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Text: H04144                            Text: H04146
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House Amendment 4145

Amendment Text

PAG LIN
  1  1    Amend the Senate amendment, H-4033, to House File
  1  2 519, as amended, passed, and reprinted by the House,
  1  3 as follows:
  1  4    #1.  Page 1, by striking lines 10 through 31 and
  1  5 inserting the following:  "in chapters 654A and, 654B,
  1  6 and 654C.  The contract shall be awarded to the
  1  7 organization by July 1, 1990.  The contract may be
  1  8 terminated by the coordinator upon written notice and
  1  9 for good cause.  The organization awarded the contract
  1 10 is designated as the farm mediation service for the
  1 11 duration of the contract.  The organization may,".
  1 12    #2.  By striking page 1, line 36, through page 2,
  1 13 line 35, and inserting the following:
  1 14    "Sec.    .  Section 13.15, unnumbered paragraph 1,
  1 15 Code 1995, is amended to read as follows:
  1 16    The farm mediation service shall recommend rules to
  1 17 the farm assistance program coordinator.  The
  1 18 coordinator shall adopt rules pursuant to chapter 17A
  1 19 to set the compensation of mediators and to implement
  1 20 this subchapter and chapters 654A, and 654B, and
  1 21 654C.""
  1 22    #3.  Page 2, line 49, by striking the word "pond,"
  1 23 and inserting the following:  "pond".
  1 24    #4.  Page 3, line 1, by striking the word "outlet"
  1 25 and inserting the following:  "inlet".
  1 26    #5.  Page 3, by inserting after line 10 the
  1 27 following:
  1 28    "#   .  Page 2, line 8, by inserting after the word
  1 29 "of" the following:  "a manure storage structure,
  1 30 or"."
  1 31    #6.  Page 3, by striking lines 11 through 18 and
  1 32 inserting the following:
  1 33    "#   .  Page 2, by striking lines 25 through 30 and
  1 34 inserting the following:  "to chapter 455B, against
  1 35 permittees; moneys paid as a settlement involving an
  1 36 enforcement action for a civil penalty subject to
  1 37 assessment and collection against permittees by the
  1 38 department of natural resources pursuant to chapter
  1 39 455B; interest, property, and securities"."
  1 40    #7.  Page 3, by striking lines 22 and 23 and
  1 41 inserting the following:
  1 42    "#   .  Page 3, by striking lines 4 and 5 and
  1 43 inserting the following:  "fiscal year, the department
  1 44 shall not use more than one percent of the total
  1 45 amount which is available in the fund or ten thousand
  1 46 dollars, whichever is less, to pay"."
  1 47    #8.  Page 3, line 30, by striking the words "animal
  1 48 feeding" and inserting the following:  "confinement
  1 49 feeding".
  1 50    #9.  Page 3, line 39, by striking the words "animal
  2  1 feeding" and inserting the following:  "confinement
  2  2 feeding".
  2  3    #10.  Page 3, line 50, by striking the words
  2  4 "animal feeding" and inserting the following:
  2  5 "confinement feeding".
  2  6    #11.  Page 4, by inserting after line 18 the
  2  7 following:
  2  8    "#   .  Page 5, line 25, by inserting after the
  2  9 word "fund" the following:  "to pay the claim by the
  2 10 county"."
  2 11    #12.  Page 4, line 21, by striking the words
  2 12 "MANURE REMOVAL" and inserting the following:  "SITE
  2 13 CLEANUP".
  2 14    #13.  Page 4, by striking lines 25 and 26 and
  2 15 inserting the following:  "pursuant to section 446.19,
  2 16 may cleanup the site, including removing and disposing
  2 17 of manure at any time.  The county may seek
  2 18 reimbursement including by bringing an action for
  2 19 the".
  2 20    #14.  Page 4, by striking line 28 and inserting the
  2 21 following:  "abandoning the real estate.
  2 22    A person cleaning up a site located on real estate
  2 23 acquired by a county may dispose of any building or
  2 24 equipment used in the confinement feeding operation
  2 25 located on the land according to rules adopted by the
  2 26 department of natural resources pursuant to chapter
  2 27 17A, which apply to the disposal of farm buildings or
  2 28 equipment by an individual or business organization.""
  2 29    #15.  By striking page 4, line 38, through page 6,
  2 30 line 46.
  2 31    #16.  Page 7, by striking lines 3 through 5 and
  2 32 inserting the following:  "penalties, arising out of
  2 33 violations committed by animal feeding operations
  2 34 under division II,".
  2 35    #17.  Page 7, by striking lines 9 through 11 and
  2 36 inserting the following:  "the penalties arising out
  2 37 of violations committed by animal feeding operations
  2 38 under division III, which may be".
  2 39    #18.  Page 7, line 23, by inserting after the word
  2 40 "shall" the following:  "not apply to an enforcement
  2 41 action in which the department enforces a civil
  2 42 penalty of three thousand dollars or less.  This
  2 43 section shall also".
  2 44    #19.  Page 7, by striking lines 41 and 42 and
  2 45 inserting the following:  "and which is connected to
  2 46 electric, water, and sewer systems.  A".
  2 47    #20.  Page 7, by inserting before line 45 the
  2 48 following:
  2 49    "#   .  Page 8, by inserting after line 17 the
  2 50 following:
  3  1    "   .  "Covered" means organic or inorganic
  3  2 material placed upon an animal feeding operation
  3  3 structure used to store manure as provided by rules
  3  4 adopted by the department after receiving
  3  5 recommendations which shall be submitted to the
  3  6 department by the college of agriculture at Iowa state
  3  7 university.""
  3  8    #21.  Page 8, by striking lines 10 through 14 and
  3  9 inserting the following:
  3 10    ""   .  "Public use area" means that portion of
  3 11 land owned by the United States, the state, or a
  3 12 political subdivision with facilities which attract
  3 13 the public to congregate and remain in the area for
  3 14 significant periods of time, as provided by rules
  3 15 which shall be adopted by the department pursuant to
  3 16 chapter 17A.""
  3 17    #22.  Page 8, line 25, by striking the words "beef
  3 18 cattle" and inserting the following:  "bovine".
  3 19    #23.  Page 8, by striking line 26 and inserting the
  3 20 following:  "thousand pounds or less for bovine.
  3 21       .  "Swine farrow-to-finish operation" means a
  3 22 confinement feeding operation in which porcine are
  3 23 produced and in which a primary portion of the phases
  3 24 of the production cycle are conducted at one
  3 25 confinement feeding operation.  Phases of the
  3 26 production cycle include, but are not limited to,
  3 27 gestation, farrowing, growing, and finishing.""
  3 28    #24.  Page 9, by striking lines 1 through 13 and
  3 29 inserting the following:  
  3 30                        "pounds      pounds      pounds
  3 31                         for         for ani-    for
  3 32                         animals     mals other  ani-
  3 33                         other       than        mals
  3 34                         than        bovine, or  other
  3 35                         bovine,     1,600,000   than
  3 36                         or          or more     bovine,
  3 37                         less        pounds but  or
  3 38                         than        less than   4,000,000
  3 39                         1,600,000   4,000,000   or more
  3 40                         pounds      pounds      pounds
  3 41 Type of structure       for bovine  for bovine  for bovine".
  3 42    #25.  Page 10, by striking lines 5 through 17 and
  3 43 inserting the following:  
  3 44                        "pounds      pounds      pounds
  3 45                         for         for ani-    for
  3 46                         animals     mals other  ani-
  3 47                         other       than        mals
  3 48                         than        bovine, or  other
  3 49                         bovine,     1,600,000   than
  3 50                         or          or more     bovine,
  4  1                         less        pounds but  or
  4  2                         than        less than   4,000,000
  4  3                         1,600,000   4,000,000   or more
  4  4                         pounds      pounds      pounds
  4  5 Type of structure       for bovine  for bovine  for bovine".
  4  6    #26.  Page 10, by striking lines 22 through 46 and
  4  7 inserting the following:
  4  8    ""2.  a.  As used in this subsection, a "qualified
  4  9 confinement feeding operation" means a confinement
  4 10 feeding operation having an animal weight capacity of
  4 11 two million or more pounds for animals other than
  4 12 animals kept in a swine farrow-to-finish operation or
  4 13 bovine kept in a confinement feeding operation; a
  4 14 swine farrow-to-finish operation having an animal
  4 15 weight capacity of two million five hundred thousand
  4 16 or more pounds; or a confinement feeding operation
  4 17 having an animal weight capacity of four million or
  4 18 more pounds for bovine.
  4 19    b.  A qualified confinement feeding operation shall
  4 20 only use an animal feeding operation structure which
  4 21 employs bacterial action which is maintained by the
  4 22 utilization of air or oxygen, and which shall include
  4 23 aeration equipment.  The type and degree of treatment
  4 24 technology required to be installed shall be based on
  4 25 the size of the confinement feeding operation,
  4 26 according to rules adopted by the department.  The
  4 27 equipment shall be installed, operated, and maintained
  4 28 in accordance with the manufacturer's instructions and
  4 29 requirements of rules adopted pursuant to this
  4 30 subsection.
  4 31    c.  This subsection shall not apply to a
  4 32 confinement feeding operation which stores manure as
  4 33 dry matter, or to an egg washwater storage structure.
  4 34 This subsection shall not apply to a confinement
  4 35 feeding operation, if the operation was constructed
  4 36 prior to the effective date of this Act, or the
  4 37 department issued a permit prior to the effective date
  4 38 of this Act for the construction of an animal feeding
  4 39 operation structure connected to a confinement feeding
  4 40 operation and the construction began prior to the
  4 41 effective date of this Act.""
  4 42    #27.  Page 10, by inserting before line 47 the
  4 43 following:
  4 44    "#   .  Page 11, line 23, by striking the words
  4 45 "beef cattle" and inserting the following:  "bovine".
  4 46    #   .  Page 11, line 25, by striking the words
  4 47 "beef cattle" and inserting the following:  "bovine"."
  4 48    #28.  Page 11, by inserting after line 3 the
  4 49 following:
  4 50    "#   .  Page 12, line 26, by inserting after the
  5  1 word "residences" the following:  ", educational
  5  2 institutions, commercial enterprises, bona fide
  5  3 religious institutions, or public use areas,"."
  5  4    #29.  Page 11, by striking lines 14 through 28.
  5  5    #30.  Page 11, by striking lines 42 and 43.
  5  6    #31.  Page 13, by striking lines 8 through 30 and
  5  7 inserting the following:
  5  8    "#   .  Page 15, by striking lines 30 through 33
  5  9 and inserting the following:  "penalty upon a habitual
  5 10 violator which shall not exceed twenty-five thousand
  5 11 dollars for each day the violation continues.  The
  5 12 increased penalty may be assessed for each violation
  5 13 committed subsequent to the violation which results in
  5 14 classifying the person as a habitual violator.  A
  5 15 person shall be classified as a habitual violator, if
  5 16 the person has committed three or more violations"."
  5 17    #32.  Page 13, by striking lines 35 through 39 and
  5 18 inserting the following:  "violation must have been
  5 19 committed on or after January 1, 1995.  In addition,
  5 20 each violation must have been referred to the attorney
  5 21 general for legal action under this chapter, and
  5 22 each".
  5 23    #33.  Page 14, by inserting after line 13 the
  5 24 following:
  5 25    "#   .  Page 17, line 2, by striking the word "the"
  5 26 and inserting the following:  "a"."
  5 27    #34.  Page 14, by striking lines 16 through 18 and
  5 28 inserting the following:
  5 29    "#   .  Page 17, by striking lines 17 through 19
  5 30 and inserting the following:  "penalties and interest
  5 31 earned on civil penalties, arising out of a violation
  5 32 involving an animal feeding operation shall be
  5 33 deposited in the manure"."
  5 34    #35.  Page 14, line 31, by striking the words "of
  5 35 natural resources".
  5 36    #36.  Page 14, by striking lines 36 through 39 and
  5 37 inserting the following:
  5 38    ""   .  A person shall not apply manure by spray
  5 39 irrigation equipment, except as provided by rules
  5 40 which shall be adopted by the department pursuant to
  5 41 chapter 17A.""
  5 42    #37.  Page 14, line 42, by striking the figure
  5 43 "455B.202" and inserting the following:  "455B.203".
  5 44    #38.  Page 15, by striking lines 8 and 9 and
  5 45 inserting the following:  "animal agriculture
  5 46 consulting organization provided for in this Act."
  5 47    #39.  Page 15, line 21, by striking the word
  5 48 "livestock" and inserting the following:  "animal".
  5 49    #40.  Page 15, by striking lines 37 through 42.
  5 50    #41.  Page 15, by inserting after line 44 the
  6  1 following:
  6  2    "#   .  Page 20, line 22, by inserting after the
  6  3 word "operation." the following:  "The department
  6  4 shall comply with section 455B.103 in conducting an
  6  5 investigation of the premises where the animals are
  6  6 kept.""
  6  7    #42.  By striking page 15, line 48, through page
  6  8 16, line 3, and inserting the following:
  6  9    "#   .  Page 21, by striking lines 8 through 11 and
  6 10 inserting the following:  "designated area than
  6 11 provided in section 159.27.""
  6 12    #43.  Page 16, lines 10 and 11, by striking the
  6 13 words "a permittee" and inserting the following:  "an
  6 14 owner".
  6 15    #44.  Page 16, by inserting after line 23, the
  6 16 following:
  6 17    "   .  "Owner" means the owner of an animal feeding
  6 18 operation, as defined in section 455B.161, which
  6 19 utilizes an animal feeding operation structure."
  6 20    #45.  Page 16, by striking lines 28 through 30.
  6 21    #46.  Page 16, lines 31 and 32, by striking the
  6 22 words "a permittee" and inserting the following:  "an
  6 23 owner".
  6 24    #47.  Page 16, line 36, by striking the words "a
  6 25 permittee" and inserting the following:  "an owner".
  6 26    #48.  Page 17, line 28, by striking the word
  6 27 "release" and inserting the following:  "agreement".
  6 28    #49.  Page 17, line 34, by inserting after the word
  6 29 "parties" the following:  "agreeing to mediation".
  6 30    #50.  Page 18, line 7, by striking the figures and
  6 31 word "654B.2 or 654B.4" and inserting the following:
  6 32 "654C.2 or 654C.4".
  6 33    #51.  By striking page 18, line 13, through page
  6 34 20, line 1, and inserting the following:
  6 35    "#   .  By striking page 21, line 12, through page
  6 36 22, line 30, and inserting the following:
  6 37    "Sec.    .  Section 657.1, Code 1995, is amended to
  6 38 read as follows:
  6 39    657.1  NUISANCE &endash; WHAT CONSTITUTES &endash; ACTION TO
  6 40 ABATE.
  6 41    Whatever is injurious to health, indecent, or
  6 42 unreasonably offensive to the senses, or an
  6 43 obstruction to the free use of property, so as
  6 44 essentially to unreasonably interfere with the
  6 45 comfortable enjoyment of life or property, is a
  6 46 nuisance, and a civil action by ordinary proceedings
  6 47 may be brought to enjoin and abate the same and to
  6 48 recover damages sustained on account thereof.
  6 49    Sec.    .  Section 657.2, subsection 1, Code 1995,
  6 50 is amended to read as follows:
  7  1    1.  The erecting, continuing, or using any building
  7  2 or other place for the exercise of any trade,
  7  3 employment, or manufacture, which, by occasioning
  7  4 noxious exhalations, unreasonably offensive smells, or
  7  5 other annoyances, becomes injurious and dangerous to
  7  6 the health, comfort, or property of individuals or the
  7  7 public.
  7  8    Sec.    .  NEW SECTION.  657.11  ANIMAL FEEDING
  7  9 OPERATIONS.
  7 10    1.  The purpose of this section is to protect
  7 11 animal agricultural producers who manage their
  7 12 operations according to state and federal requirements
  7 13 from the costs of defending nuisance suits, which
  7 14 negatively impact upon Iowa's competitive economic
  7 15 position and discourage persons from entering into
  7 16 animal agricultural production.  This section is
  7 17 intended to promote the expansion of animal
  7 18 agriculture in this state by protecting persons
  7 19 engaged in the care and feeding of animals.  The
  7 20 general assembly has balanced all competing interests
  7 21 and declares its intent to protect and preserve animal
  7 22 agricultural production operations.
  7 23    2.  If a person has received all permits required
  7 24 pursuant to chapter 455B for an animal feeding
  7 25 operation, as defined in section 455B.161, there shall
  7 26 be a rebuttable presumption that an animal feeding
  7 27 operation is not a public or private nuisance under
  7 28 this chapter or under principles of common law, and
  7 29 that the animal feeding operation does not
  7 30 unreasonably interfere with another person's
  7 31 comfortable use and enjoyment of the person's life or
  7 32 property under any other cause of action.  The
  7 33 rebuttable presumption also applies to persons who are
  7 34 not required to obtain a permit pursuant to chapter
  7 35 455B for an animal feeding operation as defined in
  7 36 section 455B.161.  The rebuttable presumption shall
  7 37 not apply if the injury to a person or damage to
  7 38 property is proximately caused by a failure to comply
  7 39 with a federal statute or regulation or a state
  7 40 statute or rule which applies to the animal feeding
  7 41 operation.
  7 42    3.  The rebuttable presumption may be overcome by
  7 43 clear and convincing evidence of both of the
  7 44 following:
  7 45    a.  The animal feeding operation unreasonably and
  7 46 continuously interferes with an adjoining landowner's
  7 47 comfortable use and enjoyment of the landowner's life
  7 48 or property.
  7 49    b.  The injury or damage is proximately caused by
  7 50 the negligent operation of the animal feeding
  8  1 operation.
  8  2    For purposes of this section, "continuously" means
  8  3 more than a majority of the time.
  8  4    4.  The rebuttable presumption created by this
  8  5 section shall apply regardless of the established date
  8  6 of operation or expansion of the animal feeding
  8  7 operation.  The rebuttable presumption includes, but
  8  8 is not limited to, a defense for actions arising out
  8  9 of the care and feeding of animals; the handling or
  8 10 transportation of animals; the treatment or disposal
  8 11 of manure resulting from animals; the transportation
  8 12 and application of animal manure; and the creation of
  8 13 noise, odor, dust, or fumes arising from an animal
  8 14 feeding operation.
  8 15    5.  An animal feeding operation that complies with
  8 16 the requirements in chapter 455B for animal feeding
  8 17 operations shall be deemed to meet any common law
  8 18 requirements regarding the standard of a normal person
  8 19 living in the locality of the operation.
  8 20    6.  A person who brings a losing cause of action
  8 21 against a person for whom the rebuttable presumption
  8 22 created under this section is not rebutted, shall be
  8 23 liable to the person against whom the action was
  8 24 brought for all costs and expenses incurred in the
  8 25 defense of the action, if the court determines that a
  8 26 claim is frivolous.
  8 27    7.  The rebuttable presumption created in this
  8 28 section does not apply to an injury to a person or
  8 29 damages to property caused by the animal feeding
  8 30 operation before the effective date of this Act.""
  8 31    #52.  Page 20, by striking lines 2 through 4.
  8 32    #53.  Page 20, by inserting before line 5 the
  8 33 following:
  8 34    "#   .  Page 22, line 31, by striking the words
  8 35 "CONSULTATION WITH INTERESTED ORGANIZATIONS." and
  8 36 inserting the following:  "ANIMAL AGRICULTURE
  8 37 CONSULTING ORGANIZATION."
  8 38    #   .  Page 22, line 35, by inserting after the
  8 39 word "association," the following:  "an organization
  8 40 representing agricultural producers generally,".
  8 41    #   .  Page 22, line 35, by inserting after the
  8 42 word "university," the following:  "the soil
  8 43 conservation division of the department of agriculture
  8 44 and land stewardship,".
  8 45    #   .  Page 23, by striking lines 4 through 8 and
  8 46 inserting the following:  "Act, and the Act's
  8 47 implementation.  The department shall consult with"."
  8 48    #54.  By renumbering as necessary.  
  8 49 
  8 50 
  9  1                              
  9  2 EDDIE of Buena Vista
  9  3 HF 519.541 76
  9  4 da/jw
     

Text: H04144                            Text: H04146
Text: H04100 - H04199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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