evaluation resolution
5may evaluate the application and matrix and submit comments to
6the department (Code section 459.304), which decides whether to
7approve or disapprove the application (Code section 459.303).
8A county is statutorily preempted from approving, denying, or
9imposing conditions upon the construction of a confinement
10feeding operation structure or the management of manure
11originating from the operation (Code section 331.304A).
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2committee, and including effective date provisions.
3BE 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 fifteen
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 pork producers association.
27k. A representative of the Iowa cattlemen’s association.
28l. A representative of the Iowa poultry association.
29m. A representative of the Iowa corn growers association.
30n. A representative of the Iowa soybean association.
31o. A representative of the Iowa farm bureau federation.
323. The advisory committee shall also include four members
33of the general assembly appointed to serve in an ex officio,
34nonvoting capacity. The legislative members shall be selected,
35one member each, by the majority leader of the senate, the
-1-1minority leader of the senate, the speaker of the house of
2representatives, and the minority leader of the house of
3representatives.
44. The department of natural resources shall provide
5administrative support to the committee. The attorney general
6shall appoint an assistant attorney general to provide the
7advisory committee with legal counsel and assistance. The
8president of Iowa state university of science and technology
9shall appoint a person to provide the advisory committee with
10technical advice and assistance.
115. The director of the department of natural resources
12or the director’s designee shall serve as the advisory
13committee’s chairperson. The advisory committee may elect a
14vice-chairperson. A majority of the voting members of the
15advisory committee constitutes a quorum. Any substantive
16action taken by the advisory committee must be adopted by the
17affirmative vote of a majority of its voting membership. A
18lesser number of voting members may adjourn a meeting.
196. Voting members of the advisory committee, other than
20state employees, are entitled to be reimbursed for actual
21expenses necessarily incurred in the discharge of their
22duties as members of the advisory committee. The expenses
23shall be paid to the advisory committee members from moneys
24appropriated to the department of natural resources. Voting
25members of the advisory committee, other than state employees,
26are eligible to receive compensation as provided in section
277E.6. A legislative member is eligible to receive a per diem
28and expenses as provided in section 2.10.
297. The advisory committee shall consider all of the
30following in evaluating the use of the master matrix:
31a. The extent to which the master matrix is designed for
32use by county boards of supervisors in making decisions for the
33public interest.
34b. The use and value of different subcategories of criteria
35in the master matrix used to score an application, including
-2-1the impact of a proposed construction on water quality, air
2quality, and community, as well as public health, secondary
3road systems, and public utilities. The advisory committee
4shall evaluate the necessity of retaining existing criteria or
5adding new criteria.
6c. The manner in which criteria is scored, including the use
7of a positive and negative point system, and the calculation of
8a minimum threshold score to receive a satisfactory rating.
98. The advisory committee shall determine the extent
10to which the process of approving applications for the
11construction of confinement feeding operation structures,
12including the siting of such structures and the use of manure
13management practices, may be improved. The advisory committee
14shall consider the functions of cities and counties in this
15process and the limitations imposed on county boards of
16supervisors to make decisions regulating the construction and
17management of confinement feeding operations under section
18331.304A.
199. The advisory committee may conduct hearings throughout
20the state to receive public comments. The committee shall
21conduct surveys of county boards of supervisors throughout the
22state. All hearings and meetings of the advisory committee
23shall be open to the public.
2410. The advisory committee shall prepare and submit a
25report to the governor and general assembly not later than
26December 15, 2017. The report shall include the findings
27and recommendations of the advisory committee, including
28proposed legislation for consideration by the eighty-seventh
29general assembly and a proposed notice of intended action for
30the adoption of rules for consideration by the environmental
31protection commission. The committee shall discontinue its
32functions on that date.
33 Sec. 2. REPEAL. This Act is repealed on July 1, 2018.
34 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
35immediate importance, takes effect upon enactment.
-3-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4BILL’S PROVISIONS — ESTABLISHMENT OF A MASTER MATRIX
5ADVISORY COMMITTEE. This bill establishes a master matrix
6advisory committee to evaluate the use and value of the
7department of natural resource’s master matrix and the process
8of evaluating and approving or disapproving applications to
9establish or expand confinement feeding operations.
10BILL’S PROVISIONS — COMPOSITION OF COMMITTEE MEMBERSHIP
11AND PROCEDURES. The advisory committee is to be composed
12of (1) members of state agencies regulating environmental
13protection, agriculture, and public health; (2) representatives
14of private organizations interested in the environment and
15natural resources, the interests of counties and cities, public
16health, and utilities; and (3) representatives of private
17organizations associated with agricultural production which
18includes both crop production (corn and soybeans) and animal
19agricultural production (swine, cattle, and poultry). The bill
20includes four members of the general assembly. The advisory
21committee is to be staffed by departmental employees, an
22assistant attorney general, and a person appointed by Iowa
23state university of science and technology. The bill provides
24procedures for the operation of the advisory committee,
25including the designation of a chairperson, quorum and voting
26requirements, and compensation.
27BILL’S PROVISIONS — DUTIES. The advisory committee
28is required to consider the use and value of different
29subcategories of criteria in the master matrix used to score an
30application, and the manner in which criteria is scored. The
31advisory committee is also required to determine the extent to
32which the process of approving the construction of confinement
33feeding operation structures may be improved and statutory
34limitations imposed upon counties to regulate confinement
35feeding operations. The advisory committee may conduct
-4-1hearings throughout the state and conduct surveys of county
2boards of supervisors. The advisory committee must prepare and
3submit a report to the governor and general assembly not later
4than December 15, 2017. The report must include the advisory
5committee’s findings and recommendations, including proposed
6legislation and rulemaking documents. The bill takes effect
7upon enactment and is repealed on July 1, 2018.
8BACKGROUND — TERMS. A confinement feeding operation
9structure is a type of animal feeding operation that includes
10a building to house agricultural animals and a structure used
11to store manure or in the case of layer operations a structure
12used to store washwater. A confinement feeding operation
13refers to a place where agricultural animals are confined and
14fed in totally roofed buildings for 45 days or more in any
1512-month period.
16BACKGROUND — PERMIT REQUIREMENTS. A person must obtain a
17permit from the department before constructing a confinement
18feeding operation structure (Code section 459.303), if the
19confinement feeding operation meets a minimum threshold
20capacity of 1,000 animal units (2,500 swine over 55 pounds) or
21would use an unformed manure storage structure (Code section
22459.304).
23BACKGROUND — MASTER MATRIX. The master matrix refers
24to a form completed by a person applying for a construction
25permit. The applicant is awarded points based on an agreement
26to construct the confinement feeding operation structure or use
27manure management practices in a manner that exceeds specific
28state law requirements. For example, Code section 459.202
29requires a confinement feeding operation with an animal unit
30capacity of less than 1,000 animal units to be located at a
31minimum separation distance of 1,250 feet from an educational
32institution. The master matrix awards five points to the
33applicant if the separation distance is increased by 250
34feet (567 IAC ch.65 Appendix B). The master matrix includes
35three subcategories which value impacts on air, water, and
-5-1community. An applicant must obtain a minimum overall score
2of 440 out of 880 points and a score of 25 percent of available
3points in each of the three subcategories. A county board of
4supervisors which adopts a construction evaluation resolution
5may evaluate the application and matrix and submit comments to
6the department (Code section 459.304), which decides whether to
7approve or disapprove the application (Code section 459.303).
8A county is statutorily preempted from approving, denying, or
9imposing conditions upon the construction of a confinement
10feeding operation structure or the management of manure
11originating from the operation (Code section 331.304A).
-6-da/nh