Print
Senate File 2079 - IntroducedA Bill ForAn Act 1providing for the evaluation of permits to construct,
2including expand, a confinement feeding operation structure
3by using the master matrix, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 459.305, subsection 2, Code 2018, is
2amended to read as follows:
32. The master matrix shall include criteria be available
4for use by a county board of supervisors and the department
5in valuing the environmental and community impacts for use
6by county boards of supervisors and the department of an
7application. The master matrix The master matrix shall
8be comprised of three separate categories that assess the
9application’s impact on air quality, water quality, and the
10neighboring community. Each category shall include definite
11criteria and point selections for all criteria provided in
12the master matrix assigned to each criterion. The master
13matrix shall provide only for scoring the accumulation
14 of positive points and shall not provide for deduction
15of points. The master matrix shall provide for a minimum
16threshold score required to In order for an application to
17 receive a satisfactory rating, it must achieve a threshold
18score for each category. A threshold score equals a minimum
19of seventy percent of the total number of possible points
20for the category. The master matrix shall be structured to
21ensure that it feasibly provides for a satisfactory rating.
22Criteria valuing environmental impacts shall account for animal
23agriculture’s relationship to quality of the environment and
24the conservation of natural resources, and may include factors
25that refer to all of the following:
26a. Topography.
27b. Surface water drainage characteristics.
28c. The suitability of the soils and the hydrology or
29hydrogeology of the site.
30d. The proximity to public use areas and critical public
31areas.
32e. The proximity to water sources, including high-quality
33water resources.
34 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
35importance, takes effect upon enactment.
-1-1 Sec. 3. APPLICABILITY — PRIOR APPLICATIONS. The
2amendments to section 459.305, subsection 2, as enacted in this
3Act, shall not apply to an application to construct, including
4expand, a confinement feeding operation structure, if a county
5board of supervisors or the department of natural resources
6has completed an evaluation of the application prior to the
7effective date of this Act.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11BILL’S PROVISIONS — GENERAL. This bill amends the
12“Animal Agriculture Compliance Act” (Code chapter 459) which
13generally regulates confinement feeding operations (operations)
14including associated confinement feeding operation structures
15(structures) by the department of natural resources (DNR). The
16bill provides that the master matrix (matrix) used to evaluate
17an application to construct a structure must be comprised of
18three categories used to assess its impact on air quality,
19water quality, and the neighboring community. It also provides
20that an application must achieve a minimum threshold score of
2170 percent of all points possible for each category in order to
22be recommended for approval by a county board of supervisors
23(board) to DNR. The bill’s provisions do not apply, if a board
24recommended approval or disapproval of an application, or DNR
25approved or disapproved an application, on the basis of an
26evaluation completed prior to the effective date of the bill
27using the matrix as it existed at that time.
28BACKGROUND — USE OF THE MATRIX. The purpose of the matrix
29is to produce a statistically verifiable basis for determining
30whether to approve or disapprove an application (Code section
31459.305). A person preparing to construct a structure that
32is an unformed manure storage structure or a structure that
33is part of an operation of a certain size (at least 1,000
34animal units) must obtain a permit by DNR (Code section
35459.303). As part of the permit review process, a board
-2-1that has filed a construction evaluation resolution with DNR
2(Code section 459.304) may make a recommendation based on the
3results of completing the matrix. In those circumstances, DNR
4is also required to conduct an independent evaluation of the
5application using the matrix.
6EFFECTIVE DATE. The bill, if enacted, would take effect upon
7enactment.
-3-da/rj
2including expand, a confinement feeding operation structure
3by using the master matrix, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 459.305, subsection 2, Code 2018, is
2amended to read as follows:
32. The master matrix shall include criteria be available
4for use by a county board of supervisors and the department
5in valuing the environmental and community impacts for use
6by county boards of supervisors and the department of an
7application. The master matrix The master matrix shall
8be comprised of three separate categories that assess the
9application’s impact on air quality, water quality, and the
10neighboring community. Each category shall include definite
11criteria and point selections for all criteria provided in
12the master matrix assigned to each criterion. The master
13matrix shall provide only for scoring the accumulation
14 of positive points and shall not provide for deduction
15of points. The master matrix shall provide for a minimum
16threshold score required to In order for an application to
17 receive a satisfactory rating, it must achieve a threshold
18score for each category. A threshold score equals a minimum
19of seventy percent of the total number of possible points
20for the category. The master matrix shall be structured to
21ensure that it feasibly provides for a satisfactory rating.
22Criteria valuing environmental impacts shall account for animal
23agriculture’s relationship to quality of the environment and
24the conservation of natural resources, and may include factors
25that refer to all of the following:
26a. Topography.
27b. Surface water drainage characteristics.
28c. The suitability of the soils and the hydrology or
29hydrogeology of the site.
30d. The proximity to public use areas and critical public
31areas.
32e. The proximity to water sources, including high-quality
33water resources.
34 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
35importance, takes effect upon enactment.
-1-1 Sec. 3. APPLICABILITY — PRIOR APPLICATIONS. The
2amendments to section 459.305, subsection 2, as enacted in this
3Act, shall not apply to an application to construct, including
4expand, a confinement feeding operation structure, if a county
5board of supervisors or the department of natural resources
6has completed an evaluation of the application prior to the
7effective date of this Act.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11BILL’S PROVISIONS — GENERAL. This bill amends the
12“Animal Agriculture Compliance Act” (Code chapter 459) which
13generally regulates confinement feeding operations (operations)
14including associated confinement feeding operation structures
15(structures) by the department of natural resources (DNR). The
16bill provides that the master matrix (matrix) used to evaluate
17an application to construct a structure must be comprised of
18three categories used to assess its impact on air quality,
19water quality, and the neighboring community. It also provides
20that an application must achieve a minimum threshold score of
2170 percent of all points possible for each category in order to
22be recommended for approval by a county board of supervisors
23(board) to DNR. The bill’s provisions do not apply, if a board
24recommended approval or disapproval of an application, or DNR
25approved or disapproved an application, on the basis of an
26evaluation completed prior to the effective date of the bill
27using the matrix as it existed at that time.
28BACKGROUND — USE OF THE MATRIX. The purpose of the matrix
29is to produce a statistically verifiable basis for determining
30whether to approve or disapprove an application (Code section
31459.305). A person preparing to construct a structure that
32is an unformed manure storage structure or a structure that
33is part of an operation of a certain size (at least 1,000
34animal units) must obtain a permit by DNR (Code section
35459.303). As part of the permit review process, a board
-2-1that has filed a construction evaluation resolution with DNR
2(Code section 459.304) may make a recommendation based on the
3results of completing the matrix. In those circumstances, DNR
4is also required to conduct an independent evaluation of the
5application using the matrix.
6EFFECTIVE DATE. The bill, if enacted, would take effect upon
7enactment.
-3-da/rj