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PAG LIN 1 1 Amend House File 519 as follows: 1 2 #1. Page 1, by inserting before line 1 the 1 3 following: 1 4 "Section 1. Section 13.13, subsection 2, Code 1 5 1995, is amended to read as follows: 1 6 2. The farm assistance program coordinator shall 1 7 contract with a nonprofit organization chartered in 1 8 this state to provide mediation services as provided 1 9 in chapters 654A and 654B, and to conduct neighbor 1 10 meetings pursuant to section 455B.205. The contract 1 11 shall be awarded to the organization by July 1, 1990. 1 12 The contract may be terminated by the coordinator upon 1 13 written notice and for good cause. The organization 1 14 awarded the contract is designated as the farm 1 15 mediation service for the duration of the contract. 1 16 The organization may, upon approval by the 1 17 coordinator, provide mediation services other than as 1 18 provided by law. The farm mediation service is not a 1 19 state agency for the purposes of chapters 19A, 20, and 1 20 669. 1 21 Sec. . Section 13.15, Code 1995, is amended to 1 22 read as follows: 1 23 13.15 RULES AND FORMS &endash; FEES. 1 24 The farm mediation service shall recommend rules to 1 25 the farm assistance program coordinator. The 1 26 coordinator shall adopt rules pursuant to chapter 17A 1 27 to set the compensation of mediators and to implement 1 28 this subchapter,andchapters 654A and 654B, and 1 29 section 455B.205. 1 30 The rules shall provide for an hourly mediation fee 1 31 not to exceed fifty dollars for the borrower and one 1 32 hundred dollars for the creditor. The hourly 1 33 mediation fee may be waived for any party 1 34 demonstrating financial hardship upon application to 1 35 the farm mediation service. 1 36 The compensation of a mediator shall be no more 1 37 than twenty-five dollars per hour, and all parties 1 38 shall contribute an equal amount of the cost. 1 39 However, if a meeting is held under section 455B.205, 1 40 the animal feeding operation shall pay the mediator 1 41 the costs of conducting the meeting. 1 42 The coordinator shall adopt voluntary mediation 1 43 application and mediation request forms. The 1 44 coordinator shall adopt necessary forms to carry out 1 45 section 455B.205. 1 46 Sec. . NEW SECTION. 13.17 GOOD NEIGHBOR 1 47 MEETINGS. 1 48 The farm assistance program coordinator, provided 1 49 in this subchapter, shall contract with the farm 1 50 mediation service to conduct meetings in order to 2 1 provide for a good neighbor policy relating to animal 2 2 feeding operations as provided in section 455B.205. 2 3 The meetings shall not be considered mediation under 2 4 this subchapter or chapters 654A and 654B." 2 5 #2. Page 14, line 7, by inserting after the word 2 6 "permit." the following: "The application for a 2 7 construction permit shall include a section for a good 2 8 neighbor policy as required pursuant to section 2 9 455B.205, which the applicant is not required to 2 10 complete unless the applicant elects to be eligible 2 11 for nuisance suit protection under section 657.11. 2 12 The department shall file a permittee's amendments to 2 13 the section with the application." 2 14 #3. Page 18, by inserting after line 16 the 2 15 following: 2 16 "Sec. . NEW SECTION. 455B.205 GOOD NEIGHBOR 2 17 POLICY. 2 18 1. The purpose of this section is to codify the 2 19 spirit of informal conduct to the expansion of animal 2 20 feeding operations in this state, which has 2 21 traditionally existed between farmers and neighbors, 2 22 based on a common set of farmer-neighbor expectations 2 23 relating to conversation, cooperation, tolerance, and 2 24 community harmony, when a farmer implements good faith 2 25 business practices. 2 26 2. A person who, on and after the effective date 2 27 of this Act, shall not obtain a construction permit 2 28 pursuant to section 455B.173, unless the person 2 29 develops a good neighbor policy prior to receiving the 2 30 permit in order to provide that the animal feeding 2 31 operation subject to the permit is eligible for 2 32 nuisance suit protection under section 657.11. In 2 33 order to satisfy this requirement, the applicant shall 2 34 satisfy the requirements of this section. The good 2 35 neighbor policy shall continue in effect after a 2 36 transfer in ownership of the operation. The portion 2 37 of the application providing for a good neighbor 2 38 policy may be amended by the operation's permittee 2 39 after complying with the requirements of this section 2 40 and filing the amended portion with the department. 2 41 3. The applicant or permittee shall provide a 2 42 written notice to all residents located within one 2 43 mile of any animal feeding operation structure subject 2 44 to the permit. The notice shall provide a time and 2 45 place in the county in which the operation is to be 2 46 located where all of the following shall be available 2 47 for public inspection: 2 48 a. The site plans for the construction of each 2 49 structure subject to a construction permit. 2 50 b. A completed application required pursuant to 3 1 section 455B.173, including a proposed good neighbor 3 2 policy, or proposed amendments to the good neighbor 3 3 policy, as provided in this section. 3 4 c. A manure management plan, if required pursuant 3 5 to section 455B.203. 3 6 4. At least one neighbors meeting shall be held in 3 7 order to provide persons residing within one mile of 3 8 the site subject to the construction permit, with the 3 9 opportunity to express comments regarding the 3 10 operation, and the good neighbor policy. A 3 11 representative of the animal feeding operation shall 3 12 attend the meeting. A mediator designated by the farm 3 13 mediation service shall conduct the meeting and 3 14 certify to the department of natural resources that 3 15 the meeting was conducted as required pursuant to this 3 16 section. 3 17 5. The good neighbor portion of an application for 3 18 a permit for the construction of an animal feeding 3 19 operation or an amendment to the portion shall include 3 20 all of the following: 3 21 a. Procedures to notify neighbors of events, 3 22 including the cleaning of structures or the disposal 3 23 of manure, that may cause special discomfort to 3 24 neighbors. 3 25 b. A method to ensure that communication between 3 26 the animal feeding operation and neighbors is 3 27 maintained, including methods for neighbors to notify 3 28 an animal feeding operation when special occasions 3 29 occur such as weddings, holidays, parties, or 3 30 funerals. 3 31 c. The establishment of a nonjudicial dispute 3 32 resolution forum for neighbors and an animal feeding 3 33 operation to informally reach solutions to matters of 3 34 concern affecting the parties. 3 35 d. Methods to reduce impacts on the fair market 3 36 value of neighboring property due to the construction 3 37 or operation of an animal feeding operation structure, 3 38 which may include the purchase or lease of property 3 39 around an animal feeding operation structure, or the 3 40 payment of compensation to neighboring property 3 41 owners. 3 42 e. The implementation of practices and the 3 43 installation of systems to ensure that animal diseases 3 44 originating from the operation do not contaminate 3 45 animals located on neighboring property. 3 46 f. Practices and systems designed to reduce the 3 47 discomfort to neighbors arising from an animal feeding 3 48 operation. The application may include practical and 3 49 inexpensive methods utilized by the operation to 3 50 reduce odor, including planting trees around animal 4 1 feeding operation structures and providing that open 4 2 manure storage structures be covered with materials 4 3 which inhibit odor, such as straw, foam pellets, or 4 4 mats. 4 5 6. The Iowa cooperative extension service in 4 6 agriculture and home economics at Iowa state 4 7 university shall assist in carrying out the purpose of 4 8 this section by developing a model good neighbor 4 9 policy which may be used by animal feeding operations 4 10 in complying with this section. The service shall 4 11 provide different versions of the policy based on 4 12 various possible situations. In developing different 4 13 versions, the service shall consider the type and size 4 14 of animal feeding operations, the type and size of 4 15 animal feeding operation structures utilized by 4 16 operations, the different species of animals 4 17 maintained at operations, varying distances to 4 18 neighboring residents, different types of locations of 4 19 the animal feeding operations, and the number of 4 20 existing or planned animal feeding operations located 4 21 in close proximity to the operation to be constructed. 4 22 The service shall develop its model good neighbor 4 23 policy based upon the sensibilities of a reasonable 4 24 rural resident in the county who is familiar with and 4 25 appreciates the importance of animal agriculture." 4 26 #4. Page 19, line 3, by inserting after the word 4 27 "voluntarily." the following: "An animal feeding 4 28 operation shall not be eligible for nuisance suit 4 29 protection under this section, unless the operation is 4 30 subject to an existing good neighbor policy as 4 31 provided in section 455B.205." 4 32 #5. Page 19, by inserting after line 14 the 4 33 following: 4 34 " . A violation of an animal feeding operation's 4 35 good neighbor policy as provided in section 455B.205, 4 36 to the extent that the violation is the cause of the 4 37 nuisance." 4 38 #6. By renumbering and relettering as necessary. 4 39 4 40 4 41 4 42 SCHRADER of Marion 4 43 HF 519.224 76 4 44 da/jj
Text: H03705 Text: H03707 Text: H03700 - H03799 Text: H Index Bills and Amendments: General Index Bill History: General Index
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