Text: H08353                            Text: H08355
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8354

Amendment Text

PAG LIN
  1  1    Amend House File 2494 as follows:
  1  2    #1.  Page 7, line 19, by striking the word and
  1  3 figure "division II," and inserting the following:
  1  4 "division II,; section 455B.200A;".
  1  5    #2.  Page 9, by inserting after line 11 the
  1  6 following:
  1  7    "a.  Both of the following apply:"
  1  8    #3.  Page 9, line 12, by striking the letter "a."
  1  9 and inserting the following:  "(1)".
  1 10    #4.  Page 9, by inserting after line 14 the
  1 11 following:
  1 12    "(2)  The confinement feeding operations have a
  1 13 combined animal weight capacity of less than six
  1 14 hundred twenty-five thousand pounds for animals other
  1 15 than bovine or less than one million six hundred
  1 16 thousand pounds for bovine."
  1 17    #5.  Page 9, line 30, by inserting after the word
  1 18 "feet" the following:  "or less".
  1 19    #6.  Page 10, line 6, by inserting after the word
  1 20 "Act;" the following:  "and".
  1 21    #7.  Page 10, by striking lines 7 through 10, and
  1 22 inserting the following:  "expansion of structures
  1 23 constructed on or after May 31, 1995; or, except as
  1 24 provided in section 455B.163, to the expansion of
  1 25 structures constructed prior to May 31, 1995: the
  1 26 effective date of this Act."
  1 27    #8.  Page 14, line 16, by inserting after the word
  1 28 "road" the following:  ", street, bridge, or
  1 29 thoroughfare".
  1 30    #9.  Page 15, line 11, by striking the words and
  1 31 figure "May 31, 1995" and inserting the following:
  1 32 "the effective date of this Act".
  1 33    #10.  Page 15, by striking line 15 and inserting
  1 34 the following:  "expanded on or after the effective
  1 35 date of this Act,".
  1 36    #11.  Page 15, by striking lines 20 through 29 and
  1 37 inserting the following:
  1 38    "a.  No portion of the animal feeding operation
  1 39 after expansion is closer than before expansion to a
  1 40 location or object for which separation is required
  1 41 under section 455B.162."
  1 42    #12.  Page 15, by striking line 34 and inserting
  1 43 the following:   "feeding operating structure
  1 44 constructed prior to the effective date of this Act,
  1 45 or on the".
  1 46    #13.  Page 16, by striking line 1 and inserting the
  1 47 following:  "structure constructed on or after the
  1 48 effective date".
  1 49    #14.  Page 16, line 13, by inserting after the
  1 50 figure "455B.162" the following:  ", subsections 1,
  2  1 1B, and 1C".
  2  2    #15.  Page 16, by striking lines 15 and 16, and
  2  3 inserting the following:  "operation as expanded is
  2  4 not more than either of the following:
  2  5    (1)  Six hundred twenty-five thousand pounds for
  2  6 animals other than bovine.
  2  7    (2)  One million six hundred thousand pounds for
  2  8 bovine."
  2  9    #16.  Page 17, line 31, by striking the word "an".
  2 10    #17.  By striking page 17, line 32, through page
  2 11 18, line 15, and inserting the following:  "the same
  2 12 as defined in section 455B.161."
  2 13    #18.  Page 21, line 11, by inserting after the word
  2 14 "permit." the following:  "A completed application
  2 15 which is not approved or denied within the sixty-day
  2 16 period shall be approved by default."
  2 17    #19.  Page 21, line 20, by inserting after the
  2 18 words "permit is" the following:  "proposed".
  2 19    #20.  By striking page 23, line 27, through page
  2 20 24, line 4, and inserting the following:
  2 21    "Adjacency shall be determined under this part in
  2 22 the same manner as determined pursuant to section
  2 23 455B.161A."
  2 24    #21.  Page 29, line 27, by inserting after the word
  2 25 "site" the following:  "other than a commercial manure
  2 26 applicator".
  2 27    #22.  Page 31, by striking lines 12 through 15 and
  2 28 inserting the following:  "program under this section,
  2 29 and the department of agriculture and land stewardship
  2 30 in administering the certification program for
  2 31 pesticide applicators may cooperate together."
  2 32    #23.  Page 31, line 34, by striking the words "in
  2 33 sight or hearing" and inserting the following: "both
  2 34 of the following:
  2 35    a.  Physically present at the site where the manure
  2 36 is located.
  2 37    b.  In sight or hearing".
  2 38    #24.  Page 31, by inserting after line 35, the
  2 39 following:
  2 40    "8.  If a certified commercial applicator applies
  2 41 manure to land in a manner that causes a violation of
  2 42 this part, any person who holds an interest in the
  2 43 land or any person who owns or operates an animal
  2 44 feeding operation where the manure originated shall
  2 45 not be subject to an enforcement action under this
  2 46 part, including the assessment of a civil penalty
  2 47 under section 455B.191, arising out of the violation,
  2 48 unless the person or the person's agent knew or
  2 49 reasonably should have known of the violation and
  2 50 failed to order its termination."
  3  1    #25.  Page 33, line 6, by striking the word
  3  2 "wellhead" and inserting the following:  "surface
  3  3 intake, wellhead,".
  3  4    #26.  Page 35, line 35, by striking the figure
  3  5 "558A.4" and inserting the following:  "558A.4A".
  3  6    #27.  Page 37, line 16, by striking the figure
  3  7 "614.29" and inserting the following:  "614.28A".
  3  8    #28.  Page 40, by inserting after line 15, the
  3  9 following:
  3 10    "Sec. ___.  COUNTY APPEAL PROCESS.  If the
  3 11 department of natural resources has not made a
  3 12 determination regarding the approval or denial of a
  3 13 permit for the construction of a confinement feeding
  3 14 operation or related animal feeding operation
  3 15 structure on the effective date of this Act, the
  3 16 department's decision to approve or disapprove the
  3 17 permit application may be contested by the county
  3 18 board of supervisors in the county where the
  3 19 confinement feeding operation or related animal
  3 20 feeding operation structure subject to the permit is
  3 21 proposed to be located, as provided in section
  3 22 455B.200A as enacted in this Act." 
  3 23 
  3 24 
  3 25                               
  3 26 TEIG of Hamilton 
  3 27 HF 2494.710 77
  3 28 da/sc/28

Text: H08353                            Text: H08355
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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