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PAG LIN 1 1 Section 1. NEW SECTION. 204.1 DEFINITIONS. 1 2 1. "Animal unit" means a unit of measurement used to 1 3 determine the animal capacity of an animal feeding operation, 1 4 based upon the product of multiplying the number of animals of 1 5 each species by the following: 1 6 a. Slaughter and feeder cattle 1.0 1 7 b. Mature dairy cattle 1.4 1 8 c. Butcher and breeding swine, over fifty-five pounds 0.4 1 9 d. Sheep or lambs 0.1 1 10 e. Horses 2.0 1 11 f. Turkeys 0.018 1 12 g. Broiler or layer chickens 0.01 1 13 2. "Annual fee" means the fee provided in section 204.3. 1 14 3. "Confinement feeding operation" means a confinement 1 15 feeding operation as defined in section 455B.160. 1 16 4. "Construction fee" means the fee provided in section 1 17 204.3. 1 18 5. "Department" means the department of agriculture and 1 19 land stewardship. 1 20 6. "Fund" means the manure storage indemnity fund created 1 21 in section 204.2. 1 22 7. "Manure" means animal excreta or other commonly 1 23 associated wastes of animals, including but not limited to 1 24 bedding, litter, or feed losses. 1 25 8. "Manure storage structure" means a structure used to 1 26 store manure as part of a confinement feeding operation 1 27 required to be constructed pursuant to a permit issued by the 1 28 department of natural resources pursuant to section 455B.173. 1 29 9. "Permittee" means a person required to obtain a permit 1 30 for the construction of a confinement feeding operation, if a 1 31 manure storage structure is connected to the confinement 1 32 feeding operation. 1 33 Sec. 2. NEW SECTION. 204.2 MANURE STORAGE INDEMNITY 1 34 FUND. 1 35 1. A manure storage indemnity fund is created as a 2 1 separate fund in the state treasury under the control of the 2 2 department. The general fund of the state is not liable for 2 3 claims presented against the fund. 2 4 2. The fund consists of moneys from construction fees and 2 5 annual fees remitted by manure storage permittees as provided 2 6 in section 204.3; delinquency penalties; sums collected on 2 7 behalf of the fund by the department through legal action or 2 8 settlement; moneys required to be repaid to the department by 2 9 a political subdivision pursuant to this chapter; civil 2 10 penalties assessed and collected by the department of natural 2 11 resources pursuant to section 455B.191, against persons 2 12 required to obtain a permit for the construction of a 2 13 confinement feeding operation; moneys paid as a settlement 2 14 involving an enforcement action for a civil penalty subject to 2 15 assessment and collection by the department of natural 2 16 resources pursuant to section 455B.191; interest, property, 2 17 and securities acquired through the use of moneys in the fund; 2 18 or moneys contributed to the fund from other sources. 2 19 3. The moneys collected under this section and deposited 2 20 in the fund shall be used exclusively to indemnify a political 2 21 subdivision for expenses related to removing and disposing of 2 22 manure from a manure storage structure, and to pay the 2 23 administrative costs of this chapter. The moneys in the fund 2 24 are appropriated to and for this purpose. Moneys in the fund 2 25 shall not be subject to appropriation for any other purpose. 2 26 4. The treasurer of state shall act as custodian of the 2 27 fund and disburse amounts contained in the fund as directed by 2 28 the department. The treasurer of state is authorized to 2 29 invest the moneys deposited in the fund. The income from such 2 30 investment shall be credited to and deposited in the fund. 2 31 Notwithstanding section 8.33, moneys in the fund are not 2 32 subject to reversion to the general fund of the state. The 2 33 fund shall be administered by the department which shall make 2 34 expenditures from the fund consistent with the purposes set 2 35 out in this chapter. The moneys in the fund shall be 3 1 disbursed upon warrants drawn by the director of revenue and 3 2 finance pursuant to the order of the department. The fiscal 3 3 year of the fund begins July 1. The finances of the fund 3 4 shall be calculated on an accrual basis in accordance with 3 5 generally accepted accounting principles. The auditor of 3 6 state shall regularly perform audits of the fund. 3 7 Sec. 3. NEW SECTION. 204.3 FEES. 3 8 1. The department of natural resources shall deposit into 3 9 the fund fees collected for the issuance of permits for the 3 10 construction of confinement feeding operations as provided in 3 11 section 455B.173. 3 12 2. a. A permittee shall pay an annual fee to the 3 13 department of agriculture and land stewardship which shall be 3 14 remitted to the department as provided in rules adopted by the 3 15 department. The department shall establish four payment dates 3 16 each year beginning July 1 and which shall be three months 3 17 apart. A permittee who has been issued a construction permit 3 18 for a confinement feeding operation prior to the effective 3 19 date of this Act shall pay the annual fee on a payment date 3 20 specified by the department, but not earlier than the second 3 21 payment date following the effective date of this Act. A 3 22 permittee who has received a construction permit on or after 3 23 the effective date of this Act shall make the full annual 3 24 payment on the second payment date after the construction 3 25 permit is issued by the department. A permittee shall pay the 3 26 annual fee to the department on each anniversary of the 3 27 payment date. The department shall provide notice in writing 3 28 to a permittee within one month prior to the permittee's 3 29 payment date. 3 30 b. The annual fee shall equal five cents per animal unit 3 31 of capacity for confinement feeding operations housing poultry 3 32 and twelve and one-half cents per animal unit of capacity for 3 33 confinement feeding operations housing other species of 3 34 animals. The fee shall not be paid, if the confinement 3 35 feeding operation does not house any animals or store manure 4 1 for three consecutive months prior to the permittee's payment 4 2 date. If the animal feeding operation again houses animals or 4 3 stores manure, the permittee shall pay the department by the 4 4 next payment date and subsequently on each anniversary of that 4 5 payment date. The permittee shall notify the department if a 4 6 fee is not owing within one month prior to the permittee's 4 7 payment date. 4 8 c. A permittee is delinquent if the permittee fails to 4 9 submit the full fee when due, or if upon examination, an 4 10 underpayment of the fee is found by the department. The 4 11 permittee is subject to a penalty of ten dollars or an amount 4 12 equal to the amount of the deficiency for each day the 4 13 permittee is delinquent, whichever is less. 4 14 3. If, on March 1, the moneys of the fund, less the 4 15 department's estimate of the costs to the fund for pending or 4 16 unsettled claims, exceed five hundred thousand dollars, the 4 17 annual fee payable pursuant to subsection 2 shall be waived. 4 18 The department may reinstate the annual fee if the moneys in 4 19 the fund, less the department's estimate of costs to the fund 4 20 for pending or unsettled claims, are less than five hundred 4 21 thousand dollars. The department shall reinstate the annual 4 22 fee if moneys in the fund, less the department's estimate of 4 23 the costs to the fund for pending or unsettled claims, are 4 24 less than four hundred fifty thousand dollars. A permittee 4 25 who does not make payment on or after July 1 of each fiscal 4 26 year shall pay the fee on the next payment date, but not 4 27 before one month prior to the next payment date. However, a 4 28 delayed payment shall not change a permittee's payment date 4 29 anniversary. 4 30 4. The department of natural resources shall provide the 4 31 department of agriculture and land stewardship the most 4 32 current available information regarding the names and 4 33 addresses of permittees, including the capacity of the 4 34 confinement feeding operations subject to the permit. The 4 35 information shall be delivered every three months according to 5 1 procedures established by the department. 5 2 Sec. 4. NEW SECTION. 204.4 COLLECTION. 5 3 The department, in cooperation with the attorney general, 5 4 may bring an action in court in order to collect fees required 5 5 to be paid as provided in section 204.3. 5 6 Sec. 5. NEW SECTION. 204.5 CLAIMS AGAINST THE FUND. 5 7 1. A county that has acquired real estate containing a 5 8 manure storage structure following nonpayment of taxes 5 9 pursuant to section 446.19, may make a claim against the fund 5 10 to pay the costs of removing and disposing of the manure 5 11 located in a manure storage structure on the real estate. 5 12 Each claim shall include a bid by a qualified person, other 5 13 than a governmental entity, to remove and dispose of the 5 14 manure for a fixed amount specified in the bid. 5 15 2. The department shall determine if a claim is eligible 5 16 to be satisfied under this section, and do one of the 5 17 following: 5 18 a. Pay the fixed amount specified in the bid submitted by 5 19 the county upon completion of the work. 5 20 b. Obtain a lower fixed amount bid for the work from 5 21 another qualified person, other than a governmental entity, 5 22 and pay the fixed amount in this bid upon completion of the 5 23 work. The department is not required to comply with section 5 24 18.6 in implementing this section. 5 25 3. Upon a determination that the claim is eligible for 5 26 payment, the department shall provide for payment of fifty 5 27 percent of the claim, as provided in this section, but not 5 28 more than one hundred fifty thousand dollars per claimant. If 5 29 at any time the department determines that there are 5 30 insufficient moneys to make payment of all claims, the 5 31 department shall pay claims according to the date that the 5 32 claims are received by the department. To the extent that a 5 33 claim cannot be fully satisfied, the department shall order 5 34 that the unpaid portion of the payment be deferred until the 5 35 claim can be satisfied. However, the department shall not 6 1 satisfy claims from moneys dedicated for the administration of 6 2 the fund. 6 3 4. In the event of payment of a claim under this section, 6 4 the fund is subrogated to the extent of the amount of the 6 5 payment to all rights, powers, privileges, and remedies of the 6 6 political subdivision regarding the payment amount. The 6 7 political subdivision shall render all necessary assistance to 6 8 the department in securing the rights granted in this section. 6 9 A case or proceeding initiated by a political subdivision 6 10 which involves a claim submitted to the department shall not 6 11 be compromised or settled without the consent of the 6 12 department. A political subdivision shall not be eligible to 6 13 submit a claim to the department if the political subdivision 6 14 has compromised or settled a case or proceeding, without the 6 15 consent of the department. 6 16 5. If upon disposition of the real estate the county 6 17 realizes an amount which exceeds the total amount of the 6 18 delinquent real estate taxes, the county shall forward to the 6 19 fund any excess amount which is not more than the amount 6 20 expended by the fund. 6 21 6. The department of agriculture and land stewardship 6 22 shall adopt administrative rules pursuant to chapter 17A to 6 23 administer this section. 6 24 Sec. 6. NEW SECTION. 204.6 NO STATE OBLIGATION. 6 25 This chapter does not imply any guarantee or obligation on 6 26 the part of this state, or any of its agencies, employees, or 6 27 officials, either elective or appointive, with respect to any 6 28 agreement or undertaking to which this chapter relates. 6 29 Sec. 7. NEW SECTION. 455A.7A ORGANIC NUTRIENT MANAGEMENT 6 30 ADVISORY COUNCIL. 6 31 1. An organic nutrient management advisory council is 6 32 established. Sections 69.16 and 69.16A apply to the 6 33 composition of the council. Voting members shall be entitled 6 34 to receive per diem at a rate provided in section 7E.6 and 6 35 actual expenses. The council shall consist of the following: 7 1 a. Seven persons appointed as voting members by the 7 2 governor, after consultation with the secretary of 7 3 agriculture, and subject to confirmation by the senate, as 7 4 provided in section 2.32. The persons shall include all of 7 5 the following: 7 6 (1) Four persons actively engaged in agricultural 7 7 production. Each person must be a member of a commodity 7 8 organization or association which represents agricultural 7 9 producers in this state. 7 10 (2) One person actively engaged in agricultural production 7 11 who is a member of an organization or association which 7 12 represents agricultural producers generally. 7 13 (3) One person who is interested in environmental quality 7 14 issues. The person must be a member of an association or 7 15 organization interested in the protection or preservation of 7 16 the natural environment. 7 17 (4) One person who is involved in agribusiness and who is 7 18 a member of an organization or association which represents 7 19 agribusiness generally. 7 20 b. Four members of the general assembly serving as voting 7 21 members who are two state senators, one appointed by the 7 22 president of the senate, after consultation with the majority 7 23 leader of the senate, and one appointed by the minority leader 7 24 of the senate, after consultation with the president of the 7 25 senate, from their respective parties; and two state 7 26 representatives appointed by the speaker, one from the 7 27 majority party after consultation with the majority leader of 7 28 the house and one from the minority party after consultation 7 29 with the minority leader of the house. 7 30 c. A designee of the state office of the natural resources 7 31 conservation service of the United States department of 7 32 agriculture, serving as a nonvoting ex officio member by the 7 33 head of the state office, upon request by the governor. If a 7 34 person is not so designated, the director of the soil 7 35 conservation division of the department of agriculture and 8 1 land stewardship or a designee shall serve in lieu thereof as 8 2 a nonvoting ex officio member. 8 3 d. The director of the department of natural resources or 8 4 the director's designee and the dean of the college of 8 5 agriculture at Iowa state university or the dean's designee, 8 6 who shall serve as nonvoting ex officio members. 8 7 2. The department shall furnish the council with a meeting 8 8 place, staff, and all articles, supplies, and services 8 9 necessary to enable the council to perform its duties. 8 10 3. The members appointed by the governor shall serve 8 11 three-year staggered terms beginning and ending as provided in 8 12 section 69.19. A member appointed by the governor is eligible 8 13 for reappointment. However, a member shall not serve for more 8 14 than two full consecutive terms. A vacancy on the council 8 15 shall be filled for the unexpired portion of the regular term 8 16 in the same manner as regular appointments are made. The 8 17 council shall elect a chairperson each year and meet at least 8 18 once every three months, and at the call of the chairperson or 8 19 upon the written request to the chairperson of three or more 8 20 voting members. Written notice of the time and place of each 8 21 meeting shall be given to each member. Six voting members 8 22 constitute a quorum and the affirmative vote of a majority of 8 23 the voting members present is necessary for any substantive 8 24 action to be taken by the council, except that a lesser number 8 25 may adjourn a meeting. The majority shall not include any 8 26 member who has a conflict of interest and a statement by a 8 27 member that the member has a conflict of interest is 8 28 conclusive for this purpose. A vacancy in the membership does 8 29 not impair the duties of the council. 8 30 4. The council shall do all of the following: 8 31 a. Advise the department and the environmental protection 8 32 commission regarding animal feeding operations. 8 33 b. Study the effects of animal feeding operations and 8 34 recommend to the department and environmental protection 8 35 commission solutions and policy or regulatory alternatives 9 1 relating to animal feeding operations, including 9 2 recommendations for rulemaking by the department pursuant to 9 3 chapter 17A or recommendations to the general assembly. 9 4 c. Provide advice and recommendations to the department 9 5 regarding all of the following: 9 6 (1) The need to require the installation and operation of 9 7 a hydrological monitoring system for an exclusively earthen 9 8 manure storage structure, as provided in section 455B.173. 9 9 (2) Manure application practices as provided in section 9 10 455B.201. 9 11 (3) The certification of manure plan managers as provided 9 12 in section 455B.201. 9 13 (4) The formulation of standards required for manure 9 14 management plans, as provided in section 455B.202, including 9 15 but not limited to manure sludge management. 9 16 d. Provide other information or perform other duties which 9 17 may be of assistance to animal feeding operations. 9 18 Sec. 8. NEW SECTION. 455B.110 ANIMAL FEEDING OPERATIONS 9 19 &endash; COMMISSION APPROVAL OF ENFORCEMENT ACTIONS. 9 20 The department shall not initiate an enforcement action in 9 21 response to a violation by an animal feeding operation as 9 22 defined in section 455B.161 as provided in this chapter or in 9 23 a rule adopted by this chapter, or request the commencement of 9 24 legal action by the attorney general pursuant to section 9 25 455B.141, unless the commission has approved the intended 9 26 action. This section shall not apply to an order to terminate 9 27 an emergency issued by the director pursuant to section 9 28 455B.175. 9 29 Sec. 9. Section 455B.134, subsection 3, paragraph f, 9 30 subparagraph (1), unnumbered paragraph 2, Code 1995, is 9 31 amended to read as follows: 9 32 Anaerobic lagoons, constructed or expanded on or after June 9 33 20, 1979, but prior to the effective date of this Act, or 9 34 earthen waste slurry storage basins, constructed or expanded 9 35 on or after July 1, 1990, but prior to the effective date of 10 1 this Act, which are used in connection with animal feeding 10 2 operations containing less than six hundred twenty-five 10 3 thousand pounds live animal weight capacity of animal species 10 4 other than beef cattle or containing less than one million six 10 5 hundred thousand pounds live animal weight capacity of beef 10 6 cattle, shall be located at least one thousand two hundred 10 7 fifty feet from a residence not owned by the owner of the 10 8 feeding operation or from a public use area other than a 10 9 public road. Anaerobic lagoons or earthen waste slurry 10 10 storage basins, which are used in connection with animal 10 11 feeding operations containing six hundred twenty-five thousand 10 12 pounds or more live animal weight capacity of animal species 10 13 other than beef cattle or containing one million six hundred 10 14 thousand pounds or more live animal weight capacity of beef 10 15 cattle, shall be located at least one thousand eight hundred 10 16 seventy-five feet from a residence not owned by the owner of 10 17 the feeding operation or from a public use area other than a 10 18 public road. For the purpose of this paragraph the 10 19 determination of live animal weight capacity shall be based on 10 20 the average animal weight capacity during a production cycle 10 21 and the maximum animal capacity of the animal feeding 10 22 operation.These separation distances apply to the10 23construction of new facilities and the expansion of existing10 24facilities.10 25 SITING REQUIREMENTS &endash; NEW PART 10 26 Sec. 10. NEW SECTION. 455B.161 DEFINITIONS. 10 27 As used in this part, unless the context otherwise 10 28 requires: 10 29 1. "Anaerobic lagoon" means an impoundment used in 10 30 conjunction with an animal feeding operation, if the primary 10 31 function of the impoundment is to store and stabilize organic 10 32 wastes, the impoundment is designed to receive wastes on a 10 33 regular basis, and the impoundment's design waste loading 10 34 rates provide that the predominant biological activity is 10 35 anaerobic. An anaerobic lagoon does not include any of the 11 1 following: 11 2 a. A confinement feeding operation structure. 11 3 b. A runoff control basin which collects and stores only 11 4 precipitation induced runoff from an animal feeding operation 11 5 in which animals are confined to areas which are unroofed or 11 6 partially roofed and in which no crop, vegetation, or forage 11 7 growth or residue cover is maintained during the period in 11 8 which animals are confined in the operation. 11 9 c. An anaerobic treatment system which includes collection 11 10 and treatment facilities for all off gases. 11 11 2. "Animal" means an animal belonging to the bovine, 11 12 porcine, ovine, caprine, equine, or avian species. 11 13 3. "Animal feeding operation" means a lot, yard, corral, 11 14 building, or other area in which animals are confined and fed 11 15 and maintained for forty-five days or more in any twelve-month 11 16 period, and all structures used for the storage of manure from 11 17 animals in the animal feeding operation. Two or more animal 11 18 feeding operations under common ownership or management are 11 19 deemed to be a single animal feeding operation if they are 11 20 adjacent or utilize a common system for manure storage. 11 21 4. "Animal feeding operation structure" means an anaerobic 11 22 lagoon or confinement feeding operation structure. 11 23 5. "Animal weight capacity" means the product of 11 24 multiplying the maximum number of animals which the owner or 11 25 operator confines in an animal feeding operation at any one 11 26 time by the average weight during a production cycle. 11 27 6. "Confinement building" means a building used in 11 28 conjunction with a confinement feeding operation to house 11 29 animals. 11 30 7. "Confinement feeding operation" means an animal feeding 11 31 operation in which animals are confined to areas which are 11 32 totally roofed. 11 33 8. "Confinement feeding operation structure" means a 11 34 formed manure storage structure, egg washwater storage 11 35 structure, earthen manure storage basin, or confinement 12 1 building. A confinement feeding operation structure does not 12 2 include an anaerobic lagoon. 12 3 9. "Earthen manure storage basin" means an earthen cavity, 12 4 either covered or uncovered, which, on a regular basis, 12 5 receives waste discharges from a confinement feeding operation 12 6 if accumulated wastes from the basin are completely removed at 12 7 least twice each year. 12 8 10. "Egg washwater storage structure" means an aerobic or 12 9 anaerobic structure used to store the wastewater from an egg 12 10 processing operation. 12 11 11. "Formed manure storage structure" means a structure, 12 12 either covered or uncovered, used to store manure, which has 12 13 walls and a floor constructed of concrete, concrete block, 12 14 wood, steel, or similar materials. 12 15 12. "Manure" means animal excreta or other commonly 12 16 associated wastes of animals, including, but not limited to, 12 17 bedding, litter, or feed losses. 12 18 13. "Public use area" means an area within a park in which 12 19 the state or a political subdivision holds an interest, if 12 20 facilities are located in the area which attract the public to 12 21 congregate and remain in the area for significant periods of 12 22 time. Such areas include, but are not limited to, picnic 12 23 grounds, campgrounds, lodges, shelter houses, and swimming 12 24 beaches. 12 25 Sec. 11. NEW SECTION. 455B.162 ANIMAL FEEDING OPERATIONS 12 26 &endash; NEW CONSTRUCTION AND EXPANSION. 12 27 The following shall apply to animal feeding operation 12 28 structures constructed on or after the effective date of this 12 29 Act or to the expansion of structures constructed on or after 12 30 the effective date of this Act: 12 31 1. The following table represents the minimum separation 12 32 distance in feet required between animal feeding operation 12 33 structures and residences not owned by owners of the animal 12 34 feeding operation: 12 35 Minimum separation 13 1 distance in feet Minimum separation 13 2 for operations distance in feet 13 3 having an animal for operations 13 4 weight capacity having an animal 13 5 of less than weight capacity of 13 6 625,000 pounds 625,000 or more 13 7 for animals other pounds for animals 13 8 than beef cattle, other than beef 13 9 or less than cattle, or 1,600,000 13 10 1,600,000 pounds or more pounds for 13 11 Type of structure for beef cattle beef cattle 13 12 Anaerobic lagoon 1,250 1,875 13 13 Uncovered earthen manure 13 14 storage basin 1,250 1,875 13 15 Uncovered formed manure 13 16 storage structure 1,000 1,500 13 17 Covered earthen manure 13 18 storage basin 750 1,000 13 19 Covered formed manure 13 20 storage structure 750 1,000 13 21 Confinement building 750 1,000 13 22 Egg washwater storage 13 23 structure 750 1,000 13 24 2. The following table represents the minimum separation 13 25 distance in feet required between animal feeding operation 13 26 structures and a public use area or the corporate limits of a 13 27 city: 13 28 Minimum separation 13 29 distance in feet Minimum separation 13 30 for operations distance in feet 13 31 having an animal for operations 13 32 weight capacity having an animal 13 33 of less than weight capacity of 13 34 625,000 pounds 625,000 or more 13 35 for animals other pounds for animals 14 1 than beef cattle, other than beef 14 2 or less than cattle, or 1,600,000 14 3 1,600,000 pounds or more pounds for 14 4 Type of structure for beef cattle beef cattle 14 5 Animal feeding 14 6 operation structure 1,250 1,875 14 7 Sec. 12. NEW SECTION. 455B.163 DISTANCE SEPARATION 14 8 REQUIREMENTS FOR ANIMAL FEEDING OPERATIONS &endash; EXPANSION OF 14 9 STRUCTURES CONSTRUCTED PRIOR TO THE EFFECTIVE DATE OF THIS 14 10 ACT. 14 11 An animal feeding operation, utilizing an animal feeding 14 12 operation structure which is constructed before the effective 14 13 date of this Act, may be expanded on or after the effective 14 14 date of this Act, notwithstanding section 455B.162, if all of 14 15 the following apply: 14 16 1. No portion of the expanded animal feeding operation 14 17 structure is closer to a location or object than permitted 14 18 under the distance separation requirements of section 14 19 455B.162. 14 20 2. The animal weight capacity of the animal feeding 14 21 operation as expanded is not more than the lesser of the 14 22 following: 14 23 a. Double its capacity on the effective date of this Act. 14 24 b. Either of the following: 14 25 (1) Six hundred twenty-five thousand pounds animal weight 14 26 capacity for animals other than beef cattle. 14 27 (2) One million six hundred thousand pounds animal weight 14 28 capacity for beef cattle. 14 29 Sec. 13. NEW SECTION. 455B.165 DISTANCE MEASUREMENTS. 14 30 All distances between locations or objects provided in this 14 31 part shall be measured from their closest points. The closest 14 32 point of an anaerobic lagoon, earthen manure storage basin, or 14 33 egg washwater storage structure shall be determined from the 14 34 highest point of the associated berm closest to the location 14 35 or object subject to the distance separation requirements. 15 1 Sec. 14. NEW SECTION. 455B.166 DISTANCE SEPARATION 15 2 REQUIREMENTS &endash; EXEMPTIONS. 15 3 A separation distance requirement provided in this part 15 4 shall not apply to the following: 15 5 1. A confinement feeding operation structure, other than 15 6 an earthen manure storage basin, if the confinement feeding 15 7 operation has an animal capacity of four hundred or fewer 15 8 animal units as defined in section 204.1. 15 9 2. An animal feeding operation structure which is 15 10 constructed or expanded, if the titleholder of the land 15 11 benefiting from the distance separation requirement executes a 15 12 written waiver with the titleholder of the land where the 15 13 structure is located, under such terms and conditions that the 15 14 parties negotiate. The written waiver becomes effective only 15 15 upon the recording of the waiver in the office of the recorder 15 16 of deeds of the county in which the benefited land is located. 15 17 The filed waiver shall preclude enforcement by the state of 15 18 this part as it relates to the confinement feeding operation 15 19 structure. 15 20 3. An animal feeding operation which is constructed or 15 21 expanded within the corporate limits of a city, or the area 15 22 within a separation distance required pursuant to this part, 15 23 if the city approves a waiver which shall be memorialized in 15 24 writing. The written waiver becomes effective only upon 15 25 recording the waiver in the office of the recorder of deeds of 15 26 the county in which the benefited land is located. The filed 15 27 waiver shall preclude enforcement by the state of this part as 15 28 it relates to the confinement feeding operation structure. 15 29 However, this subsection shall not affect a separation 15 30 distance required between residences as provided in this part. 15 31 4. An animal feeding operation structure which is located 15 32 within any distance from a residence, city, or public use 15 33 area, if the residence was constructed or expanded, or the 15 34 boundaries of the city or public use area were expanded, after 15 35 the date that the animal feeding operation structure was 16 1 constructed or expanded. 16 2 Sec. 15. Section 455B.171, Code 1995, is amended by adding 16 3 the following new subsections: 16 4 NEW SUBSECTION. 1A. "Animal feeding operation" means a 16 5 lot, yard, corral, building, or other area in which animals 16 6 are confined and fed and maintained for forty-five days or 16 7 more in any twelve-month period, and all structures used for 16 8 storage of manure from animals in the animal feeding 16 9 operation. Two or more animal feeding operations under common 16 10 ownership or management are deemed to be a single animal 16 11 feeding operation if they are adjacent or utilize a common 16 12 area or system for manure disposal. 16 13 NEW SUBSECTION. 1B. "Confinement feeding operation" means 16 14 the same as defined in section 455B.161. 16 15 NEW SUBSECTION. 7A. "Manure" means the same as defined in 16 16 section 455B.161. 16 17 NEW SUBSECTION. 7B. "Manure sludge" means the solid or 16 18 semisolid residue produced during the treatment of manure in 16 19 an anaerobic lagoon. 16 20 Sec. 16. Section 455B.173, subsection 3, unnumbered 16 21 paragraph 1, Code 1995, is amended to read as follows: 16 22 Establish, modify, or repeal rules relating to the 16 23 location, construction, operation, and maintenance of disposal 16 24 systems and public water supply systems and specifying the 16 25 conditions, including the viability of a system pursuant to 16 26 section 455B.174, under which the director shall issue, 16 27 revoke, suspend, modify, or deny permits for the operation, 16 28 installation, construction, addition to, or modification of 16 29 any disposal system or public water supply system, or for the 16 30 discharge of any pollutantor for the disposal of water wastes16 31resulting from poultry and livestock operations. The rules 16 32 specifying the conditions under which the director shall issue 16 33 permits for the construction of an electric power generating 16 34 facility subject to chapter 476A shall provide for issuing a 16 35 conditional permit upon the submission of engineering 17 1 descriptions, flow diagrams and schematics that qualitatively 17 2 and quantitatively identify effluent streams and alternative 17 3 disposal systems that will provide compliance with effluent 17 4 standards or limitations. 17 5 Sec. 17. Section 455B.173, Code 1995, is amended by adding 17 6 the following new subsection: 17 7 NEW SUBSECTION. 12. Adopt, modify, or repeal rules 17 8 relating to the construction or operation of animal feeding 17 9 operations. The rules shall include, but are not limited to, 17 10 minimum manure control requirements, requirements for 17 11 obtaining permits, and departmental evaluations of animal 17 12 feeding operations. The department shall collect fees for the 17 13 issuance of permits. The fees paid for the issuance of 17 14 construction permits shall be deposited in the manure storage 17 15 indemnity fund created in section 204.2. The department shall 17 16 issue a permit for the construction of an animal feeding 17 17 operation, if an application is submitted according to 17 18 procedures required by the department, and the application 17 19 meets standards established by the department, regardless of 17 20 whether the animal feeding operation is required to obtain 17 21 such a permit. Prior to granting a permit to a person for the 17 22 construction of an animal feeding operation, the department 17 23 may require the installation and operation of a hydrological 17 24 monitoring system for an exclusively earthen manure storage 17 25 structure, if, after an on-site inspection, the department 17 26 determines that the site presents an extraordinary potential 17 27 for groundwater pollution. The department shall consider 17 28 recommendations by the organic nutrient management advisory 17 29 council regarding the need to require the installation and 17 30 operation of a hydrological monitoring system. A person shall 17 31 not obtain a permit for the construction of a confinement 17 32 feeding operation, unless the person develops a manure 17 33 management plan as provided in section 455B.202. The 17 34 department shall not issue a permit to a person under this 17 35 subsection if the department has begun an enforcement action 18 1 which is not resolved, relating to an alleged violation of 18 2 this chapter concerning a confinement feeding operation in 18 3 which the person has an interest. 18 4 Sec. 18. Section 455B.191, Code 1995, is amended by adding 18 5 the following new subsections: 18 6 NEW SUBSECTION. 7. The department may impose an 18 7 additional civil penalty on a person required to obtain a 18 8 permit for the construction of a confinement feeding 18 9 operation, if the person has committed more than one violation 18 10 of this chapter or a rule adopted by the department pursuant 18 11 to this chapter relating to the confinement feeding operation. 18 12 The total amount of the additional civil penalty shall not 18 13 exceed five thousand dollars for each occurrence that a 18 14 penalty is assessed. 18 15 NEW SUBSECTION. 8. Moneys assessed and collected in civil 18 16 penalties imposed pursuant to this section on a person 18 17 required to obtain a permit for the construction of a 18 18 confinement feeding operation shall be deposited in the manure 18 19 storage indemnity fund as created in section 204.2. 18 20 CONFINEMENT FEEDING OPERATIONS 18 21 Sec. 19. NEW SECTION. 455B.201 MINIMUM MANURE CONTROL. 18 22 1. A confinement feeding operation shall retain all manure 18 23 produced by the operation between periods of manure disposal. 18 24 A confinement feeding operation shall not discharge manure 18 25 directly into water of the state or into a tile line that 18 26 discharges directly into water of the state. 18 27 2. Manure from an animal feeding operation shall be dis- 18 28 posed of in a manner which will not cause surface or 18 29 groundwater pollution. Disposal in accordance with rules or 18 30 guidelines adopted pursuant to this chapter shall be deemed as 18 31 compliance with this requirement. storage indemnity fund as 18 32 created in section 204.2. 18 33 Sec. 20. NEW SECTION. 455B.202 MANURE MANAGEMENT PLAN 18 34 CERTIFICATION &endash; TRAINING PROGRAM. 18 35 1. The department shall establish and administer a program 19 1 to certify persons as manure plan managers. A manure plan 19 2 manager shall be trained to carry out the terms and conditions 19 3 of a manure management plan as provided in section 455B.204. 19 4 2. In order to be certified, a person must complete not 19 5 less than four hours of training in the administration of the 19 6 terms and conditions of the manure management plans. 19 7 3. A certification shall expire five years following the 19 8 date that the person was last certified. In order to be 19 9 recertified, the person must complete four additional hours of 19 10 training as provided in this section. 19 11 4. Iowa state university shall develop and administer the 19 12 training program in cooperation with qualified persons 19 13 approved by the department. The training shall be conducted 19 14 by Iowa state university or a qualified person approved by the 19 15 department. To every extent possible, training courses shall 19 16 be offered in each county. The state is not required to 19 17 compensate persons selected to provide training. A 19 18 certification fee of ten dollars shall be paid to the 19 19 department. The department shall collect and use the fees for 19 20 purposes of supporting the training of manure plan managers. 19 21 Notwithstanding section 8.33, on August 31 following the close 19 22 of each fiscal year, all unencumbered or unobligated moneys 19 23 from fees shall be deposited in the organic nutrient 19 24 management fund as created in section 161C.5. 19 25 Sec. 21. NEW SECTION. 455B.203 MANURE MANAGEMENT 19 26 PRACTICES. 19 27 The department shall adopt rules for manure management 19 28 practices by persons required to obtain a permit for the 19 29 construction of a confinement feeding operation which shall 19 30 include the following: 19 31 1. Requirements for the submission and approval of a 19 32 manure management plan as provided in section 455B.204. 19 33 2. Manure application practices, including manure 19 34 application rates on land based on the production of 19 35 designated crops and according to crop schedules. The 20 1 application rates shall be based on nitrogen use levels of 20 2 designated crops, if the land where the manure is applied does 20 3 not exceed soil loss limits. The department shall establish 20 4 manure application rates based on phosphorus use levels of 20 5 designated crops, and phosporus levels in the soil if the land 20 6 where the manure is applied exceeds soil loss limits. 20 7 3. The testing and management of manure sludge contained 20 8 in an anaerobic lagoon. 20 9 4. The application of manure sludge to land based on the 20 10 phosphorus content of the sludge, the phosphorus needs of the 20 11 crops, and the phosphorus levels in the soil. 20 12 5. The department shall consider adopting requirements 20 13 which distinguish between practices based on different types 20 14 of manures. 20 15 6. The department shall adopt rules based on 20 16 recommendations submitted by Iowa state university and the 20 17 division of soil conservation of the department of agriculture 20 18 and land stewardship, and after consideration of 20 19 recommendations submitted by the organic nutrient management 20 20 advisory council. 20 21 Sec. 22. NEW SECTION. 455B.204 MANURE MANAGEMENT PLAN 20 22 REQUIREMENTS. 20 23 1. a. A person shall not receive a permit for the 20 24 construction of a confinement feeding operation as provided in 20 25 section 455B.173, unless the person submits and complies with 20 26 a manure management plan in accordance with rules which shall 20 27 be adopted by the department pursuant to chapter 17A. The 20 28 plan shall provide for the application of manure in a manner 20 29 that is consistent with manure management practices provided 20 30 in section 455B.203. The department shall adopt all rules 20 31 required to implement this section not later than six months 20 32 following the effective date of this Act. 20 33 b. A person issued a permit for the construction of a 20 34 confinement feeding operation before January 1, 1994, shall 20 35 submit a manure management plan to the department not later 21 1 than two years and six months after the effective date of this 21 2 Act. A person issued a permit for the construction of a 21 3 confinement feeding operation between January 1, 1994, and six 21 4 months after the effective date of this Act, shall submit a 21 5 manure management plan to the department not later than one 21 6 year after the effective date of this Act. If a person 21 7 required to submit a delayed plan pursuant to this paragraph 21 8 violates section 455B.203, the person shall be required to 21 9 submit the plan to the department not later than one hundred 21 10 twenty days following notice by the department. 21 11 2. The manure plan manager shall administer the 21 12 implementation of and compliance with the plan, including 21 13 manure sludge management. The manure plan manager shall be 21 14 certified within six months after the department issues a 21 15 permit for the confinement feeding operation. However, a 21 16 person is not required to obtain a certification until two 21 17 years and six months following the effective date of this Act. 21 18 3. A manure management plan shall include, but is not 21 19 limited to, the following: 21 20 a. Calculations to determine the land area required for 21 21 application of manure from the confinement feeding operation 21 22 for the crop schedule specified in the plan. 21 23 b. The rate of manure application which shall be 21 24 consistent with the requirements of section 455B.203. 21 25 c. A crop schedule for land subject to application. 21 26 d. Manure sludge practices as required pursuant to 21 27 subsection 4. 21 28 4. A person operating a confinement feeding operation 21 29 which utilizes an anaerobic lagoon shall include a provision 21 30 for manure sludge management. The department shall adopt 21 31 rules for manure sludge management. The rules may include a 21 32 requirement that following approval of the plan by the 21 33 department, the depth of sludge be periodically determined, 21 34 the manure sludge tested for phosphorus content, and the 21 35 results of the test submitted to the department. The 22 1 department shall determine whether the person shall be 22 2 required to remove the manure sludge. If applied to land, the 22 3 department shall determine application practices pursuant to 22 4 section 455B.203, subsections 3 and 4, based on the 22 5 information submitted by the person and standards recommended 22 6 by Iowa state university, and after consideration of 22 7 recommendations submitted by the organic nutrient management 22 8 advisory council. 22 9 5. A person receiving a permit for the construction of a 22 10 confinement feeding operation shall maintain a current manure 22 11 management plan and maintain records sufficient to demonstrate 22 12 compliance with the manure management plan. Chapter 22 shall 22 13 not apply to the records which shall be kept confidential by 22 14 the department and its agents and employees. The contents of 22 15 the records are not subject to disclosure except as follows: 22 16 a. Upon waiver by the person receiving the permit. 22 17 b. In an action or administrative proceeding commenced 22 18 under this chapter. Any hearing related to the action or 22 19 proceeding shall be closed. 22 20 c. When required by subpoena or court order. 22 21 6. The department may inspect the confinement feeding 22 22 operation at any time during normal working hours, and may 22 23 inspect records required to be maintained as part of the 22 24 manure management plan. 22 25 7. A person required to submit a manure management plan 22 26 who is found in violation of the terms and conditions of the 22 27 plan shall not be subject to an enforcement action other than 22 28 assessment of a civil penalty pursuant to this chapter. 22 29 Sec. 23. NEW SECTION. 455B.205 DISTANCE REQUIREMENTS. 22 30 1. An animal feeding operation structure shall be located 22 31 at least two hundred feet away from the surface intake of an 22 32 agricultural drainage well, or a lake, river, or stream 22 33 located within the territorial limits of the state, any 22 34 marginal river area adjacent to the state, which can support a 22 35 floating vessel capable of carrying one or more persons during 23 1 a total of a six-month period in one out of ten years, 23 2 excluding periods of flooding. However, no distance 23 3 separation is required between a location or object and a farm 23 4 pond or privately owned lake, as defined in section 462A.2. 23 5 2. All distances between locations or objects shall be 23 6 measured from their closest points. The closest point of an 23 7 anaerobic lagoon, earthen manure storage basin, or egg 23 8 washwater storage structure shall be determined from the 23 9 highest point of the associated berm closest to the location 23 10 or object subject to the distance separation requirements. 23 11 Sec. 24. NEW SECTION. 657.11 ANIMAL FEEDING OPERATIONS. 23 12 1. The purpose of this section is to protect animal 23 13 agricultural producers who manage their operations according 23 14 to state and federal requirements from the costs of defending 23 15 nuisance suits, which negatively impact upon Iowa's 23 16 competitive economic position and discourage persons from 23 17 entering into animal agricultural production. This section is 23 18 intended to promote the expansion of animal agriculture in 23 19 this state by protecting persons engaged in the care and 23 20 feeding of animals. The general assembly has balanced all 23 21 competing interests and declares its intent to protect and 23 22 preserve animal agricultural production operations which 23 23 comply with the requirements of this section. 23 24 2. If a person obtains all applicable permits as required 23 25 in chapter 455B for the construction of an animal feeding 23 26 operation as defined in section 455B.161, the animal feeding 23 27 operation shall not be found to be a public or private 23 28 nuisance, under this chapter or under principles of common 23 29 law, regardless of the established date of the animal feeding 23 30 operation's construction or expansion, or whether the person 23 31 is required to obtain the permits or has obtained the permits 23 32 voluntarily. This nuisance suit protection includes 23 33 protection for, but not limited to, the care or feeding of 23 34 animals; the handling or transportation of animals; the 23 35 treatment or disposal of wastes resulting from animals; the 24 1 transportation and application of animal wastes; and the 24 2 creation of noise, odor, dust, or fumes arising from an animal 24 3 feeding operation. 24 4 3. The nuisance suit protection provided in this section 24 5 does not apply to a nuisance action brought against an animal 24 6 feeding operation, which arises out of any of the following: 24 7 a. A violation of a federal statute or regulation or state 24 8 statute or rule. 24 9 b. The negligent manner in which an animal feeding 24 10 operation is conducted. 24 11 c. Pollution or change in condition of the waters of a 24 12 stream, the overflowing of water of the animal feeding 24 13 operation onto another person's land, or excessive soil 24 14 erosion onto another person's land, caused by the animal 24 15 feeding operation unless the injury or damage is caused by an 24 16 act of God. 24 17 d. An injury to a person or damages to property caused by 24 18 the animal feeding operation before the effective date of this 24 19 Act. If the applicable permits are obtained on or after the 24 20 effective date of this Act, the nuisance suit protection does 24 21 not apply to injury or damages caused before the date the 24 22 applicable permits are obtained. 24 23 4. A plaintiff in a losing cause of action is liable to 24 24 the defendant for all costs and expenses incurred in the 24 25 defense of the action, if the cause of action is based on a 24 26 claim of a public or private nuisance. The costs shall 24 27 include but are not limited to reasonable attorney fees, court 24 28 costs, travel expenses, and other related incidental expenses. 24 29 Sec. 25. NOTICE. The department of natural resources 24 30 shall provide a written notice to persons required to develop 24 31 and comply with a manure management plan as provided in 24 32 section 455B.202 not later than nine months after the 24 33 effective date of this Act. The notice shall include 24 34 information from section 455B.202 regarding delayed dates of 24 35 compliance. 25 1 EXPLANATION 25 2 This bill provides for the regulation of animal feeding 25 3 operations. 25 4 The bill establishes a manure storage indemnity fund. 25 5 Moneys in the fund are appropriated to and for the purposes of 25 6 indemnifying a political subdivision for expenses related to 25 7 removing and disposing of manure from a manure storage 25 8 structure, and to pay the administrative costs of the 25 9 department. The department of agriculture and land 25 10 stewardship controls the fund and administers the program. 25 11 The fund is composed of a confinement feeding operation 25 12 construction fee paid before a construction permit is issued 25 13 by the department of natural resources. An annual fee is then 25 14 paid to the department of agriculture and land stewardship. 25 15 The amount of the fees equals 5 cents for each animal unit of 25 16 capacity for facilities housing poultry and 12 1/2 cents per 25 17 animal unit of capacity for facilities housing other species 25 18 of animals. If, on March 1, the moneys of the fund less the 25 19 department's estimate of the costs to the fund for pending or 25 20 unsettled claims exceeds $500,000, then the annual fee is 25 21 waived for the next fiscal year. The bill provides for the 25 22 collection of the fees. The bill provides that a county that 25 23 has acquired real estate containing a manure storage structure 25 24 following nonpayment of taxes may make a claim against the 25 25 fund to pay the costs of removing and disposing of the manure 25 26 located in a manure storage structure on the real estate. The 25 27 department must determine if a claim is eligible, and either 25 28 pay the fixed amount specified in the bid submitted by the 25 29 county upon completion of the work or obtain a lower fixed 25 30 amount bid for the work from another qualified person, other 25 31 than a governmental entity, and pay the fixed amount in this 25 32 bid upon completion of the work. The department is not 25 33 required to comply with certain established bidding 25 34 procedures. Upon a determination that the claim is eligible 25 35 for payment, the department must provide for payment of 100 26 1 percent of the claim, but not more than $150,000 per claimant. 26 2 If at any time the department determines that there are 26 3 insufficient moneys to make payment of all claims, the 26 4 department may order that payment be deferred on specified 26 5 claims. 26 6 The bill establishes an organic nutrient management 26 7 advisory council. The council consists of a number of 26 8 persons, including seven persons appointed by the governor, 26 9 after consultation with the secretary of agriculture, and 26 10 subject to confirmation by the senate, as provided in section 26 11 2.32. The persons include five persons actively engaged in 26 12 animal agricultural production, one person engaged in agri- 26 13 business, and one person who is interested in environmental 26 14 quality issues. The council is also composed of four members 26 15 of the general assembly. Several persons serve as nonvoting 26 16 ex officio members, including the director of the department 26 17 of natural resources, the dean of the college of agriculture 26 18 at Iowa state university, and a designee of the state office 26 19 of the natural resources conservation service of the United 26 20 States department of agriculture, or, in that person's stead, 26 21 the director of the soil conservation division of the 26 22 department of agriculture and land stewardship. 26 23 The council is responsible for advising the department and 26 24 the environmental protection commission regarding animal 26 25 feeding operations and recommending to the department and 26 26 commission solutions and policy or regulatory alternatives 26 27 relating to animal feeding operations, including 26 28 recommendations for rulemaking by the department and 26 29 recommendations to the general assembly. 26 30 The bill provides that the department of natural resources 26 31 is prohibited from initiating an enforcement action in 26 32 response to a violation by an animal feeding operation as 26 33 provided in the bill, unless the environmental commission 26 34 approves. 26 35 The bill rewrites and reorganizes existing provisions 27 1 relating to distance requirements that must exist between 27 2 anaerobic lagoons or earthen manure storage basins and 27 3 residences and public use areas. The bill provides a number 27 4 of new distance requirements which are applicable to animal 27 5 feeding operations, anaerobic lagoons, earthen manure storage 27 6 basins, formed manure storage structures, confinement 27 7 buildings, and egg washwater storage structures. The bill 27 8 limits the expansion of an animal feeding operation, if the 27 9 operation was constructed or expanded prior to the effective 27 10 date of the bill. The bill provides exceptions when 27 11 separation distance requirements are not applicable, including 27 12 when an operation has an animal capacity of 400 or fewer 27 13 animal units, and in cases in which the structure is 27 14 constructed or expanded pursuant to a waiver by the parties 27 15 affected or by cities. 27 16 The bill provides that the department may adopt rules 27 17 relating to the construction or operation of animal feeding 27 18 operations. The rules must include, but are not limited to, 27 19 minimum manure control requirements, requirements for 27 20 obtaining permits, and departmental evaluations of animal 27 21 feeding operations. The department is required to provide for 27 22 the issuance of permits for the construction of an animal 27 23 feeding operation, if an application is submitted according to 27 24 procedures required by the department, and the application 27 25 meets standards established by the department, regardless of 27 26 whether the animal feeding operation is required to obtain 27 27 such a permit. The bill requires that a person cannot obtain 27 28 a permit for the construction of a confinement feeding 27 29 operation, unless the person develops a manure management 27 30 plan. 27 31 The bill provides that the department is required to 27 32 establish and administer a program to certify that persons are 27 33 manure plan managers qualified to apply manure as required 27 34 under the plan. In order to become certified, the person must 27 35 receive at least four hours of training. A certification 28 1 expires five years following the date that the person was last 28 2 certified. In order to be recertified, the person must 28 3 complete four additional hours of training. The bill requires 28 4 Iowa state university to develop and administer the training 28 5 program. The university may act in cooperation with qualified 28 6 persons approved by the department. 28 7 The bill requires the department to adopt rules relating to 28 8 manure application practices by persons required to obtain a 28 9 permit for the construction of confinement feeding operations. 28 10 The department must adopt rules based on recommendations 28 11 submitted by Iowa state university and the department of 28 12 agriculture and land stewardship, and consider recommendations 28 13 by the organic nutrient management advisory council. 28 14 The bill provides for manure management plans. A person 28 15 cannot receive a permit for the construction of a confinement 28 16 feeding operation unless the person develops and complies with 28 17 a manure management plan as provided by rules which shall be 28 18 adopted by the department. The plan shall provide for the 28 19 application of manure in a manner that is consistent with 28 20 manure management practices required in the bill. The bill 28 21 provides for delayed implementation of the requirement. 28 22 The bill provides that a person operating a confinement 28 23 feeding operation which utilizes an anaerobic lagoon must 28 24 provide for manure sludge management as part of the plan. The 28 25 bill provides that a person required to maintain the plan must 28 26 keep records sufficient to demonstrate compliance with the 28 27 manure management plan. The public records law does not apply 28 28 to the records. 28 29 The bill provides that the department may impose an 28 30 additional civil penalty on a person required to obtain a 28 31 permit for the construction of a confinement feeding 28 32 operation, if the person has committed more than one violation 28 33 of a provision of chapter 455B. 28 34 The bill provides that if a person obtains all applicable 28 35 permits as required in chapter 455B for the construction of a 29 1 confinement feeding operation, the confinement feeding 29 2 operation shall not be found to be a public or private 29 3 nuisance, regardless of the established date of the 29 4 operation's construction or expansion, or whether the person 29 5 is required to obtain the permits or has obtained the permits 29 6 voluntarily. The nuisance suit protection does not apply to 29 7 an animal feeding operation, if the operation violates a 29 8 federal statute or regulation or state statute or rule, the 29 9 operation is conducted in a negligent manner, the operation 29 10 causes the pollution or change in condition of the waters of a 29 11 stream, the overflowing onto another persons's land, or 29 12 excessive soil erosion onto another person's land, unless the 29 13 injury or damage is caused by an act of God. The protection 29 14 also does not apply to an injury to a person or damages to 29 15 property caused by the operation before the effective date of 29 16 the bill. A plaintiff in a losing cause of action is liable 29 17 to the defendant for all costs and expenses incurred in the 29 18 defense of the action. 29 19 LSB 1763HC 76 29 20 da/jw/5
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