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February 2007, Week 1

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Subject:
Re: WallyŒs concerns on 4 Bills
From:
Lyle Krewson <[log in to unmask]>
Reply To:
Iowa Discussion, Alerts and Announcements
Date:
Tue, 6 Feb 2007 14:46:52 -0600
Content-Type:
multipart/alternative
Parts/Attachments:
text/plain (4 kB) , text/html (4 kB)
Wally

I shared your concerns immediately on the bill introductions last week. So
far, I believe the first two relating to rulemaking will not have much
chance, but will keep an eye on them.

SF 77 does break up the DNR into two again, as it was many years ago. I
recall that we (Sierra Club) actually opposed a bill to break it up back
when Osterberg, Johnson and Black were all in the House. He is the committee
chair, so he could make this bill at least get on the Calendar. I don't know
yet what the Governor is going to say on this...usually one would expect a
Governor to oppose, as it broadens the 'span of control¹ and increases the
number of Directors he has to deal with.

SSB1140

This is one of the bills that Sen. Kibbie is pushing, and if you look at the
subcommittee.... Kibbie, Fraise, Johnson...one would have to say it 'has
legs'.

Here is the bill explanation on 1140:
EXPLANATION BACKGROUND. Currently counties are prohibited from adopting or
enforcing county legislation regulating a condition or activity occurring on
land used for the production, care, feeding, or housing of animals unless
the regulation is expressly authorized by state law (Code section 331.304A).
One exception allows a county to participate in the review of applications
by scoring them using a master matrix, and to make a recommendation to the
department of natural resources to approve or disapprove the application
based on the results of the master matrix. The purpose of the master matrix
is to provide a comprehensive assessment mechanism in order to produce a
statistically verifiable basis for determining whether to approve or
disapprove an application (Code section 459.305). According to departmental
rules, the master matrix includes categories (referred to as subcategories)
for air, water, and community impacts. An applicant must score a positive
threshold number in each of the categories and a positive overall threshold
number (see 567 IAC 65, appendix C). PROPOSED CHANGES. The bill provides
that the failure of an applicant to provide an accurate response necessary
to complete each criterion in the master matrix is considered as a failure
by the applicant to provide accurate responses for all criteria. The bill
provides for the deduction of points. It provides that the master matrix
must be comprised of three categories which measure impacts upon air
quality, water quality, and communities, and that an applicant must achieve
a threshold score in each of the categories and a threshold overall score as
is provided for by department rule in order to receive a satisfactory rating
under the master matrix.

I will watch for a subcommittee meeting it 1140, of course.

Lyle


On 2/5/07 8:55 a, "Wally Taylor" <[log in to unmask]> wrote:

> I had questions on some of these bills, but I was not able to access them
> using the links given.
>  
> H.F. 194 - regulatory analysis of proposed administrative rules - this looks
> bad
>  
> H.F. 203 - negotiated rule making - What?? Does a bank robber get to negotiate
> the law against bank robbery?
>  
> S.F. 77 - a department of environmental protection - Does this mean breaking
> up the DNR and having two environmental agencies like we did before the DNR
> was created? I think two separate agencies would not be a bad thing.
>  
> SSB 1140 - evaluation of CAFO construction applications - I would really like
> to see the details on this
>  
> Wally Taylor
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____________________________________________

Lyle Krewson
Sierra Club, Iowa Chapter Lobbyist

1725 S. 50th Street #602
West Des Moines, IA 50265

[log in to unmask]

515-238-7113 - Cel
____________________________________________ 


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