Text: H08225 Text: H08227 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2494 as follows:
1 2 #1. Page 1, by inserting after line 10 the
1 3 following:
1 4 "Sec. ___. Section 13.13, subsection 2, Code 1997,
1 5 is amended to read as follows:
1 6 2. The farm assistance program coordinator shall
1 7 contract with a nonprofit organization chartered in
1 8 this state to provide mediation services as provided
1 9 in chapters 654A, 654B, and 654C, and to conduct
1 10 neighbor meetings pursuant to section 455B.205A. The
1 11 contract may be terminated by the coordinator upon
1 12 written notice and for good cause. The organization
1 13 awarded the contract is designated as the farm
1 14 mediation service for the duration of the contract.
1 15 The organization may, upon approval by the
1 16 coordinator, provide mediation services other than as
1 17 provided by law. The farm mediation service is not a
1 18 state agency for the purposes of chapters 19A, 20, and
1 19 669.
1 20 Sec. ___. Section 13.15, Code 1997, is amended to
1 21 read as follows:
1 22 13.15 RULES AND FORMS – FEES.
1 23 1. The farm mediation service shall recommend
1 24 rules to the farm assistance program coordinator. The
1 25 coordinator shall adopt rules pursuant to chapter 17A
1 26 to set the compensation of mediators and to implement
1 27 this subchapter and chapters 654A, 654B, and 654C, and
1 28 section 455B.205A.
1 29 2. The rules shall provide for an hourly mediation
1 30 fee not to exceed fifty dollars for the borrower and
1 31 one hundred dollars for the creditor. The hourly
1 32 mediation fee may be waived for any party
1 33 demonstrating financial hardship upon application to
1 34 the farm mediation service.
1 35 3. The compensation of a mediator shall be no more
1 36 than twenty-five dollars per hour, and all parties
1 37 shall contribute an equal amount of the cost.
1 38 However, if a meeting is held under section 455B.205A,
1 39 the animal feeding operation shall pay the mediator
1 40 the costs of the mediator in conducting the meeting.
1 41 4. The coordinator shall adopt voluntary mediation
1 42 application and mediation request forms. The
1 43 coordinator shall adopt forms necessary to administer
1 44 section 455B.205A.
1 45 Sec. ___. NEW SECTION. 13.17 GOOD NEIGHBOR
1 46 MEETINGS.
1 47 The farm assistance program coordinator, provided
1 48 in this subchapter, shall contract with the farm
1 49 mediation service to conduct meetings in order to
1 50 provide for a good neighbor policy relating to animal
2 1 feeding operations as provided in section 455B.205A.
2 2 The meeting shall not be considered mediation under
2 3 this subchapter or chapters 654A and 654B."
2 4 #2. Page 20, by inserting after line 12 the
2 5 following:
2 6 "___. The application for a construction permit
2 7 shall include a section for a good neighbor policy as
2 8 required pursuant to section 455B.205A, which the
2 9 applicant is not required to complete unless the
2 10 applicant elects to be eligible for protection from
2 11 legal action as provided in section 657.11. The
2 12 department shall file a permittee's amendments to the
2 13 good neighbor policy section with the application."
2 14 #3. Page 35, by inserting after line 24 the
2 15 following:
2 16 "Sec. ___. NEW SECTION. 455B.205A GOOD NEIGHBOR
2 17 POLICY.
2 18 1. The purpose of this section is to codify the
2 19 spirit of informal conduct to the expansion of animal
2 20 feeding operations in this state, which has
2 21 traditionally existed between farmers and neighbors,
2 22 based on a common set of farmer-neighbor expectations
2 23 relating to conversion, cooperation, tolerance, and
2 24 community harmony, when a farmer implements good faith
2 25 business practices.
2 26 2. A person who, on and after the effective date
2 27 of this Act, shall not obtain a construction permit
2 28 pursuant to section 455B.200A, unless the person
2 29 develops a good neighbor policy prior to receiving the
2 30 permit in order to provide that the animal feeding
2 31 operation subject to the permit is eligible for
2 32 protection from legal action as provided in section
2 33 657.11. In order to satisfy this requirement, the
2 34 applicant shall satisfy the requirements of this
2 35 section. The good neighbor policy shall continue in
2 36 effect after a transfer in ownership of the operation.
2 37 The portion of the application providing for a good
2 38 neighbor policy may be amended by the operation's
2 39 permittee after complying with the requirements of
2 40 this section and filing the amended portion with the
2 41 department.
2 42 3. The applicant or permittee shall provide a
2 43 written notice to all residents located within one
2 44 mile of any animal feeding operation structure subject
2 45 to the permit. The notice shall provide a time and
2 46 place in the county in which the operation is to be
2 47 located where all of the following shall be available
2 48 for public inspection:
2 49 a. The site plans for the construction of each
2 50 structure subject to a construction permit.
3 1 b. A completed application required pursuant to
3 2 section 455B.200A, including a proposed good neighbor
3 3 policy, or proposed amendments to the good neighbor
3 4 policy, as provided in this section.
3 5 c. A manure management plan, if required pursuant
3 6 to section 455B.203.
3 7 4. At least one neighbors meeting shall be held in
3 8 order to provide persons residing within one mile of
3 9 the site subject to the construction permit, with the
3 10 opportunity to express comments regarding the
3 11 operation, and the good neighbor policy. A
3 12 representative of the animal feeding operation shall
3 13 attend the meeting. A mediator designated by the farm
3 14 mediation service shall conduct the meeting and
3 15 certify to the department of natural resources that
3 16 the meeting was conducted as required pursuant to this
3 17 section.
3 18 5. The good neighbor portion of an application for
3 19 a permit for the construction of an animal feeding
3 20 operation or an amendment to the portion shall include
3 21 all of the following:
3 22 a. Procedures to notify neighbors of events,
3 23 including the cleaning of structures or the disposal
3 24 of manure, that may cause special discomfort to
3 25 neighbors.
3 26 b. A method to ensure that communication between
3 27 the animal feeding operation and neighbors is
3 28 maintained, including methods for neighbors to notify
3 29 an animal feeding operation when special occasions
3 30 occur such as weddings, holidays, parties, or
3 31 funerals.
3 32 c. The establishment of a nonjudicial dispute
3 33 resolution forum for neighbors and an animal feeding
3 34 operation to informally reach solutions to matters of
3 35 concern affecting the parties.
3 36 d. Methods to reduce impacts on the fair market
3 37 value of neighboring property due to the construction
3 38 or operation of an animal feeding operation structure,
3 39 which may include the purchase or lease of property
3 40 around an animal operation structure, or the payment
3 41 of compensation to neighboring property owners.
3 42 e. The implementation of practices and the
3 43 installation of systems to ensure that animal diseases
3 44 originating from the operation do not contaminate
3 45 animals located on neighboring property.
3 46 f. Practices and systems designed to reduce the
3 47 discomfort to neighbors arising from an animal feeding
3 48 operation. The application may include practical and
3 49 inexpensive methods utilized by the operation to
3 50 reduce odor, including planting trees around animal
4 1 feeding operation structures and providing that open
4 2 manure storage structures be covered with materials
4 3 which inhibit odor, such as straw, foam pellets, or
4 4 mats.
4 5 6. The Iowa cooperative extension service in
4 6 agriculture and home economics at Iowa state
4 7 university shall assist in carrying out the purpose of
4 8 this section by developing a model good neighbor
4 9 policy which may be used by animal feeding operations
4 10 in complying with this section. The service shall
4 11 provide different versions of the policy based on
4 12 various possible situations. In developing different
4 13 versions, the service shall consider the type and size
4 14 of animal feeding operations, the type and size of
4 15 animal feeding operation structures utilized by
4 16 operations, the different species of animals
4 17 maintained at operations, varying distances to
4 18 neighboring residents, different types of locations of
4 19 existing or planned animal feeding operations located
4 20 in close proximity to the operation to be constructed.
4 21 The services shall develop its model good neighbor
4 22 policy based upon the sensibilities of a reasonable
4 23 rural resident in the county who is familiar with and
4 24 appreciates the importance of animal agriculture."
4 25 #4. By renumbering as necessary.
4 26
4 27
4 28
4 29 KOENIGS of Mitchell
4 30 HF 2494.508 77
4 31 da/jw/28
Text: H08225 Text: H08227 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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