Bill Text: IA SF293 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act establishing a master matrix evaluation advisory committee, and including effective date provisions.
Spectrum: Partisan Bill (Independent 1-0)
Status: (Introduced - Dead) 2017-02-28 - Subcommittee: Shipley, Kinney, and Zumbach. S.J. 425. [SF293 Detail]
Download: Iowa-2017-SF293-Introduced.html
Senate File 293 - Introduced SENATE FILE BY D. JOHNSON A BILL FOR 1 An Act establishing a master matrix evaluation advisory 2 committee, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2071XS (3) 87 da/nh PAG LIN 1 1 Section 1. MASTER MATRIX EVALUATION ADVISORY COMMITTEE. 1 2 1. A master matrix advisory committee is established to 1 3 evaluate the use and value of the master matrix adopted by the 1 4 department of natural resources pursuant to section 459.305 and 1 5 the extent to which the process of evaluating and approving 1 6 or disapproving the construction of a confinement feeding 1 7 operation structure by the department of natural resources may 1 8 be improved. 1 9 2. The advisory committee shall be composed of fifteen 1 10 voting members, including all of the following: 1 11 a. The director of the department of natural resources or a 1 12 designee of the director. 1 13 b. The secretary of agriculture or a designee of the 1 14 secretary. 1 15 c. The director of the Iowa department of public health, or 1 16 the director's designee. 1 17 d. A representative of the Iowa environmental council. 1 18 e. A representative of the Iowa natural heritage 1 19 foundation. 1 20 f. A representative of the Iowa state association of 1 21 counties. 1 22 g. A representative of the Iowa league of cities. 1 23 h. A representative of the Iowa public health association. 1 24 i. A representative of the Iowa association of municipal 1 25 utilities. 1 26 j. A representative of the Iowa pork producers association. 1 27 k. A representative of the Iowa cattlemen's association. 1 28 l. A representative of the Iowa poultry association. 1 29 m. A representative of the Iowa corn growers association. 1 30 n. A representative of the Iowa soybean association. 1 31 o. A representative of the Iowa farm bureau federation. 1 32 3. The advisory committee shall also include four members 1 33 of the general assembly appointed to serve in an ex officio, 1 34 nonvoting capacity. The legislative members shall be selected, 1 35 one member each, by the majority leader of the senate, the 2 1 minority leader of the senate, the speaker of the house of 2 2 representatives, and the minority leader of the house of 2 3 representatives. 2 4 4. The department of natural resources shall provide 2 5 administrative support to the committee. The attorney general 2 6 shall appoint an assistant attorney general to provide the 2 7 advisory committee with legal counsel and assistance. The 2 8 president of Iowa state university of science and technology 2 9 shall appoint a person to provide the advisory committee with 2 10 technical advice and assistance. 2 11 5. The director of the department of natural resources 2 12 or the director's designee shall serve as the advisory 2 13 committee's chairperson. The advisory committee may elect a 2 14 vice=chairperson. A majority of the voting members of the 2 15 advisory committee constitutes a quorum. Any substantive 2 16 action taken by the advisory committee must be adopted by the 2 17 affirmative vote of a majority of its voting membership. A 2 18 lesser number of voting members may adjourn a meeting. 2 19 6. Voting members of the advisory committee, other than 2 20 state employees, are entitled to be reimbursed for actual 2 21 expenses necessarily incurred in the discharge of their 2 22 duties as members of the advisory committee. The expenses 2 23 shall be paid to the advisory committee members from moneys 2 24 appropriated to the department of natural resources. Voting 2 25 members of the advisory committee, other than state employees, 2 26 are eligible to receive compensation as provided in section 2 27 7E.6. A legislative member is eligible to receive a per diem 2 28 and expenses as provided in section 2.10. 2 29 7. The advisory committee shall consider all of the 2 30 following in evaluating the use of the master matrix: 2 31 a. The extent to which the master matrix is designed for 2 32 use by county boards of supervisors in making decisions for the 2 33 public interest. 2 34 b. The use and value of different subcategories of criteria 2 35 in the master matrix used to score an application, including 3 1 the impact of a proposed construction on water quality, air 3 2 quality, and community, as well as public health, secondary 3 3 road systems, and public utilities. The advisory committee 3 4 shall evaluate the necessity of retaining existing criteria or 3 5 adding new criteria. 3 6 c. The manner in which criteria is scored, including the use 3 7 of a positive and negative point system, and the calculation of 3 8 a minimum threshold score to receive a satisfactory rating. 3 9 8. The advisory committee shall determine the extent 3 10 to which the process of approving applications for the 3 11 construction of confinement feeding operation structures, 3 12 including the siting of such structures and the use of manure 3 13 management practices, may be improved. The advisory committee 3 14 shall consider the functions of cities and counties in this 3 15 process and the limitations imposed on county boards of 3 16 supervisors to make decisions regulating the construction and 3 17 management of confinement feeding operations under section 3 18 331.304A. 3 19 9. The advisory committee may conduct hearings throughout 3 20 the state to receive public comments. The committee shall 3 21 conduct surveys of county boards of supervisors throughout the 3 22 state. All hearings and meetings of the advisory committee 3 23 shall be open to the public. 3 24 10. The advisory committee shall prepare and submit a 3 25 report to the governor and general assembly not later than 3 26 December 15, 2017. The report shall include the findings 3 27 and recommendations of the advisory committee, including 3 28 proposed legislation for consideration by the eighty=seventh 3 29 general assembly and a proposed notice of intended action for 3 30 the adoption of rules for consideration by the environmental 3 31 protection commission. The committee shall discontinue its 3 32 functions on that date. 3 33 Sec. 2. REPEAL. This Act is repealed on July 1, 2018. 3 34 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 3 35 immediate importance, takes effect upon enactment. 4 1 EXPLANATION 4 2 The inclusion of this explanation does not constitute agreement with 4 3 the explanation's substance by the members of the general assembly. 4 4 BILL'S PROVISIONS == ESTABLISHMENT OF A MASTER MATRIX 4 5 ADVISORY COMMITTEE. This bill establishes a master matrix 4 6 advisory committee to evaluate the use and value of the 4 7 department of natural resource's master matrix and the process 4 8 of evaluating and approving or disapproving applications to 4 9 establish or expand confinement feeding operations. 4 10 BILL'S PROVISIONS == COMPOSITION OF COMMITTEE MEMBERSHIP 4 11 AND PROCEDURES. The advisory committee is to be composed 4 12 of (1) members of state agencies regulating environmental 4 13 protection, agriculture, and public health; (2) representatives 4 14 of private organizations interested in the environment and 4 15 natural resources, the interests of counties and cities, public 4 16 health, and utilities; and (3) representatives of private 4 17 organizations associated with agricultural production which 4 18 includes both crop production (corn and soybeans) and animal 4 19 agricultural production (swine, cattle, and poultry). The bill 4 20 includes four members of the general assembly. The advisory 4 21 committee is to be staffed by departmental employees, an 4 22 assistant attorney general, and a person appointed by Iowa 4 23 state university of science and technology. The bill provides 4 24 procedures for the operation of the advisory committee, 4 25 including the designation of a chairperson, quorum and voting 4 26 requirements, and compensation. 4 27 BILL'S PROVISIONS == DUTIES. The advisory committee 4 28 is required to consider the use and value of different 4 29 subcategories of criteria in the master matrix used to score an 4 30 application, and the manner in which criteria is scored. The 4 31 advisory committee is also required to determine the extent to 4 32 which the process of approving the construction of confinement 4 33 feeding operation structures may be improved and statutory 4 34 limitations imposed upon counties to regulate confinement 4 35 feeding operations. The advisory committee may conduct 5 1 hearings throughout the state and conduct surveys of county 5 2 boards of supervisors. The advisory committee must prepare and 5 3 submit a report to the governor and general assembly not later 5 4 than December 15, 2017. The report must include the advisory 5 5 committee's findings and recommendations, including proposed 5 6 legislation and rulemaking documents. The bill takes effect 5 7 upon enactment and is repealed on July 1, 2018. 5 8 BACKGROUND == TERMS. A confinement feeding operation 5 9 structure is a type of animal feeding operation that includes 5 10 a building to house agricultural animals and a structure used 5 11 to store manure or in the case of layer operations a structure 5 12 used to store washwater. A confinement feeding operation 5 13 refers to a place where agricultural animals are confined and 5 14 fed in totally roofed buildings for 45 days or more in any 5 15 12=month period. 5 16 BACKGROUND == PERMIT REQUIREMENTS. A person must obtain a 5 17 permit from the department before constructing a confinement 5 18 feeding operation structure (Code section 459.303), if the 5 19 confinement feeding operation meets a minimum threshold 5 20 capacity of 1,000 animal units (2,500 swine over 55 pounds) or 5 21 would use an unformed manure storage structure (Code section 5 22 459.304). 5 23 BACKGROUND == MASTER MATRIX. The master matrix refers 5 24 to a form completed by a person applying for a construction 5 25 permit. The applicant is awarded points based on an agreement 5 26 to construct the confinement feeding operation structure or use 5 27 manure management practices in a manner that exceeds specific 5 28 state law requirements. For example, Code section 459.202 5 29 requires a confinement feeding operation with an animal unit 5 30 capacity of less than 1,000 animal units to be located at a 5 31 minimum separation distance of 1,250 feet from an educational 5 32 institution. The master matrix awards five points to the 5 33 applicant if the separation distance is increased by 250 5 34 feet (567 IAC ch. 65 Appendix B). The master matrix includes 5 35 three subcategories which value impacts on air, water, and 6 1 community. An applicant must obtain a minimum overall score 6 2 of 440 out of 880 points and a score of 25 percent of available 6 3 points in each of the three subcategories. A county board of 6 4 supervisors which adopts a construction evaluation resolution 6 5 may evaluate the application and matrix and submit comments to 6 6 the department (Code section 459.304), which decides whether to 6 7 approve or disapprove the application (Code section 459.303). 6 8 A county is statutorily preempted from approving, denying, or 6 9 imposing conditions upon the construction of a confinement 6 10 feeding operation structure or the management of manure 6 11 originating from the operation (Code section 331.304A). LSB 2071XS (3) 87 da/nh
