Text: S03654 Text: S03656 Text: S03600 - S03699 Text: S Index Bills and Amendments: General Index Bill History: General Index
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 654Aand, 654B, 1 6 and 654C.The contract shall be awarded to the1 7organization 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,and654B, 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 six 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 #28. Page 11, line 25, by striking the words "beef 4 47 cattle" and inserting the following: "bovine"." 4 48 #29. 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 #30. Page 11, by striking lines 14 through 28. 5 5 #31. Page 11, by striking lines 42 and 43. 5 6 #32. 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 #33. 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 #34. 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 #35. 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 #36. Page 14, line 31, by striking the words "of 5 35 natural resources". 5 36 #37. 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 #38. Page 14, line 42, by striking the figure 5 43 "455B.202" and inserting the following: "455B.203". 5 44 #39. 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 #40. Page 15, line 21, by striking the word 5 48 "livestock" and inserting the following: "animal". 5 49 #41. Page 15, by striking lines 37 through 42. 5 50 #42. 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 #43. 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 #44. Page 16, lines 10 and 11, by striking the 6 13 words "a permittee" and inserting the following: "an 6 14 owner". 6 15 #45. 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 #46. Page 16, by striking lines 28 through 30. 6 21 #47. Page 16, lines 31 and 32, by striking the 6 22 words "a permittee" and inserting the following: "an 6 23 owner". 6 24 #48. Page 16, line 36, by striking the words "a 6 25 permittee" and inserting the following: "an owner". 6 26 #49. Page 17, line 28, by striking the word 6 27 "release" and inserting the following: "agreement". 6 28 #50. Page 17, line 34, by inserting after the word 6 29 "parties" the following: "agreeing to mediation". 6 30 #51. 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 #52. 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 and continuously interfere with another 7 31 person's comfortable use and enjoyment of the person's 7 32 life or 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 another person's 7 47 comfortable use and enjoyment of the person's life or 7 48 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 4. The rebuttable presumption created by this 8 3 section shall apply regardless of the established date 8 4 of operation or expansion of the animal feeding 8 5 operation. The rebuttable presumption includes, but 8 6 is not limited to, a defense for actions arising out 8 7 of the care and feeding of animals; the handling or 8 8 transportation of animals; the treatment or disposal 8 9 of manure resulting from animals; the transportation 8 10 and application of animal manure; and the creation of 8 11 noise, odor, dust, or fumes arising from an animal 8 12 feeding operation. 8 13 5. An animal feeding operation that complies with 8 14 the requirements in chapter 455B for animal feeding 8 15 operations shall be deemed to meet any common law 8 16 requirements regarding the standard of a normal person 8 17 living in the locality of the operation. 8 18 6. A person who brings a losing cause of action 8 19 against a person for whom the rebuttable presumption 8 20 created under this section is not rebutted, shall be 8 21 liable to the person against whom the action was 8 22 brought for all costs and expenses incurred in the 8 23 defense of the action, if the court determines that a 8 24 claim is frivolous. 8 25 7. The rebuttable presumption created in this 8 26 section does not apply to an injury to a person or 8 27 damages to property caused by the animal feeding 8 28 operation before the effective date of this Act."" 8 29 #53. Page 20, by striking lines 2 through 4. 8 30 #54. Page 20, by inserting before line 5 the 8 31 following: 8 32 "# . Page 22, line 31, by striking the words 8 33 "CONSULTATION WITH INTERESTED ORGANIZATIONS." and 8 34 inserting the following: "ANIMAL AGRICULTURE 8 35 CONSULTING ORGANIZATION." 8 36 #55. Page 22, line 35, by inserting after the word 8 37 "association," the following: "an organization 8 38 representing agricultural producers generally,". 8 39 #56. Page 22, line 35, by inserting after the word 8 40 "university," the following: "the soil conservation 8 41 division of the department of agriculture and land 8 42 stewardship,". 8 43 #57. Page 23, by striking lines 4 through 8 and 8 44 inserting the following: "Act, and the Act's 8 45 implementation. The department shall consult with"." 8 46 #58. By renumbering as necessary. 8 47 HF 519H 8 48 da/pk/25
Text: S03654 Text: S03656 Text: S03600 - S03699 Text: S Index Bills and Amendments: General Index Bill History: General Index
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