Iowa-2015-HF407-Introduced
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:
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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.
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