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PAG LIN 1 1 Amend House File 519, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 "Sec. . Section 13.13, subsection 2, Code 1995, 1 6 is amended to read as follows: 1 7 2. The farm assistance program coordinator shall 1 8 contract with a nonprofit organization chartered in 1 9 this state to provide mediation services as provided 1 10 in chapters 654A and 654B.The contract shall be1 11awarded to the organization by July 1, 1990.The farm 1 12 assistance program coordinator shall contract with a 1 13 nonprofit organization to provide mediation services 1 14 as provided in chapter 654C based upon a designation 1 15 forwarded by the organic nutrient management board. A 1 16 contract may be terminated by the coordinator upon 1 17 written notice and for good cause. The coordinator 1 18 shall notify the board six months prior to the 1 19 expiration of a contract or ten days prior to the 1 20 termination of a contract involving a nonprofit 1 21 organization providing mediation services as provided 1 22 in chapter 654C. The coordinator shall select an 1 23 organization to provide mediation services under 1 24 chapter 654C, if the coordinator does not receive the 1 25 board's selection in writing within thirty days 1 26 following the board's receipt of the notice of 1 27 expiration or termination of the contract. An 1 28 organization awarded the contract is designated as the 1 29 farm mediation service for the chapter for which the 1 30 organization is to provide mediation services, for the 1 31 duration of the contract.TheAn organization may, 1 32 upon approval by the coordinator, provide mediation 1 33 services other than as provided by law. The farm 1 34 mediation service is not a state agency for the 1 35 purposes of chapters 19A, 20, and 669. 1 36 Sec. . Section 13.14, subsections 1 and 2, Code 1 37 1995, are amended to read as follows: 1 38 1. Meetings ofthea farm mediation service are 1 39 closed meetings and are not subject to chapter 21. 1 40 2. Verbal or written information relating to the 1 41 mediation process and transmitted between a party to a 1 42 dispute andthea farm mediation service, including a 1 43 mediator or the mediation staff, or any other person 1 44 present during any stage of the mediation process 1 45 conducted bythea service, whether reflected in 1 46 notes, memoranda, or other work products in the case 1 47 files, is a confidential communication. Mediators and 1 48 staff members shall not be examined in any judicial or 1 49 administrative proceeding regarding confidential 1 50 communications and are not subject to judicial or 2 1 administrative process requiring the disclosure of 2 2 confidential communications. 2 3 Sec. . Section 13.15, unnumbered paragraph 1, 2 4 Code 1995, is amended to read as follows: 2 5TheA farm mediation service providing mediation 2 6 services under chapter 654A or 654B shall recommend 2 7 rules to administer those chapters to the farm 2 8 assistance program coordinator. A mediation service 2 9 providing mediation services under chapter 654C shall 2 10 recommend rules to administer that chapter to the 2 11 organic nutrient management board. The board shall 2 12 submit the recommendations with comments or its own 2 13 recommendations to the farm assistance program 2 14 coordinator. The coordinator shall adopt rules 2 15 pursuant to chapter 17A to set the compensation of 2 16 mediators and to implement this subchapter and 2 17 chapters 654A and 654B. 2 18 Sec. . Section 13.16, Code 1995, is amended to 2 19 read as follows: 2 20 13.16 LIMITATION ON LIABILITY &endash; IMMUNITY FROM 2 21 SPECIAL ACTIONS. 2 22 1. A member ofthea farmmediationmediation's 2 23 staff, including a mediator, employee, or agent of the 2 24 service, or member of a board for the service, is not 2 25 liable for civil damages for a statement or decision 2 26 made in the process of mediation, unless the member 2 27 acts in bad faith, with malicious purpose, or in a 2 28 manner exhibiting willful and wanton disregard of 2 29 human rights, safety, or property. 2 30 2. A judicial action which seeks an injunction, 2 31 mandamus, or similar equitable relief shall not be 2 32 brought againstthea farm mediation service, 2 33 including a mediator, employee, or agent of the 2 34 service, or a member of a board for the service until 2 35 completion of the mediation process." 2 36 #2. Page 1, by striking lines 6 through 11 and 2 37 inserting the following: "feet from a designated 2 38 area, unless one of the following applies: 2 39 1. The manure is applied by injection or 2 40 incorporation within twenty-four hours following the 2 41 application. 2 42 2. An area of permanent vegetation cover exists 2 43 for fifty feet surrounding the designated area and 2 44 that area is not subject to manure application. 2 45 As used in this section, "designated area" means a 2 46 known sinkhole, or a cistern, abandoned well, 2 47 unplugged agricultural drainage well, agricultural 2 48 drainage well surface inlet, drinking water well, or 2 49 lake, or a farm pond, or privately owned lake as 2 50 defined in section 462A.2. However, a "designated 3 1 area" does not include a terrace tile outlet." 3 2 #3. Page 1, line 14, by striking the words "an 3 3 animal" and inserting the following: "a confinement". 3 4 #4. Page 1, by inserting after line 23 the 3 5 following: 3 6 "1A. "Animal weight capacity" means the same as 3 7 defined in section 455B.161." 3 8 #5. Page 2, by striking line 2 and inserting the 3 9 following: "subject to a construction permit issued 3 10 by the". 3 11 #6. Page 2, line 25, by striking the words 3 12 "required to" and inserting the following: "who". 3 13 #7. Page 2, line 25, by striking the word and 3 14 figure "section 455B.191" and inserting the following: 3 15 "chapter 455B". 3 16 #8. Page 2, line 30, by striking the word and 3 17 figure "section 455B.191" and inserting the following: 3 18 "chapter 455B". 3 19 #9. Page 3, line 1, by inserting after the words 3 20 "related to" the following: "cleaning up the site of 3 21 the confinement feeding operation, including". 3 22 #10. Page 3, line 4, by striking the word "two" 3 23 and inserting the following: "one". 3 24 #11. Page 3, line 29, by striking the words "five 3 25 hundred thousand" and inserting the following: "one 3 26 million". 3 27 #12. Page 4, by striking lines 3 through 6 and 3 28 inserting the following: "The amount of the fees 3 29 shall be based on the following: 3 30 1. If the animal feeding operation has an animal 3 31 weight capacity of less than six hundred twenty-five 3 32 thousand pounds, the following shall apply: 3 33 a. For all animals other than poultry, the amount 3 34 of the fee shall be five cents per animal unit of 3 35 capacity for confinement feeding operations. 3 36 b. For poultry, the amount of the fee shall be two 3 37 cents per animal unit of capacity for confinement 3 38 feeding operations. 3 39 2. If the animal feeding operation has an animal 3 40 weight capacity of six hundred twenty-five thousand or 3 41 more pounds but less than one million two hundred 3 42 fifty thousand pounds, the following shall apply: 3 43 a. For all animals other than poultry, the amount 3 44 of the fee shall be seven and one-half cents per 3 45 animal unit of capacity for confinement feeding 3 46 operations. 3 47 b. For poultry, the amount of the fee shall be 3 48 three cents per animal unit of capacity for 3 49 confinement feeding operations. 3 50 3. If the animal feeding operation has an animal 4 1 weight capacity of one million two hundred fifty 4 2 thousand or more pounds, the following shall apply: 4 3 a. For all animals other than poultry, the amount 4 4 of the fee shall be ten cents per animal unit of 4 5 capacity for confinement feeding operations. 4 6 b. For poultry, the amount of the fee shall be 4 7 four cents per animal unit of capacity for confinement 4 8 feeding operations. 4 9 The". 4 10 #13. Page 4, line 14, by inserting after the words 4 11 "costs of" the following: "cleaning up the site of 4 12 the confinement feeding operation, including the costs 4 13 of". 4 14 #14. Page 4, line 32, by striking the word "fifty" 4 15 and inserting the following: "one hundred". 4 16 #15. Page 4, by striking lines 33 and 34 and 4 17 inserting the following: "percent of the claim, as 4 18 provided in this section. If". 4 19 #16. Page 5, by inserting after line 25 the 4 20 following: 4 21 "Sec. . NEW SECTION. 204.4A MANURE REMOVAL. 4 22 A county which has acquired real estate containing 4 23 a confinement feeding operation structure, as defined 4 24 in section 455B.161, following the nonpayment of taxes 4 25 pursuant to section 446.19, may remove and dispose of 4 26 the manure at any time, and seek reimbursement for the 4 27 costs of the removal and disposal from the person 4 28 abandoning the real estate.". 4 29 #17. Page 5, by inserting after line 33 the 4 30 following: 4 31 "Sec. . Section 260E.3, Code 1995, is amended 4 32 by adding the following new subsection: 4 33 NEW SUBSECTION. 6. After August 31, 1995, a 4 34 community college shall not enter into an agreement 4 35 for a project which includes program services for 4 36 employees of a confinement feeding operation as 4 37 defined in section 455B.161. 4 38 Sec. . NEW SECTION. 455A.7A ORGANIC NUTRIENT 4 39 MANAGEMENT BOARD. 4 40 1. An organic nutrient management board is 4 41 established. Sections 69.16 and 69.16A apply to the 4 42 composition of the board. Members shall be entitled 4 43 to receive per diem as provided in section 7E.6 and 4 44 actual expenses. 4 45 2. The board shall consist of the following: 4 46 a. The following persons appointed as voting 4 47 members by the governor: 4 48 (1) Four persons actively engaged in agricultural 4 49 production. Each person must be a member of a 4 50 commodity organization or association which represents 5 1 agricultural producers generally. 5 2 (2) One person who is interested in environmental 5 3 quality issues. The person must be a member of an 5 4 association or organization interested in the 5 5 protection or preservation of the natural environment. 5 6 b. The following persons who shall serve as voting 5 7 members: 5 8 (1) The director of the soil conservation division 5 9 of the department of agriculture and land stewardship 5 10 or a designee. 5 11 (2) The chairperson of the Iowa business council 5 12 or a designee. 5 13 c. The following persons who shall serve as ex 5 14 officio nonvoting members: 5 15 (1) A designee of the state office of the natural 5 16 resources conservation service of the United States 5 17 department of agriculture, upon request by the 5 18 governor. 5 19 (2) The director of the department of natural 5 20 resources or the director's designee. 5 21 (3) The dean of the college of agriculture at Iowa 5 22 state university or the dean's designee. 5 23 (4) Four members of the general assembly two of 5 24 whom are state senators, one appointed by the 5 25 president of the senate, after consultation with the 5 26 majority leader of the senate, and one appointed by 5 27 the minority leader of the senate, after consultation 5 28 with the president of the senate, from their 5 29 respective parties; and two of whom are state 5 30 representatives appointed by the speaker of the house, 5 31 one from the majority party after consultation with 5 32 the majority leader of the house and one from the 5 33 minority party after consultation with the minority 5 34 leader of the house. 5 35 3. The department shall furnish the board with a 5 36 meeting place, staff, and all articles, supplies, and 5 37 services necessary to enable the board to perform its 5 38 duties. 5 39 4. The members appointed by the governor shall 5 40 serve three-year terms beginning and ending as 5 41 provided in section 69.19. However, the governor 5 42 shall appoint some initial members to serve for less 5 43 than three years to ensure members serve staggered 5 44 terms. A member appointed by the governor is eligible 5 45 for reappointment. However, a member shall not serve 5 46 for more than two full consecutive terms. A vacancy 5 47 on the board shall be filled for the unexpired portion 5 48 of the regular term in the same manner as regular 5 49 appointments are made. The board shall elect a 5 50 chairperson each year and meet at least once every 6 1 three months, and at the call of the chairperson or 6 2 upon the written request to the chairperson of three 6 3 or more voting members. Written notice of the time 6 4 and place of the meeting shall be given to each 6 5 member. Four voting members constitute a quorum and 6 6 the affirmative vote of a majority of the voting 6 7 members present is necessary for any substantive 6 8 action to be taken by the board, except that a lesser 6 9 number may adjourn a meeting. The majority shall not 6 10 include any member who has a conflict of interest and 6 11 a statement by a member that the member has a conflict 6 12 of interest is conclusive for this purpose. A vacancy 6 13 in the membership does not impair the duties of the 6 14 board. 6 15 5. The board shall do all of the following: 6 16 a. Advise the department and the environmental 6 17 protection commission regarding manure management 6 18 practices. 6 19 b. Study the effects of animal feeding operations 6 20 and recommend to the department and commission 6 21 solutions and policy or regulatory alternatives 6 22 relating to animal feeding operations, including 6 23 recommendations for rulemaking by the department 6 24 pursuant to chapter 17A or recommendations to the 6 25 general assembly. 6 26 c. Designate to the farm assistance program 6 27 coordinator as provided in section 13.13, a nonprofit 6 28 organization to provide mediation services under 6 29 chapter 654C. The board shall consider designating 6 30 the farm mediation service selected by the farm 6 31 assistance program coordinator to provide mediation 6 32 services under chapters 654A and 654B. The board 6 33 shall forward its designation to the farm assistance 6 34 program coordinator not later than thirty days 6 35 following the board's receipt of a notice by the 6 36 coordinator of the expiration or termination of a 6 37 contract with a nonprofit organization providing 6 38 mediation services under chapter 654C. 6 39 d. Consider rules submitted by a farm mediation 6 40 service to the board, and make comments or further 6 41 recommendations which shall be submitted to the farm 6 42 assistance program coordinator pursuant to section 6 43 13.15. 6 44 e. Provide other information or perform other 6 45 duties which may be of assistance to animal feeding 6 46 operations. 6 47 Sec. . Section 455B.109, subsection 4, Code 6 48 1995, is amended to read as follows: 6 49 4. All civil penalties assessed by the department 6 50 and interest on the penalties shall be deposited in 7 1 the general fund of the state. However, civil 7 2 penalties assessed by the department and interest on 7 3 the penalties, arising out of violations imposed upon 7 4 a person obtaining a permit for the construction of an 7 5 animal feeding operation, as provided in division II, 7 6 part 2, shall be deposited in the manure storage 7 7 indemnity fund as created in section 204.2. Civil 7 8 penalties assessed by the department and interest on 7 9 the penalties arising out of a violation imposed upon 7 10 a person obtaining a permit for an animal feeding 7 11 operation as provided in division III, which may be 7 12 assessed pursuant to section 455B.191, shall be 7 13 deposited in the manure storage indemnity fund as 7 14 created in section 204.2. 7 15 Sec. . NEW SECTION. 455B.110 ANIMAL FEEDING 7 16 OPERATIONS &endash; COMMISSION APPROVAL. 7 17 The department shall not initiate an enforcement 7 18 action in response to a violation by an animal feeding 7 19 operation as provided in this chapter or a rule 7 20 adopted pursuant to this chapter, or request the 7 21 commencement of legal action by the attorney general 7 22 pursuant to section 455B.141, unless the commission 7 23 has approved the intended action. This section shall 7 24 not apply to an order to terminate an emergency issued 7 25 by the director pursuant to section 455B.175." 7 26 #18. Page 6, line 30, by striking the words 7 27 "SEPARATION DISTANCE" and inserting the following: 7 28 "ANIMAL FEEDING OPERATIONS". 7 29 #19. Page 6, line 30, by inserting after the word 7 30 "PART" the following: "2". 7 31 #20. Page 7, line 25, by inserting after the word 7 32 "storage." the following: "An animal feeding 7 33 operation does not include a livestock market." 7 34 #21. By striking page 7, line 32, through page 8, 7 35 line 6, and inserting the following: 7 36 " . "Commercial enterprise" means a building 7 37 which is used as a part of a business that 7 38 manufactures goods, delivers services, or sells goods 7 39 or services, which is customarily and regularly used 7 40 by the general public during the entire calendar year 7 41 and which is connected to utility services, which may 7 42 include electric, water, or sewer services. A 7 43 commercial enterprise does not include a farm 7 44 operation." 7 45 #22. Page 8, line 22, by striking the word "twice" 7 46 and inserting the following: "once". 7 47 #23. Page 8, line 35, by inserting after the word 7 48 "manure" the following: "from a confinement feeding 7 49 operation". 7 50 #24. Page 9, by inserting after line 2 the 8 1 following: 8 2 " . "Livestock market" means any place where 8 3 animals are assembled from two or more sources for 8 4 public auction, private sale, or on a commission 8 5 basis, which is under state or federal supervision, 8 6 including a livestock sale barn or auction market, if 8 7 such animals are kept for ten days or less." 8 8 #25. Page 9, by striking lines 6 through 8 and 8 9 inserting the following: 8 10 " . "Public use area" means that portion of 8 11 public land where persons customarily congregate, or 8 12 where persons are planning to customarily congregate, 8 13 as provided for in a recreation master plan approved 8 14 by the area's policymaking body." 8 15 #26. Page 9, line 9, by striking the words 8 16 "building, constructed" and inserting the following: 8 17 "building". 8 18 #27. Page 9, by striking line 10 and inserting the 8 19 following: "in which an active". 8 20 #28. Page 9, by inserting after line 11 the 8 21 following: 8 22 "17. "Small animal feeding operation" means an 8 23 animal feeding operation which has an animal weight 8 24 capacity of two hundred thousand pounds or less for 8 25 animals other than beef cattle, or four hundred 8 26 thousand pounds or less for beef cattle." 8 27 #29. Page 9, by striking line 20 and inserting the 8 28 following: 8 29 "1. Except as provided in subsection 2, the 8 30 following table shall apply to animal feeding 8 31 operation structures: 8 32 a. The following table represents the minimum 8 33 separation". 8 34 #30. By striking page 9, line 25, through page 10, 8 35 line 13, and inserting the following: 8 36 "Minimum 8 37 separation 8 38 distance 8 39 Minimum in feet Minimum 8 40 separation for opera- separation 8 41 distance tions hav- distance 8 42 in feet ing an in feet 8 43 for opera- animal for opera- 8 44 tions hav- weight ca- tions hav- 8 45 ing an pacity of ing an 8 46 animal 625,000 animal 8 47 weight ca- or more weight ca- 8 48 pacity of pounds but pacity of 8 49 less than less than 1,250,000 8 50 625,000 1,250,000 or more 9 1 pounds pounds pounds 9 2 for for ani- for 9 3 animals mals other animals 9 4 other than beef other 9 5 than cattle, or than 9 6 beef 1,600,000 beef 9 7 cattle, or more cattle, or 9 8 or less pounds but 3,200,000 9 9 than less than or more 9 10 1,600,000 3,200,000 pounds 9 11 pounds pounds for 9 12 for beef for beef beef 9 13 Type of structure cattle cattle cattle 9 14 Anaerobic lagoon 1,250 1,875 2,500 9 15 Uncovered earthen 9 16 manure storage 9 17 basin 1,250 1,875 2,500 9 18 Uncovered formed 9 19 manure storage 9 20 structure 1,000 1,500 2,000 9 21 Covered earthen 9 22 manure storage 9 23 basin 750 1,000 1,500 9 24 Covered formed 9 25 manure storage 9 26 structure 750 1,000 1,500 9 27 Confinement 9 28 building 750 1,000 1,500 9 29 Egg washwater 9 30 storage structure 750 1,000 1,500". 9 31 #31. Page 10, line 14, by striking the figure 9 32 "2." and inserting the following: "b." 9 33 #32. Page 10, line 16, by inserting after the word 9 34 "or" the following: "a residence not owned by the 9 35 owner of the animal feeding operation, a commercial 9 36 enterprise, a bona fide religious institution, or an 9 37 educational institution located within". 9 38 #33. Page 10, by striking lines 18 through 31 and 9 39 inserting the following: 9 40 "Minimum 9 41 separation 9 42 distance 9 43 Minimum in feet Minimum 9 44 separation for opera- separation 9 45 distance tions hav- distance 9 46 in feet ing an in feet 9 47 for opera- animal for opera- 9 48 tions hav- weight ca- tions hav- 9 49 ing an pacity of ing an 9 50 animal 625,000 animal 10 1 weight ca- or more weight ca- 10 2 pacity of pounds but pacity of 10 3 less than less than 1,250,000 10 4 625,000 1,250,000 or more 10 5 pounds pounds pounds 10 6 for for ani- for 10 7 animals mals other animals 10 8 other than beef other 10 9 than cattle, or than 10 10 beef 1,600,000 beef 10 11 cattle, or more cattle, or 10 12 or less pounds but 3,200,000 10 13 than less than or more 10 14 1,600,000 3,200,000 pounds 10 15 pounds pounds for 10 16 for beef for beef beef 10 17 Type of structure cattle cattle cattle 10 18 Animal feeding 10 19 operation structure 1,250 1,875 2,500". 10 20 #34. Page 10, by inserting before line 32 the 10 21 following: 10 22 "2. A confinement feeding operation having an 10 23 animal weight capacity of one million two hundred 10 24 fifty thousand or more pounds for animals other than 10 25 beef cattle, or three million two hundred thousand or 10 26 more pounds for beef cattle, shall only use a 10 27 confinement feeding operation, which, to every extent 10 28 practicable, incorporates generally accepted methods 10 29 and techniques for the treatment and stabilization of 10 30 sewage originating from human populations, according 10 31 to rules adopted by the department. The type and 10 32 degree of treatment technology required to be 10 33 installed shall be based on the size of the 10 34 confinement feeding operation. The rules shall 10 35 require that a confinement feeding operation subject 10 36 to this subsection, and constructed on or after the 10 37 effective date of this Act, be required to install a 10 38 treatment system employing bacterial action which is 10 39 maintained by the utilization of air or oxygen, and 10 40 which shall include aeration equipment. The equipment 10 41 shall be installed, operated, and maintained in 10 42 accordance with the manufacturer's instructions and 10 43 the requirements of rules adopted pursuant to this 10 44 subsection. This subsection shall not apply to a 10 45 confinement feeding operation which stores manure as 10 46 dry matter, or to an egg washwater storage structure." 10 47 #35. Page 11, line 34, by striking the words "An 10 48 animal feeding operation" and inserting the following: 10 49 "A confinement feeding operation structure". 10 50 #36. Page 12, by striking lines 3 and 4 and 11 1 inserting the following: "confinement feeding 11 2 operation which qualifies as a small animal feeding 11 3 operation." 11 4 #37. Page 12, line 28, by inserting after the word 11 5 "institution," the following: "commercial 11 6 enterprise". 11 7 #38. Page 12, line 29, by inserting before the 11 8 word "religious" the following: "bona fide". 11 9 #39. Page 12, line 30, by inserting after the 11 10 words "educational institution," the following: 11 11 "commercial enterprise,". 11 12 #40. Page 12, line 30, by inserting before the 11 13 word "religious" the following: "bona fide". 11 14 #41. Page 13, by inserting after line 2 the the 11 15 following: 11 16 "Sec. . NEW SECTION. 455B.166 PUBLIC 11 17 HEARINGS. 11 18 A city, upon request, shall hold a public hearing 11 19 of residents who are affected by the construction or 11 20 expansion of the animal feeding operation within the 11 21 corporate limits of the city. A county, upon request, 11 22 shall hold a public hearing of residents who are 11 23 affected by the construction or expansion of an animal 11 24 feeding operation within the county. The hearing 11 25 shall be held within thirty days of a request for a 11 26 public hearing by a resident. The city or county 11 27 shall provide ten days' advance notice of the date, 11 28 time, and location of the public hearing." 11 29 #42. Page 13, line 13, by inserting after the word 11 30 "disposal." the following: "An animal feeding 11 31 operation does not include a livestock market as 11 32 defined in section 455B.161." 11 33 #43. Page 13, by inserting after line 13 the 11 34 following: 11 35 "NEW SUBSECTION. 1B. "Animal weight capacity" 11 36 means the same as defined in section 455B.161." 11 37 #44. Page 13, by inserting after line 20 the 11 38 following: 11 39 "NEW SUBSECTION. 23A. "Small animal feeding 11 40 operation" means the same as defined in section 11 41 455B.161." 11 42 #45. Page 14, line 8, by inserting after the 11 43 figure "12." the following: "a." 11 44 #46. Page 14, line 13, by inserting after the word 11 45 "operations." the following: "The department shall 11 46 not require that a person obtain a permit for the 11 47 construction of an animal feeding operation structure, 11 48 if the structure is part of a small animal feeding 11 49 operation." 11 50 #47. Page 14, line 15, by inserting after the word 12 1 "permit." the following: "The department shall not 12 2 approve a permit for the construction of three or more 12 3 animal feeding operation structures unless the 12 4 applicant files a statement approved by a professional 12 5 engineer registered pursuant to chapter 542B 12 6 certifying that the construction of the animal feeding 12 7 operation structure will not impede the drainage 12 8 through established drainage tile lines which cross 12 9 property boundary lines unless measures are taken to 12 10 reestablish the drainage prior to completion of 12 11 construction." 12 12 #48. Page 14, line 18, by striking the words "the 12 13 construction of". 12 14 #49. Page 14, line 22, by inserting after the word 12 15 "permit." the following: "An applicant for a 12 16 construction permit shall not begin construction at 12 17 the location of a site planned for the construction of 12 18 an animal feeding operation structure, until the 12 19 person has been granted a permit for the construction 12 20 of the structure by the department. The department 12 21 shall make a determination regarding the approval or 12 22 denial of a permit within sixty days from the date 12 23 that the department receives a completed application 12 24 for a permit. However, the sixty-day requirement 12 25 shall not apply to an application, if the applicant is 12 26 not required to obtain a permit in order to construct 12 27 an animal feeding operation structure or to operate an 12 28 animal feeding operation." 12 29 #50. Page 14, by striking line 26 and inserting 12 30 the following: "confinement feeding operation or 12 31 confinement feeding operation structure". 12 32 #51. Page 14, line 30, by striking the word "may" 12 33 and inserting the following: "shall". 12 34 #52. Page 14, line 31, by inserting after the word 12 35 "supervisors," the following: "regarding compliance 12 36 by the applicant with the legal requirements for the 12 37 construction of the confinement feeding operation 12 38 structure as provided in this chapter, and rules 12 39 adopted by the department pursuant to this chapter,". 12 40 #53. Page 15, line 9, by striking the word 12 41 "subsection" and inserting the following: 12 42 "paragraph". 12 43 #54. Page 15, line 13, by striking the word 12 44 "subsection" and inserting the following: 12 45 "paragraph". 12 46 #55. Page 15, line 14, by striking the word 12 47 "offense" and inserting the following: "violation". 12 48 #56. Page 15, line 14, by striking the word 12 49 "animal" and inserting the following: "confinement". 12 50 #57. Page 15, line 17, by striking the word 13 1 "offender" and inserting the following: "violator". 13 2 #58. Page 15, line 19, by striking the word 13 3 "offender" and inserting the following: "violator". 13 4 #59. Page 15, line 20, by striking the word 13 5 "offender" and inserting the following: "violator". 13 6 #60. Page 15, line 22, by striking the word 13 7 "offenders" and inserting the following: "violators". 13 8 #61. Page 15, by inserting after line 26 the 13 9 following: 13 10 "b. Provide for the issuance of permits for the 13 11 application of manure by spray irrigation equipment. 13 12 The department shall revoke a permit issued to a 13 13 person, and shall not issue a permit to a person, 13 14 under this paragraph, for five years after the date of 13 15 the last offense committed by the person or a 13 16 confinement feeding operation in which the person 13 17 holds a controlling interest, during which the person 13 18 or operation is classified as a habitual violator 13 19 under section 455B.191." 13 20 #62. Page 15, line 30, by striking the word 13 21 "offender" and inserting the following: "violator". 13 22 #63. Page 15, line 31, by inserting after the word 13 23 "each" the following: "subsequent violation for 13 24 each". 13 25 #64. Page 15, line 31, by striking the word 13 26 "offense" and inserting the following: "violation". 13 27 #65. Page 15, line 33, by striking the word 13 28 "offender" and inserting the following: "violator". 13 29 #66. Page 15, line 33, by striking the word 13 30 "offenses" and inserting the following: "violations". 13 31 #67. Page 15, by striking lines 34 and 35, and 13 32 inserting the following: "as described in this 13 33 subsection. To be considered a violation that is 13 34 applicable to a habitual violator determination, a 13 35 violation must have been committed prior to the 13 36 effective date of this Act and be subject to an action 13 37 which is pending on the effective date of this Act, or 13 38 the violation must be committed on or after the 13 39 effective date of this Act. In addition, each 13 40 violation must be subject to the assessment". 13 41 #68. Page 16, line 2, by striking the words 13 42 "offense, counting any offense" and inserting the 13 43 following: "violation provided in this subsection, 13 44 counting any violation". 13 45 #69. Page 16, line 5, by striking the word 13 46 "offender" and inserting the following: "violator". 13 47 #70. Page 16, line 6, by striking the word 13 48 "animal" and inserting the following: "confinement". 13 49 #71. Page 16, line 8, by striking the word 13 50 "offenses" and inserting the following: "violations". 14 1 #72. Page 16, line 9, by striking the word 14 2 "offenses" and inserting the following: "violations". 14 3 #73. Page 16, line 10, by striking the word 14 4 "offense" and inserting the following: "violation". 14 5 #74. Page 16, line 11, by striking the word 14 6 "offense" and inserting the following: "violation". 14 7 #75. Page 16, line 11, by striking the word 14 8 "offenses" and inserting the following: "violations". 14 9 #76. Page 16, by striking line 12 and inserting 14 10 the following: "separate violations regardless of 14 11 whether the violations were". 14 12 #77. Page 16, line 13, by striking the word 14 13 "offense" and inserting the following: "violation". 14 14 #78. Page 17, line 14, by striking the word 14 15 "offender" and inserting the following: "violator". 14 16 #79. Page 17, line 18, by striking the words 14 17 "required to obtain" and inserting the following: 14 18 "obtaining". 14 19 #80. Page 17, line 29, by inserting after the word 14 20 "surface" the following: "water". 14 21 #81. Page 17, line 30, by inserting before the 14 22 word "this" the following: "the provisions of state 14 23 law, including". 14 24 #82. Page 17, by inserting after line 34 the 14 25 following: 14 26 " . The owner of the confinement feeding 14 27 operation which discontinues the use of the operation 14 28 shall remove all manure from related confinement 14 29 feeding operation structures used to store manure, by 14 30 a date specified in an order issued to the operation 14 31 by the department of natural resources, or six months 14 32 following the date that the confinement feeding 14 33 operation is discontinued, whichever is earlier." 14 34 #83. Page 17, by inserting after line 34 the 14 35 following: 14 36 " . A person shall not apply manure by spray 14 37 irrigation equipment, unless the person holds a permit 14 38 issued by the department authorizing such application, 14 39 as provided in section 455B.173." 14 40 #84. By striking page 17, line 35, through page 14 41 19, line 33, and inserting the following: 14 42 "Sec. . NEW SECTION. 455B.202 MANURE 14 43 MANAGEMENT PLAN &endash; REQUIREMENTS. 14 44 1. In order to receive a permit for the 14 45 construction of a confinement feeding operation as 14 46 provided in section 455B.173, a person shall submit a 14 47 manure management plan to the department together with 14 48 the application for a construction permit. 14 49 2. A manure management plan shall include all of 14 50 the following: 15 1 a. Calculations necessary to determine the land 15 2 area required for the application of manure from a 15 3 confinement feeding operation based on nitrogen use 15 4 levels in order to obtain optimum crop yields 15 5 according to a crop schedule specified in the plan, 15 6 and according to requirements adopted by the 15 7 department after receiving recommendations from the 15 8 organic nutrient management advisory board established 15 9 pursuant to section 455A.7A. 15 10 b. Manure nutrient levels as determined by either 15 11 manure testing or accepted standard manure nutrient 15 12 values. 15 13 c. Manure application methods, timing of manure 15 14 application, and the location of the manure 15 15 application. 15 16 d. If the location of the application is on land 15 17 other than land owned by the person applying for the 15 18 construction permit, the plan shall include a copy of 15 19 each written agreement executed between the person and 15 20 the landowner where the manure will be applied. 15 21 e. An estimate of the annual livestock production 15 22 and manure volume or weight produced by the 15 23 confinement feeding operation. 15 24 f. Methods, structures, or practices to prevent or 15 25 diminish soil loss and potential surface water 15 26 pollution. 15 27 g. Methods or practices to minimize potential 15 28 odors caused by the application of manure by the use 15 29 of spray irrigation equipment. 15 30 3. A person classified as a habitual violator or a 15 31 confinement feeding operation in which a habitual 15 32 violator owns a controlling interest, as provided in 15 33 section 455B.191, shall submit a manure management 15 34 plan to the department on an annual basis, which must 15 35 be approved by the department for the following year 15 36 of operation." 15 37 #85. By striking page 19, line 34, through page 15 38 20, line 10. 15 39 #86. Page 20, by striking lines 12 through 14 and 15 40 inserting the following: "operation at any time 15 41 during normal working hours. The department shall 15 42 regularly". 15 43 #87. Page 20, line 17, by striking the word 15 44 "offender" and inserting the following: "violator". 15 45 #88. Page 20, line 23, by striking the words 15 46 "required to submit" and inserting the following: 15 47 "submitting". 15 48 #89. Page 21, by striking lines 8 through 11 and 15 49 inserting the following: "known sinkhole, or a 15 50 cistern, abandoned well, unplugged agricultural 16 1 drainage well, agricultural drainage well surface 16 2 inlet, drinking water well, or lake, or a farm pond or 16 3 privately owned lake as defined in section 462A.2." 16 4 #90. Page 21, by inserting before line 12 the 16 5 following: 16 6 "Sec. . NEW SECTION. 654C.1 DEFINITIONS. 16 7 As used in this chapter, unless otherwise required: 16 8 1. "Animal feeding operation structure" means the 16 9 same as defined in section 455B.161. 16 10 2. "Dispute" means a controversy between a 16 11 permittee and a neighbor, which arises from 16 12 negotiations between the parties to establish an 16 13 animal feeding operation structure within the 16 14 separation distance. 16 15 3. "Farm mediation service" means the organization 16 16 selected pursuant to section 13.13. 16 17 4. "Neighbor" means a person benefiting from a 16 18 separation distance required pursuant to section 16 19 455B.162, including a person owning a residence other 16 20 than the owner of the animal feeding operation, a 16 21 commercial enterprise, bona fide religious 16 22 institution, educational institution, or a city, 16 23 authorized to execute a waiver. 16 24 5. "Participate" or "participation" means 16 25 attending a mediation meeting, and having knowledge 16 26 about and discussing issues concerning a subject 16 27 relating to a dispute. 16 28 6. "Permittee" means a person obtaining a permit 16 29 for the construction of an animal feeding operation 16 30 structure as provided in section 455B.173. 16 31 7. "Waiver" means a waiver executed between a 16 32 permittee and a neighbor as provided in section 16 33 455B.165. 16 34 Sec. . NEW SECTION. 654C.2 MEDIATION 16 35 PROCEEDINGS. 16 36 1. A person who is a permittee or a neighbor may 16 37 file a request for mediation with the farm mediation 16 38 service. Upon receipt of the request for mediation, 16 39 the farm mediation service shall conduct an initial 16 40 consultation with each party to the dispute privately 16 41 and without charge. Mediation shall be cancelled 16 42 after the initial consultation, unless both parties 16 43 agree to proceed. 16 44 2. Both parties to the dispute shall file with the 16 45 farm mediation service information required by the 16 46 service to conduct mediation. 16 47 3. Unless mediation is cancelled, within twenty- 16 48 one days after receiving a mediation request, the farm 16 49 mediation service shall send a mediation meeting 16 50 notice to all parties to the dispute setting a time 17 1 and place for an initial mediation meeting between the 17 2 parties and a mediator directed by the farm mediation 17 3 service to assist in mediation. An initial mediation 17 4 meeting shall be held within twenty-one days of the 17 5 issuance of the mediation meeting notice. 17 6 Sec. . NEW SECTION. 654C.3 DUTIES OF THE 17 7 MEDIATOR. 17 8 At the initial mediation meeting and subsequent 17 9 meetings, the mediator shall: 17 10 1. Listen to all involved parties. 17 11 2. Attempt to mediate between all involved 17 12 parties. 17 13 3. Encourage compromise and workable solutions. 17 14 4. Advise, counsel, and assist the parties in 17 15 attempting to arrive at an agreement for the future 17 16 conduct of relations among themselves. 17 17 Sec. . NEW SECTION. 654C.4 MEDIATION PERIOD. 17 18 The mediator may call mediation meetings during the 17 19 mediation period, which is up to forty-two days after 17 20 the farm mediation service received the mediation 17 21 request. However, if all parties consent, mediation 17 22 may continue after the end of the mediation period. 17 23 Sec. . NEW SECTION. 654C.5 MEDIATION 17 24 AGREEMENT. 17 25 1. If an agreement is reached between all parties, 17 26 the mediator shall draft a written mediation 17 27 agreement, which shall be signed by the parties. The 17 28 mediation release shall provide for a waiver which the 17 29 mediator shall file in the office of the recorder of 17 30 deeds of the county in which the benefited land is 17 31 located, as provided in section 455B.165. The 17 32 mediator shall forward a mediation agreement to the 17 33 farm mediation service. 17 34 2. The parties shall participate in at least one 17 35 mediation meeting. A party to a dispute may be 17 36 represented by another person, if the person 17 37 participates in mediation and has authority to discuss 17 38 the dispute on behalf of the party being represented. 17 39 This section does not require a party to reach an 17 40 agreement. This section does not require a person to 17 41 change a position, alter an activity which is a 17 42 subject of the dispute, alter an application for a 17 43 permit for construction of an animal feeding 17 44 operation, or restructure a contract. 17 45 3. The parties to the mediation agreement may 17 46 enforce the mediation agreement as a legal contract. 17 47 4. If the parties do not agree to proceed with 17 48 mediation, or if a mediation agreement is not reached, 17 49 the parties may sign a statement prepared by the 17 50 mediator that mediation proceedings were not conducted 18 1 or concluded or that the parties did not reach an 18 2 agreement. 18 3 Sec. . NEW SECTION. 654C.6 EXTENSION OF 18 4 DEADLINES. 18 5 Upon petition by all parties, the farm mediation 18 6 service may, for good cause, extend a deadline imposed 18 7 by section 654B.2 or 654B.4 for up to thirty days. 18 8 Sec. . NEW SECTION. 654C.7 EFFECT OF 18 9 MEDIATION. 18 10 An interest in property or rights and obligations 18 11 under a contract are not affected by the failure of a 18 12 person to obtain a mediation agreement." 18 13 #91. Page 21, by inserting before line 12 the 18 14 following: 18 15 "Sec. . Section 657.1, Code 1995, is amended to 18 16 read as follows: 18 17 657.1 NUISANCE &endash; WHAT CONSTITUTES &endash; ACTION TO 18 18 ABATE. 18 19 Whatever is injurious to health, indecent, or 18 20 unreasonably offensive to the senses, or an 18 21 obstruction to the free use of property, so as 18 22 essentially to interfere with the comfortable 18 23 enjoyment of life or property, is a nuisance, and a 18 24 civil action by ordinary proceedings may be brought to 18 25 enjoin and abate the same and to recover damages 18 26 sustained on account thereof. 18 27 Sec. . Section 657.2, subsection 1, Code 1995, 18 28 is amended to read as follows: 18 29 1. The erecting, continuing, or using any building 18 30 or other place for the exercise of any trade, 18 31 employment, or manufacture, which, by occasioning 18 32 noxious exhalations, unreasonably offensive smells, or 18 33 other annoyances, becomes injurious and dangerous to 18 34 the health, comfort, or property of individuals or the 18 35 public." 18 36 #92. By striking page 21, line 25, through page 18 37 22, line 30, and inserting the following: 18 38 " . If a person obtains all applicable permits 18 39 as required in chapter 455B for an animal feeding 18 40 operation as defined in section 455B.161, and if the 18 41 animal feeding operation complies with federal 18 42 statutes and regulations and state statutes and rules, 18 43 there shall be a rebuttable presumption that the 18 44 animal feeding operation is not a public or private 18 45 nuisance under this chapter or under principles of 18 46 common law, regardless of the established date of the 18 47 animal feeding operation's construction or expansion, 18 48 or whether the person is required to obtain a permit 18 49 or has obtained a permit voluntarily. However, if a 18 50 person submits a manure management plan as required 19 1 pursuant to section 455B.203 for a small animal 19 2 feeding operation, the person is not required to 19 3 obtain a permit as provided in section 455B.173 in 19 4 order to enjoy the same nuisance suit protection. The 19 5 rebuttable presumption may be overcome by clear and 19 6 convincing evidence that the animal feeding operation 19 7 unreasonably and continuously interferes with an 19 8 adjoining landowner's use and enjoyment of the 19 9 landowner's real property in a manner that causes harm 19 10 to the use and enjoyment of the landowner's real 19 11 property. This nuisance suit protection includes 19 12 protection for, but is not limited to, the care and 19 13 feeding of animals; the handling or transportation of 19 14 animals; the treatment or disposal of wastes resulting 19 15 from animals; the transportation and application of 19 16 animal wastes; and the creation of noise, odor, dust, 19 17 or fumes arising from an animal feeding operation. 19 18 . If a claim contains an averment of a public 19 19 or private nuisance, it shall be accompanied by a 19 20 verification. The verification shall constitute a 19 21 certification by the signor that the party and the 19 22 party's attorney have carefully read the pleadings, 19 23 motions, or other papers of the case, and based on a 19 24 reasonable inquiry, believe that the claim is well 19 25 grounded in fact, is warranted by existing law, or a 19 26 good faith argument can be made for the extension, 19 27 modification, or reversal of existing law; or that the 19 28 claim is not made for an improper purpose, including 19 29 to harass, to cause unnecessary delay, or to impose a 19 30 needless increase in the cost of litigation. The 19 31 court, upon motion or its own initiative, shall award 19 32 the prevailing party costs of an action, which shall 19 33 be paid by the losing party or the losing party's 19 34 attorney, and which costs may include but are not 19 35 limited to reasonable attorney fees, if the action is 19 36 based upon a claim of public or private nuisance, 19 37 which is not well grounded in fact and is not 19 38 warranted by existing law or a good faith argument for 19 39 the extension, modification, or reversal of existing 19 40 law, or is brought for an improper purpose. 19 41 . The nuisance suit protection provided in this 19 42 section does not apply to a nuisance action brought 19 43 against an animal feeding operation which arises out 19 44 of an injury to a person or damages to property caused 19 45 by the animal feeding operation before the effective 19 46 date of this Act. If the applicable permits are or 19 47 the manure management plan is obtained on or after the 19 48 effective date of this Act, the nuisance suit 19 49 protection does not apply to injury or damages caused 19 50 before the date the applicable permits are obtained or 20 1 the manure management plan is submitted." 20 2 #93. Page 23, line 15, by striking the word and 20 3 figures "March 31, 2005" and inserting the following: 20 4 "July 1, 1995". 20 5 #94. Page 25, line 4, by striking the word 20 6 "Seventy-fifth" and inserting the following: 20 7 "Seventy-sixth". 20 8 #95. Page 25, line 16, by striking the word 20 9 "shall" and inserting the following: "may". 20 10 #96. Page 25, line 19, by inserting after the 20 11 figure "266.39." the following: "The identity of the 20 12 ten animal feeding operations shall be confidential 20 13 and not subject to chapter 22. The findings of the 20 14 study shall not be used in a case or proceeding 20 15 brought against a person based upon a violation of 20 16 state law." 20 17 #97. Page 25, by inserting after line 21, the 20 18 following: 20 19 "Sec. . INTERIM STUDY COMMITTEE &endash; LIVESTOCK 20 20 PRODUCTION. 20 21 1. The legislative council is requested to 20 22 establish an interim study committee to examine the 20 23 practices engaged in by packers, processors, and 20 24 buyers, including persons regulated by the grain 20 25 inspection, packers and stockyards administration, 20 26 United States department of agriculture, under the 20 27 federal Packers and Stockyards Act of 1921, as 20 28 amended, 21 U.S.C. } 181, et seq. The interim 20 29 committee shall study the following issues: 20 30 a. The increasing degree of vertical integration 20 31 of the livestock market by packers and processors, 20 32 including threats to economic competition, independent 20 33 production, and consumer protection. 20 34 b. Market practices engaged in by packers, 20 35 processors, or buyers which increasingly threaten open 20 36 and fair markets, by establishing arbitrary and 20 37 inconsistent pricing without public disclosure or 20 38 price discovery mechanisms, including price 20 39 differences based on the time of delivery, transaction 20 40 volume, and private pricing arrangements under 20 41 contract. 20 42 2. The interim committee shall hold a public 20 43 hearing in each congressional district. 20 44 3. The interim committee shall report its findings 20 45 and recommendations to the general assembly not later 20 46 than the first day of the 1996 legislative session, 20 47 unless another date is established by the legislative 20 48 council." 20 49 #98. Page 25, by inserting before line 22 the 20 50 following: 21 1 "Sec. . SEVERABILITY. If any provision of this 21 2 Act or the application of this Act to any person or 21 3 circumstance is held invalid, the invalidity does not 21 4 affect other provisions or applications of this Act 21 5 which shall be given effect without the invalid 21 6 provision or application, and to this end the 21 7 provisions of this Act are severable." 21 8 #99. By renumbering, relettering, or redesignating 21 9 and correcting internal references as necessary. 21 10 HF 519S 21 11 da/cc/26
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