The Senate CAFO bill which we had voted out of Senate Judiciary Committee
last Thursday is now numbered...S.F. 550 and can be read at:
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Serv
ice=Billbook&ga=82&menu=text&hbill=SF550
It was originated, as I recall, by Sen. Kibbie. I think any of use would say
that before it is passed other more important features should be added to
it. Here is the description from the bill itself:
EXPLANATION:
CURRENT LAW.
This bill amends several Code provisions which provide for county
participation in the approval of permits for the construction of confinement
feeding operation structures (e.g., confinement buildings and manure storage
structures) by the department of natural resources. 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 provide comments to the department
regarding the issuance of a permit for construction of confinement feeding
operation structures under Code chapter 459 (the animal agriculture
compliance Act).
A second exception allows a county to participate in the scoring of a 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 for a
construction permit.
A county board of supervisors may adopt a construction evaluation resolution
in order to use a master matrix.
If the board submits a resolution to the department, the board may evaluate
a construction permit application and submit a recommendation to the
department to approve or disapprove the application.
The department must approve an application if the board submits a
recommendation to approve the application, and the department determines
that the application meets the requirements of Code chapter 459.
The department must disapprove an application that the department determines
does not satisfy the requirements of Code chapter 459 regardless of the
recommendation from the board.
If the board submits a recommendation to disapprove the application, the
department must first determine if the application meets the requirements of
Code chapter 459.
If the application meets the requirements of the chapter, the department
must conduct an independent evaluation of the application using the master
matrix.
The department must approve the application if it achieves a satisfactory
rating according to the department's evaluation.
The department must disapprove the application if it produces an
unsatisfactory rating regardless of whether the application satisfies the
requirements of Code chapter 459.
Both the applicant and the board may contest the department's decision to
the environmental protection commission.
The applicant may also contest the decision as a contested case proceeding
before an administrative law judge. PROPOSED CHANGES.
The bill amends Code sections 459.303 relating to the issuance of permits
and 459.304 providing for county participation, by providing that the
department shall only issue a permit to construct a confinement feeding
operation structure after the review of an application by the board of
supervisors in the county where the proposed construction is to be located.
In lieu of a county evaluation resolution, the board of supervisors must
adopt a county evaluation ordinance.
As part of the ordinance, the board must establish a construction evaluation
committee.
The committee is composed of five persons including the county's
environmental health officer (sanitarian), a commissioner of a soil and
water conservation district located in the county, a real estate broker, a
person who resides in a city, and a person actively engaged in the care and
feeding of animals. The committee must also include one member of the board
who serves as a nonvoting, ex officio member.
The committee must recommend that the board accept or reject the application
based on the rating produced by using the master matrix.
The board must either adopt or not adopt the committee's recommendation.
If the board does not adopt the committee's recommendation, the board must
conduct an independent evaluation of the application using the master
matrix. The department must receive the board's comments or decision to
accept or reject an application within 60, instead of 30, days following the
applicant's delivery of the application to the department, and must issue or
not issue the permit within 90, instead of 60, days following the
applicant's delivery of the application to the department. The department
shall not approve an application for a permit to construct a confinement
feeding operation structure if the county rejects the application, unless
the applicant contests the board's decision or the department petitions the
commission to review the board's decision.
In that case, the department must conduct an evaluation of the application
to determine if it complies with the requirements of Code chapter 459.
The department must disapprove the application or approve the application
pending the outcome of the commission's resolution of the matter.
The commission may also request that the department conduct an independent
evaluation of the application using the master matrix. The bill applies to
applications for the issuance of permits which have been filed with the
department on or after the effective date of the bill.
____________________________________________
Lyle Krewson
1725 S. 50th Street #602
West Des Moines, IA 50265
[log in to unmask]
515-238-7113 - Cel
____________________________________________
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