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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