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 ____________________________________________ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the IOWA-TOPICS list, send any message to: [log in to unmask] Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp