Bill Text: IA HF407 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to animal feeding operations, by providing that a county may elect not to accept or retain certain documents.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-02-26 - Subcommittee, Branhagen, Highfill, and Meyer. H.J. 428. [HF407 Detail]
Download: Iowa-2015-HF407-Introduced.html
House File 407 - Introduced HOUSE FILE BY KLEIN A BILL FOR 1 An Act relating to animal feeding operations, by providing 2 that a county may elect not to accept or retain certain 3 documents. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2346YH (4) 86 da/rj PAG LIN 1 1 Section 1. Section 459.302, Code 2015, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 3. a. A county board of supervisors may 1 4 adopt a document retention resolution that provides that the 1 5 county is not required to accept the submission of a document 1 6 or serve as the custodian of filed documents. The resolution 1 7 shall apply to any of the following: 1 8 (1) Applications and supporting materials for permits to 1 9 construct confinement feeding operation structures as provided 1 10 in sections 459.303 and 459.304. 1 11 (2) Manure management plans as provided in section 459.312. 1 12 b. The board shall submit the resolution to the department 1 13 and the department shall file the resolution if the resolution 1 14 meets the requirements of paragraph "a" regardless of whether 1 15 the department has filed a construction evaluation resolution 1 16 pursuant to section 459.303. The board submitting a document 1 17 retention resolution may destroy any archived document covered 1 18 by the resolution on or after the date that the resolution is 1 19 filed by the department. 1 20 c. If a document covered by a document retention resolution 1 21 filed with the department is not available to the board on 1 22 the department's internet site, the department, upon request 1 23 by the board, shall transmit the document to the board. The 1 24 county auditor or other county officer may request or accept 1 25 the document on behalf of the board. 1 26 d. This subsection does not enlarge or restrict a duty or 1 27 power of a county board of supervisors as provided in this 1 28 chapter other than allowing for an election by such a board not 1 29 to perform a ministerial function. 1 30 Sec. 2. Section 459.303, subsection 2, Code 2015, is amended 1 31 to read as follows: 1 32 2. The department shall issue a construction permit upon 1 33 approval of an application. The department shall approve the 1 34 application if the application is submitted to the county board 1 35 of supervisors in the county where the proposed confinement 2 1 feeding operation structure is to be located as required 2 2 pursuant to section 459.304, and the application meets the 2 3 requirements of this chapter. However, a board that files a 2 4 document retention resolution with the department as provided 2 5 in section 459.302 is not required to accept an application. 2 6 If a county submits an approved recommendation pursuant to a 2 7 construction evaluation resolution filed with the department, 2 8 the application must also achieve a satisfactory rating 2 9 produced by the master matrix used by the board or department 2 10 under section 459.304. The department shall approve the 2 11 application regardless of whether the applicant is required to 2 12 be issued a construction permit. 2 13 Sec. 3. Section 459.304, subsection 1, Code 2015, is amended 2 14 by adding the following new paragraph: 2 15 NEW PARAGRAPH. c. Notwithstanding paragraphs "a" and "b", 2 16 a board that files a document retention resolution with the 2 17 department as provided in section 459.302 is not required to 2 18 accept an application. 2 19 Sec. 4. Section 459.312, subsection 4, paragraph b, Code 2 20 2015, is amended to read as follows: 2 21 b. The manure management plan shall be filed with the 2 22 county board of supervisors. The county auditor or other 2 23 county officer may accept the manure management plan on behalf 2 24 of the board. However, a county board of supervisors that 2 25 files a document retention resolution with the department as 2 26 provided in section 459.302 is not required to accept a manure 2 27 management plan. 2 28 EXPLANATION 2 29 The inclusion of this explanation does not constitute agreement with 2 30 the explanation's substance by the members of the general assembly. 2 31 This bill provides that a county board of supervisors 2 32 may elect not to accept certain documents related to the 2 33 regulation of animal feeding operations, and specifically 2 34 confinement feeding operations under the "Animal Agriculture 2 35 Compliance Act" (Code chapter 459). Generally, the Code 3 1 chapter is administered and enforced by the department 3 2 of natural resources. The bill allows a county board of 3 3 supervisors to adopt a resolution to forego receiving an 3 4 application or related materials for a permit to construct a 3 5 confinement feeding operation structure (Code section 459.303 3 6 or 459.304) or a manure management plan governing the storage 3 7 and application of manure from a confinement feeding operation 3 8 (Code section 459.312). The board may request the department 3 9 to transmit the document to the county if it is not available 3 10 on the department's internet site. LSB 2346YH (4) 86 da/rj
