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House Amendment 1983

Amendment Text

PAG LIN
  1  1    Amend Senate File 472, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  NEW SECTION.  7D.10A  MANURE STORAGE
  1  6 INDEMNITY FUND.
  1  7    If moneys are not sufficient to support the manure
  1  8 storage indemnity fund as provided in chapter 204, the
  1  9 executive council may allocate from moneys in the
  1 10 general fund of the state, which are not otherwise
  1 11 obligated or encumbered, an amount to the manure
  1 12 storage indemnity fund as required pursuant to section
  1 13 204.2.  However, not more than a total of one million
  1 14 dollars shall be credited to the manure storage
  1 15 indemnity fund at any time.
  1 16    Sec.    .  Section 204.1, subsections 4, 8, and 9,
  1 17 Code 1997, are amended to read as follows:
  1 18    4.  "Department" means the department of
  1 19 agriculture and land stewardship natural resources.
  1 20    8.  "Manure storage structure" means a structure
  1 21 used to store manure as part of a confinement feeding
  1 22 operation subject to a construction permit issued by
  1 23 the department of natural resources pursuant to
  1 24 section 455B.173.  A manure storage structure
  1 25 includes, but is not limited to, an anaerobic lagoon,
  1 26 aerobic structure, formed manure storage structure, or
  1 27 earthen manure storage basin, all as defined in
  1 28 section 455B.161.
  1 29    9.  "Permittee" means a person who, pursuant to
  1 30 section 455B.173, obtains a permit for the
  1 31 construction of a manure storage structure, or a
  1 32 confinement feeding operation, if a manure storage
  1 33 structure is connected to the confinement feeding
  1 34 operation.
  1 35    Sec.    .  Section 204.2, subsections 2, 3, and 5,
  1 36 Code 1997, are amended to read as follows:
  1 37    2.  The fund consists of moneys from indemnity fees
  1 38 remitted by permittees to the department of natural
  1 39 resources and transferred to the department of
  1 40 agriculture and land stewardship as provided in
  1 41 section 204.3; moneys from indemnity fees remitted by
  1 42 persons required to submit manure management plans to
  1 43 the department pursuant to section 204.3A; sums
  1 44 collected on behalf of the fund by the department
  1 45 through legal action or settlement; moneys required to
  1 46 be repaid to the department by a county pursuant to
  1 47 this chapter; civil penalties assessed and collected
  1 48 by the department of natural resources or the attorney
  1 49 general pursuant to chapter 455B, against permittees
  1 50 animal feeding operations; moneys paid as a settlement
  2  1 involving an enforcement action for a civil penalty
  2  2 subject to assessment and collection against
  2  3 permittees by the department of natural resources or
  2  4 the attorney general pursuant to chapter 455B;
  2  5 interest, property, and securities acquired through
  2  6 the use of moneys in the fund; or moneys contributed
  2  7 to the fund from other sources.
  2  8    3.  The moneys collected under this section and
  2  9 shall be deposited in the fund and shall be
  2 10 appropriated to the department for the exclusive
  2 11 purpose of indemnifying a county for expenses related
  2 12 to cleaning up the site of the confinement feeding
  2 13 operation, including removing and disposing of manure
  2 14 from a manure storage structure providing cleanup as
  2 15 provided in section 204.4, and to pay the department
  2 16 for costs related to administering the provisions of
  2 17 this chapter.  For each fiscal year, the department
  2 18 shall not use more than one percent of the total
  2 19 amount which is available in the fund or ten thousand
  2 20 dollars, whichever is less, to pay for the costs of
  2 21 administration.  Moneys in the fund shall not be
  2 22 subject to appropriation or expenditure for any other
  2 23 purpose than provided in this section.
  2 24    5.  The following shall apply to moneys in the
  2 25 fund:
  2 26    a.  On August 31 following the close of each fiscal
  2 27 year, moneys in the fund which are not obligated or
  2 28 encumbered on June 30 of the past fiscal year, less
  2 29 not counting the department's estimate of the cost to
  2 30 the fund for pending or unsettled claims and any
  2 31 amount required to be credited to the general fund of
  2 32 the state under this subsection, and which are in
  2 33 excess of one three million dollars, shall be
  2 34 deposited in the organic nutrient management fund as
  2 35 created in section 161C.5 for purposes of supporting
  2 36 the organic nutrient management program.
  2 37    b.  The executive council may allocate moneys from
  2 38 the general fund of the state as provided in section
  2 39 7D.10A an amount necessary to support the fund,
  2 40 including payment of claims as provided in section
  2 41 204.4.  However, such an allocation of moneys from the
  2 42 general fund of the state shall be made only if the
  2 43 amount of moneys in the fund, which are not obligated
  2 44 or encumbered, and not counting the department's
  2 45 estimate of the cost to the fund for pending or
  2 46 unsettled claims and any amount required to be
  2 47 credited to the general fund of the state under this
  2 48 subsection, is less than one million dollars.
  2 49    c.  The department shall credit an amount to the
  2 50 general fund of the state which is equal to the amount
  3  1 allocated to the fund by the executive council.  The
  3  2 department shall credit the moneys to the general fund
  3  3 of the state, if the moneys in the fund which are not
  3  4 obligated or encumbered, and not counting the
  3  5 department's estimate of the cost to the fund for
  3  6 pending or unsettled claims and any amount required to
  3  7 be transferred to the general fund under this
  3  8 paragraph, are in excess of two million five hundred
  3  9 thousand dollars.  The department is not required to
  3 10 credit the total amount to the general fund of the
  3 11 state during any one fiscal year.
  3 12    Sec.    .  Section 204.3, subsection 2, paragraph
  3 13 a, Code 1997, is amended to read as follows:
  3 14    a.  For all animals other than poultry, the amount
  3 15 of the fee shall be seven and one-half ten cents per
  3 16 animal unit of capacity for confinement feeding
  3 17 operations.
  3 18    Sec.    .  Section 204.3, subsection 3, paragraph
  3 19 a, Code 1997, is amended to read as follows:
  3 20    a.  For all animals other than poultry, the amount
  3 21 of the fee shall be ten fifteen cents per animal unit
  3 22 of capacity for confinement feeding operations.
  3 23    Sec.    .  Section 204.3, subsection 3, unnumbered
  3 24 paragraph 2, Code 1997, is amended by striking the
  3 25 paragraph.
  3 26    Sec. ___.  NEW SECTION.  204.3A  MANURE MANAGEMENT
  3 27 PLAN – INDEMNITY FEE REQUIRED.
  3 28    An indemnity fee shall be assessed upon persons
  3 29 required to submit a manure management plan as
  3 30 provided in chapter 455B, but not required to obtain a
  3 31 construction permit pursuant to section 455B.173.  The
  3 32 amount of the fees shall be five cents per animal unit
  3 33 of capacity for confinement feeding operations.
  3 34    Sec.    .  Section 204.4, subsection 1, Code 1997,
  3 35 is amended to read as follows:
  3 36    1.  A county that has acquired real estate
  3 37 containing a manure storage structure following
  3 38 nonpayment of taxes pursuant to section 446.19, may
  3 39 make a claim against the fund to pay the costs of
  3 40 cleaning up the site of the confinement feeding
  3 41 operation, including the costs of removing and
  3 42 disposing of the manure from a manure storage
  3 43 structure cleanup costs incurred by the county as
  3 44 provided in section 204.5.  Each claim shall include a
  3 45 bid by a qualified person, other than a governmental
  3 46 entity, to remove and dispose of the manure for a
  3 47 fixed amount specified in the bid.
  3 48    Sec.    .  NEW SECTION.  204.4A  USE OF THE FUND BY
  3 49 THE DEPARTMENT TO PAY FOR EMERGENCY CLEANUP.
  3 50    If the department provides cleanup of a hazardous
  4  1 condition caused by a confinement feeding operation as
  4  2 provided in section 204.5, the department may use
  4  3 moneys in the fund for purposes of supporting the
  4  4 cleanup.  The department shall reimburse the fund from
  4  5 moneys recovered by the department as reimbursement
  4  6 for the cleanup as provided in section 204.5.
  4  7    Sec.    .  Section 204.5, Code 1997, is amended to
  4  8 read as follows:
  4  9    204.5  SITE CLEANUP.
  4 10    1.  a.  A county which that has acquired real
  4 11 estate containing on which there is located a
  4 12 confinement feeding operation structure, as defined in
  4 13 section 455B.161, following the nonpayment of taxes
  4 14 pursuant to section 446.19, may clean up the site
  4 15 provide for cleanup, including removing and disposing
  4 16 of manure at any time, remediating contamination which
  4 17 originates from the confinement feeding operation, or
  4 18 demolishing and disposing of structures relating to
  4 19 the confinement feeding operation.  The county may
  4 20 seek reimbursement including by bringing an action for
  4 21 the costs of the removal and disposal cleanup from the
  4 22 person abandoning the real estate.
  4 23    b.  If a hazardous condition exists prior to a
  4 24 county acquiring real estate on which there is located
  4 25 a confinement feeding operation because of the
  4 26 confinement feeding operation, the department may
  4 27 clean up the confinement feeding operation and
  4 28 remediate contamination which originates from the
  4 29 confinement feeding operation, pursuant to sections
  4 30 455B.381 through 455B.399.  The department may seek
  4 31 reimbursement, including by bringing an action for the
  4 32 costs of the cleanup, from a person liable for causing
  4 33 the hazardous condition.
  4 34    2.  A person cleaning up a site confinement feeding
  4 35 operation located on real estate acquired by a county
  4 36 may demolish or dispose of any building or equipment
  4 37 used in of the confinement feeding operation located
  4 38 on the land according to rules adopted by the
  4 39 department of natural resources pursuant to chapter
  4 40 17A, which apply to the disposal of farm buildings or
  4 41 equipment by an individual or business organization.
  4 42    Sec.    .  NEW SECTION.  331.304A  PRODUCTION,
  4 43 CARE, FEEDING, AND HOUSING OF ANIMALS.
  4 44    1.  As used in this section, the following shall
  4 45 apply:
  4 46    a.  "Aerobic structure", "animal", "animal feeding
  4 47 operation", "animal feeding operation structure", and
  4 48 "manure" mean the same as defined in section 455B.161.
  4 49    b.  "County legislation" means a motion,
  4 50 resolution, amendment, or ordinance.
  5  1    2.  A county shall not pass or enforce county
  5  2 legislation relating to a condition or activity
  5  3 occurring in connection with the production, care,
  5  4 feeding, or housing of animals, unless the regulation
  5  5 of the production, care, feeding, or housing of
  5  6 animals is expressly authorized by state law.  If
  5  7 authorized by state law, the county shall pass or
  5  8 enforce the county legislation only to the extent
  5  9 authorized by state law.  The production, care,
  5 10 feeding, or housing of animals includes but is not
  5 11 limited to the construction, operation, or management
  5 12 of an animal feeding operation, an animal feeding
  5 13 operation structure, or aerobic structure; and to the
  5 14 storage, handling, or application of manure, or egg
  5 15 washwater.
  5 16    Sec.    .  Section 455B.161, Code 1997, is amended
  5 17 by adding the following new subsection:
  5 18    NEW SUBSECTION.  0A.  "Aerobic structure" means an
  5 19 animal feeding operation structure other than an egg
  5 20 washwater storage structure which employs bacterial
  5 21 action which is maintained by the utilization of air
  5 22 or oxygen and which includes aeration equipment.
  5 23    Sec.    .  Section 455B.161, subsection 3, Code
  5 24 1997, is amended to read as follows:
  5 25    3.  a.  "Animal feeding operation" means a lot,
  5 26 yard, corral, building, or other area in which animals
  5 27 are confined and fed and maintained for forty-five
  5 28 days or more in any twelve-month period, and all
  5 29 structures used for the storage of manure from animals
  5 30 in the operation.
  5 31    b.  Two or more animal feeding operations under
  5 32 common ownership or management are deemed to be a
  5 33 single animal feeding operation if they are adjacent
  5 34 or either of the following apply:
  5 35    (1)  The animal feeding operations utilize a common
  5 36 system for manure storage.
  5 37    (2)  The animal feeding operations are adjacent.
  5 38 As used in this subsection, "adjacent" means that the
  5 39 animal feeding operations are separated at their
  5 40 closest points by a distance of one thousand two
  5 41 hundred fifty feet or less.  However, two or more
  5 42 confinement feeding operations are adjacent if all of
  5 43 the following apply:
  5 44    (a)  The confinement feeding operations are
  5 45 separated at their closets points by two thousand five
  5 46 hundred feet or less.
  5 47    (b)  The confinement feeding operations have a
  5 48 combined animal weight capacity of six hundred twenty-
  5 49 five thousand pounds or more for animals other than
  5 50 bovine or one million six hundred thousand pounds or
  6  1 more for bovine.
  6  2    c.  An animal feeding operation does not include a
  6  3 livestock market.
  6  4    Sec.    .  Section 455B.165, subsection 5, Code
  6  5 1997, is amended to read as follows:
  6  6    5.  An animal feeding operation structure which is
  6  7 located constructed or expanded within any distance
  6  8 from a residence, educational institution, commercial
  6  9 enterprise, bona fide religious institution, city, or
  6 10 public use area, if the residence, educational
  6 11 institution, commercial enterprise, or bona fide
  6 12 religious institution was constructed or expanded, or
  6 13 the boundaries of the city or public use area were
  6 14 expanded, after the date that the animal feeding
  6 15 operation was established.  The date the animal
  6 16 feeding operation was established is the date on which
  6 17 the animal feeding operation commenced operating.  A
  6 18 change in ownership or expansion of the animal feeding
  6 19 operation shall not change the established date of
  6 20 operation.
  6 21    Sec.    .  Section 455B.171, subsection 2, Code
  6 22 1997, is amended to read as follows:
  6 23    2.  a.  "Animal feeding operation" means a lot,
  6 24 yard, corral, building, or other area in which animals
  6 25 are confined and fed and maintained for forty-five
  6 26 days or more in any twelve-month period, and all
  6 27 structures used for the storage of manure from animals
  6 28 in the animal feeding operation.
  6 29    b.  Two or more animal feeding operations under
  6 30 common ownership or management are deemed to be a
  6 31 single animal feeding operation if they are adjacent
  6 32 or either of the following apply:
  6 33    (1)  The animal feeding operations utilize a common
  6 34 area or system for manure disposal.
  6 35    (2)  The animal feeding operations are adjacent.
  6 36 As used in this subsection, "adjacent" means that the
  6 37 animal feeding operations are separated at their
  6 38 closest points by a distance of one thousand two
  6 39 hundred fifty feet or less.  However, two or more
  6 40 confinement feeding operations are adjacent if all of
  6 41 the following apply:
  6 42    (a)  The confinement feeding operations are
  6 43 separated at their closest points by two thousand five
  6 44 hundred feet or less.
  6 45    (b)  The confinement feeding operations have a
  6 46 combined animal weight capacity of six hundred twenty-
  6 47 five thousand pounds or more for animals other than
  6 48 bovine or one million six hundred thousand pounds or
  6 49 more for bovine.
  6 50    c.  An animal feeding operation does not include a
  7  1 livestock market as defined in section 455B.161.
  7  2    Sec.    .  Section 455B.171, Code 1997, is amended
  7  3 by adding the following new subsections:
  7  4    NEW SUBSECTION.  1A.  "Aerobic structure" means the
  7  5 same as defined in section 455B.161.
  7  6    NEW SUBSECTION.  1B.  "Anaerobic lagoon" means the
  7  7 same as defined in section 455B.161.
  7  8    NEW SUBSECTION.  2A.  "Animal feeding operation
  7  9 structure" means the same as defined in section
  7 10 455B.161.
  7 11    NEW SUBSECTION.  7A.  "Earthen manure storage
  7 12 basin" means the same as defined in section 455B.161.
  7 13    Sec.    .  Section 455B.173, subsection 13, Code
  7 14 1997, is amended to read as follows:
  7 15    13.  a.  Adopt, modify, or repeal rules relating to
  7 16 the construction, including expansion, or operation of
  7 17 animal feeding operations, and related animal feeding
  7 18 operation structures which for purposes of this
  7 19 subsection shall include aerobic structures.  The
  7 20 rules shall include, but are not limited to, minimum
  7 21 manure control requirements, requirements for
  7 22 obtaining permits, and departmental evaluations of
  7 23 animal feeding operations.  The department shall not
  7 24 require that a person obtain a permit for the
  7 25 construction of an animal feeding operation structure,
  7 26 if the structure is part of a small animal feeding
  7 27 operation.
  7 28    b.  The department shall collect an indemnity fee
  7 29 as provided in section 204.3 prior to the issuance of
  7 30 a construction permit and as provided in section
  7 31 204.3A prior to filing a manure management plan by
  7 32 persons not required to obtain a construction permit.
  7 33 The department shall deposit moneys collected in
  7 34 indemnity fees in the manure storage indemnity fund
  7 35 created in section 204.2.
  7 36    c.  The department shall not approve a permit for
  7 37 the construction of three or more animal feeding
  7 38 operation structures unless the applicant files a
  7 39 statement approved by a professional engineer
  7 40 registered pursuant to chapter 542B certifying that
  7 41 the construction of the animal feeding operation
  7 42 structure will not impede the drainage through
  7 43 established drainage tile lines which cross property
  7 44 boundary lines unless measures are taken to
  7 45 reestablish the drainage prior to completion of
  7 46 construction.  The department shall deposit moneys
  7 47 collected in indemnity fees in the manure storage
  7 48 indemnity fund created in section 204.2.
  7 49    d.  The department shall issue a permit for an
  7 50 animal feeding operation, if an application is
  8  1 submitted according to procedures required by the
  8  2 department, and the application meets standards
  8  3 established by the department, regardless of whether
  8  4 the animal feeding operation is required to obtain
  8  5 such a permit.
  8  6    e.  An applicant for a construction permit shall
  8  7 not begin construction at the location of a site
  8  8 planned for the construction of an animal feeding
  8  9 operation structure, until the person has been granted
  8 10 a permit for the construction of the structure by the
  8 11 department.  The department shall make a determination
  8 12 regarding the approval or denial of a permit within
  8 13 sixty days from the date that the department receives
  8 14 a completed application for a permit.  However, the
  8 15 sixty-day requirement shall not apply to an
  8 16 application, if the applicant is not required to
  8 17 obtain a permit in order to construct an animal
  8 18 feeding operation structure or to operate an animal
  8 19 feeding operation.
  8 20    f.  The department shall deliver a copy or require
  8 21 the applicant to deliver a copy of the application for
  8 22 a construction permit to the county board of
  8 23 supervisors in the county where the confinement
  8 24 feeding operation or confinement related animal
  8 25 feeding operation structure subject to the permit is
  8 26 to be located.  The department shall not approve the
  8 27 application or issue a construction permit until
  8 28 thirty days following delivery of the application to
  8 29 the county board of supervisors.  The county board of
  8 30 supervisors may hold a public hearing to receive
  8 31 public comments regarding the application.  When
  8 32 approving a permit, the department shall consider
  8 33 comments from the county board of supervisors and take
  8 34 into account public comments, and respond to all
  8 35 comments regarding compliance by the applicant with
  8 36 the legal requirements for the construction of the
  8 37 confinement animal feeding operation structure as
  8 38 provided in this chapter, and rules adopted by the
  8 39 department pursuant to this chapter, if the.  All
  8 40 comments are must be delivered to the department
  8 41 within fourteen thirty days after receipt of the
  8 42 application by the county board of supervisors.  The
  8 43 comments by the board and the public may include, but
  8 44 are not limited to, references to the existence of a
  8 45 structure or area not included in the permit
  8 46 application which benefits from a separation distance
  8 47 requirement as provided in section 455B.162 or
  8 48 455B.204; the suitability of soils and the hydrology
  8 49 of the site where construction is proposed; and the
  8 50 availability of land for the application of manure
  9  1 originating from the confinement feeding operation.
  9  2    g.  Prior to granting a permit to a person for the
  9  3 construction of an animal feeding operation structure,
  9  4 the department may require the installation and
  9  5 operation of a hydrological monitoring system for an
  9  6 exclusively earthen manure storage structure, if,
  9  7 after an on-site inspection, the department determines
  9  8 that the site presents an extraordinary potential for
  9  9 groundwater pollution.
  9 10    h.  A person shall not obtain a permit for the
  9 11 construction of a confinement feeding operation,
  9 12 unless the person develops a manure management plan as
  9 13 provided in section 455B.203.  The department shall,
  9 14 or require the owner of the confinement feeding
  9 15 operation to, deliver to the county where a
  9 16 confinement feeding operation is located a copy of a
  9 17 manure management plan required to be submitted to the
  9 18 department by the confinement feeding operation,
  9 19 regardless of whether the confinement feeding
  9 20 operation is constructed pursuant to a permit approved
  9 21 pursuant to this subsection.
  9 22    i.  The department shall not issue a permit to a
  9 23 person under this subsection if an enforcement action
  9 24 by the department, relating to a violation of this
  9 25 chapter concerning a confinement feeding operation in
  9 26 which the person has an interest, is pending.  The
  9 27 department shall not issue a permit to a person under
  9 28 this subsection for five years after the date of the
  9 29 last violation committed by a person or confinement
  9 30 feeding operation in which the person holds a
  9 31 controlling interest during which the person or
  9 32 operation was classified as a habitual violator under
  9 33 section 455B.191.  The department shall conduct an
  9 34 annual review of each confinement feeding operation
  9 35 which is a habitual violator and each confinement
  9 36 feeding operation in which a habitual violator holds a
  9 37 controlling interest.  The department shall notify
  9 38 persons classified as habitual violators of their
  9 39 classification, additional restrictions imposed upon
  9 40 the persons pursuant to the classification, and
  9 41 special civil penalties that may be imposed upon the
  9 42 persons.  The notice shall be sent to the persons by
  9 43 certified mail.
  9 44    Sec.    .  NEW SECTION.  455B.201A  ANAEROBIC
  9 45 LAGOONS AND EARTHEN MANURE STORAGE BASINS.
  9 46    1.  A person shall not construct or expand an
  9 47 earthen manure storage basin used in conjunction with
  9 48 a confinement feeding operation, if the earthen manure
  9 49 storage basin as constructed or expanded would have
  9 50 the capacity to store more than three million gallons
 10  1 of manure.
 10  2    2.  The department shall inspect each anaerobic
 10  3 lagoon or earthen manure storage basin which is part
 10  4 of a confinement feeding operation at least once each
 10  5 eighteen months.  An inspection conducted pursuant to
 10  6 this subsection shall be limited to a visual
 10  7 inspection of the site where the anaerobic lagoon or
 10  8 earthen manure storage basin is located.  The
 10  9 department shall inspect the site at a reasonable time
 10 10 after providing at least twenty-four hours' notice to
 10 11 the person owning or managing the confinement feeding
 10 12 operation.  However, in order to inspect the premises
 10 13 the departmental inspector must comply with standard
 10 14 biosecurity requirements customarily required by the
 10 15 operation.  The visual inspection shall include, but
 10 16 not be limited to, determining whether any of the
 10 17 following exists:
 10 18    a.  An adequate freeboard level.
 10 19    b.  The seepage of manure from the anaerobic lagoon
 10 20 or earthen manure storage basin.
 10 21    c.  Erosion.
 10 22    d.  Inadequate vegetation cover.
 10 23    e.  The presence of an opening allowing manure to
 10 24 drain from the anaerobic lagoon or earthen manure
 10 25 storage basin."
 10 26    #2.  Page 1, by inserting before line 26 the
 10 27 following:
 10 28    "Sec. ___.  Section 455B.203, Code 1997, is amended
 10 29 by adding the following new subsection:
 10 30    NEW SUBSECTION.  5A.  The department may require
 10 31 that a person other than a person required to obtain a
 10 32 construction permit submit a manure management plan as
 10 33 provided by the department by rule.
 10 34    Sec. ___.  Section 657.11, subsections 2 and 3,
 10 35 Code 1997, are amended to read as follows:
 10 36    2.  If a person has received all permits required
 10 37 pursuant to chapter 455B for an animal feeding
 10 38 operation, as defined in section 455B.161, there shall
 10 39 be a rebuttable presumption that an An animal feeding
 10 40 operation is shall not be found to be a public or
 10 41 private nuisance under this chapter or under
 10 42 principles of common law, and that the animal feeding
 10 43 operation does shall not be found to unreasonably and
 10 44 continuously interfere with another person's
 10 45 comfortable use and enjoyment of the person's life or
 10 46 property under any other cause of action.  The
 10 47 rebuttable presumption also applies to persons who are
 10 48 not required to obtain a permit pursuant to chapter
 10 49 455B for an animal feeding operation as defined in
 10 50 section 455B.161.  The rebuttable presumption However,
 11  1 this section shall not apply if the to an injury to a
 11  2 person or damage to property is proximately caused by
 11  3 a any of the following:
 11  4    a.  The failure to comply with a federal statute or
 11  5 regulation or a state statute or rule which applies to
 11  6 the animal feeding operation.
 11  7    3.  The rebuttable presumption may be overcome by
 11  8 clear and convincing evidence of both of the
 11  9 following:
 11 10    a.  The animal feeding operation unreasonably and
 11 11 continuously interferes with another person's
 11 12 comfortable use and enjoyment of the person's life or
 11 13 property.
 11 14    b.  The injury or damage is proximately caused by
 11 15 the The negligent operation of the animal feeding
 11 16 operation.
 11 17    Sec. ___.  Section 657.11, subsection 4, unnumbered
 11 18 paragraph 1, Code 1997, is amended to read as follows:
 11 19    The rebuttable presumption This section does not
 11 20 apply to a person during any period that the person is
 11 21 classified as a chronic violator under this subsection
 11 22 as to any confinement feeding operation in which the
 11 23 person holds a controlling interest, as defined by
 11 24 rules adopted by the department of natural resources.
 11 25 The rebuttable presumption This section shall apply to
 11 26 the person on and after the date that the person is
 11 27 removed from the classification of chronic violator.
 11 28 For purposes of this subsection, "confinement feeding
 11 29 operation" means an animal feeding operation in which
 11 30 animals are confined to areas which are totally
 11 31 roofed, and which are regulated by the department of
 11 32 natural resources or the environmental protection
 11 33 commission the same as defined in section 455B.161.
 11 34    Sec. ___.  Section 657.11, subsections 5 through 8,
 11 35 Code 1997, are amended to read as follows:
 11 36    5.  The rebuttable presumption created by this This
 11 37 section shall apply regardless of the established date
 11 38 of operation or expansion of the animal feeding
 11 39 operation.  The rebuttable presumption A defense
 11 40 against a cause of action for nuisance includes, but
 11 41 is not limited to, a defense for actions arising out
 11 42 of the care and feeding of animals; the handling or
 11 43 transportation of animals; the treatment or disposal
 11 44 of manure resulting from animals; the transportation
 11 45 and application of animal manure; and the creation of
 11 46 noise, odor, dust, or fumes arising from an animal
 11 47 feeding operation.
 11 48    6.  An animal feeding operation that complies with
 11 49 the requirements in chapter 455B for animal feeding
 11 50 operations shall be deemed to meet any common law
 12  1 requirements regarding the standard of a normal person
 12  2 living in the locality of the operation.
 12  3    7. 6.  A person who brings a losing cause of action
 12  4 against a person for whom the rebuttable presumption
 12  5 created under this section is not rebutted, who may
 12  6 raise a nuisance defense under this section shall be
 12  7 liable to the person against whom the action was
 12  8 brought for all costs and expenses incurred in the
 12  9 defense of the action, if the court determines that a
 12 10 claim is frivolous.
 12 11    8. 7.  The rebuttable presumption created in this
 12 12 This section does not apply to an injury to a person
 12 13 or damages to property caused by the animal feeding
 12 14 operation before May 31, 1995.
 12 15    Sec.    .  APPLICABILITY.  The amendments to
 12 16 section 455B.161, subsection 3, and section 455B.171,
 12 17 subsection 2, as enacted in this Act, shall not apply
 12 18 to separation distance requirements applicable to
 12 19 animal feeding operation structures as provided in
 12 20 section 455B.162 or permit requirements for animal
 12 21 feeding operation structures as provided in section
 12 22 455B.173, if any of the following apply:
 12 23    1.  The animal feeding operation structure is
 12 24 constructed or under construction on or before May 15,
 12 25 1997.
 12 26    2.  The animal feeding operation may be constructed
 12 27 pursuant to a valid permit which the department has
 12 28 approved on or before May 15, 1997, or pursuant to an
 12 29 application for a permit that has been filed with the
 12 30 department by May 15, 1997.
 12 31    Sec.    .  PRIOR PERMITTEES.
 12 32    1.  The department of natural resources shall
 12 33 notify all persons required to pay an indemnity fee
 12 34 for deposit in the manure storage indemnity fund as
 12 35 provided in 1995 Iowa Acts, chapter 195, section 38,
 12 36 who have not received notice as provided in that
 12 37 section.  The notice shall be provided not later than
 12 38 June 1, 1997, as provided in that section.
 12 39    2.  A person required to pay an indemnity fee for
 12 40 deposit in the manure storage indemnity fund as
 12 41 provided in section 204.3, shall pay the fee at the
 12 42 rate established pursuant to 1995 Iowa Acts, chapter
 12 43 195, section 6, rather than the increased rate as
 12 44 provided in this Act, if the person's application for
 12 45 a construction permit is received by the department
 12 46 prior to the effective date of this Act.
 12 47    Sec.    .  STAFF FOR THE DEPARTMENT OF NATURAL
 12 48 RESOURCES.  The additional full-time equivalent
 12 49 positions allocated to the department of natural
 12 50 resources for purposes of supporting the regulation of
 13  1 animal feeding operations pursuant to 1997 Iowa Acts,
 13  2 House File 708, shall be used exclusively for the
 13  3 regulation of animal feeding operations as defined in
 13  4 section 455B.161, including but not limited to the
 13  5 issuance of permits, the inspection of the operations,
 13  6 and the investigation of complaints.
 13  7    Sec.    .  REQUIREMENT THAT THE DEPARTMENT OF
 13  8 NATURAL RESOURCES ENFORCE STATE LAWS.  The department
 13  9 of natural resources and the environmental protection
 13 10 commission shall enforce state laws, including
 13 11 statutes and rules which relate to the storage,
 13 12 disposal, and application of manure originating from
 13 13 animal feeding operations, as defined in section
 13 14 455B.161.  The department and environmental protection
 13 15 commission shall vigorously assess civil penalties and
 13 16 refer violators to the attorney general in a manner
 13 17 that ensures compliance with state law and deters
 13 18 potential violators.  The department shall submit a
 13 19 report to the general assembly not later than January
 13 20 15, 1998, regarding its efforts to comply with this
 13 21 section.
 13 22    Sec. ___.  DEPARTMENTAL REVIEW OF RECOMMENDATIONS
 13 23 SUBMITTED BY THE ANIMAL AGRICULTURE CONSULTING
 13 24 ORGANIZATION.  The department of natural resources
 13 25 shall immediately consider the adoption of rules based
 13 26 on recommendations last submitted prior to the
 13 27 effective date of this Act to the department by the
 13 28 animal agriculture consulting organization established
 13 29 pursuant to 1995 Iowa Acts, chapter 195, section 37.
 13 30    Sec.    .  DIRECTIONS TO IOWA CODE EDITOR.  The
 13 31 Iowa Code editor is directed to transfer chapter 204,
 13 32 as amended by this Act, to new chapter 456 or another
 13 33 chapter determined appropriate by the Iowa Code
 13 34 editor.  The Iowa Code editor shall correct internal
 13 35 references as necessary.
 13 36    Sec.    .  EFFECTIVE DATE.  This Act, being deemed
 13 37 of immediate importance, takes effect upon enactment."
 13 38    #3.  Title page, by striking lines 1 through 3 and
 13 39 inserting the following:  "An Act providing for the
 13 40 regulation of animal feeding operations, fees, the
 13 41 expenditure of moneys, making penalties applicable,
 13 42 and an effective date." 
 13 43 
 13 44 
 13 45                               
 13 46 CARROLL of Poweshiek 
 13 47 
 13 48 
 13 49                               
 13 50 EDDIE of Buena Vista 
 14  1 
 14  2 
 14  3                               
 14  4 MEYER of Sac 
 14  5 
 14  6 
 14  7                               
 14  8 GREIG of Emmet 
 14  9 
 14 10 
 14 11                               
 14 12 HUSEMAN of Cherokee 
 14 13 
 14 14 
 14 15                               
 14 16 DIX of Butler 
 14 17 
 14 18 
 14 19                               
 14 20 VANDE HOEF of Osceola 
 14 21 SF 472.313 77
 14 22 da/cf/28
     

Text: H01982                            Text: H01984
Text: H01900 - H01999                   Text: H Index
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