Text: HF02026                           Text: HF02028
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2027

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 455B.173, subsection 13, Code 1997, is
  1  2 amended by adding the following new unnumbered paragraph:
  1  3    UNNUMBERED PARAGRAPH.  A person classified as a habitual
  1  4 violator whose construction permit is suspended as provided in
  1  5 section 455B.202 shall not proceed with construction until the
  1  6 person resubmits an application for construction of the
  1  7 structure which is approved by the department.  The department
  1  8 shall not approve the resubmitted application unless it meets
  1  9 all requirements necessary for approval of a new application
  1 10 and is accompanied by a consent agreement in which sixty
  1 11 percent of the persons residing within five miles of the
  1 12 proposed structure consent to its construction.
  1 13    Sec. 2.  Section 455B.202, subsection 2, paragraph b, Code
  1 14 Supplement 1997, is amended to read as follows:
  1 15    b.  A person shall not construct or expand an animal
  1 16 feeding operation structure which is part of a confinement
  1 17 feeding operation for five years after the date of the last
  1 18 violation committed by a person or confinement feeding
  1 19 operation in which the person holds a controlling interest
  1 20 during which the person or operation was classified as a
  1 21 habitual violator under section 455B.191.  Any permit for the
  1 22 construction of an animal feeding operation structure issued
  1 23 to a person shall be suspended on the date that the person is
  1 24 classified as a habitual violator.
  1 25    Sec. 3.  Section 455B.202, subsection 3, paragraph a, Code
  1 26 Supplement 1997, is amended to read as follows:
  1 27    a.  The person has an unexpired a suspended permit for the
  1 28 construction or expansion of the animal feeding operation
  1 29 structure, and the department approves a resubmitted
  1 30 application for construction of the structure as provided in
  1 31 section 455B.173.
  1 32    Sec. 4.  APPLICABILITY.  If a person was classified as a
  1 33 habitual violator pursuant to section 455B.191 prior to the
  1 34 effective date of this Act, any construction permit issued to
  1 35 the person shall be suspended on the effective date of this
  2  1 Act.  The person may reapply for the permit as provided in
  2  2 this Act.
  2  3    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of
  2  4 immediate importance, takes effect upon enactment.  
  2  5                           EXPLANATION
  2  6    Under Code section 455B.202, a person is prohibited from
  2  7 constructing or expanding an animal feeding operation
  2  8 structure which is part of a confinement feeding operation for
  2  9 five years after the date of the last violation committed by a
  2 10 person or confinement feeding operation in which the person
  2 11 holds a controlling interest during which the person or
  2 12 operation was classified as a habitual violator.  The section
  2 13 provides that this provision does not prohibit a person from
  2 14 completing the construction or expansion of an animal feeding
  2 15 operation structure if the person has an unexpired permit for
  2 16 the construction or expansion of the animal feeding operation
  2 17 structure.
  2 18    This bill provides that any permit for the construction of
  2 19 an animal feeding operation structure issued to a person is
  2 20 suspended on the date that the person is classified as a
  2 21 habitual violator.  A person classified as a habitual violator
  2 22 whose construction permit is suspended is prohibited from
  2 23 proceeding with construction until the person resubmits an
  2 24 application for construction of the structure, which is
  2 25 approved by the department.  The department cannot approve the
  2 26 application unless it meets all requirements necessary for
  2 27 approval of a new application and is accompanied by a consent
  2 28 agreement in which 60 percent of the persons residing within
  2 29 five miles of the proposed structure consent to its
  2 30 construction.
  2 31    The bill provides that if a person was classified as a
  2 32 habitual violator prior to the effective date of this bill,
  2 33 any construction permit issued to the person is suspended on
  2 34 the effective date of this bill.  The person may reapply for
  2 35 the permit.  The bill takes effect upon enactment.  
  3  1 LSB 3355HH 77
  3  2 da/sc/14
     

Text: HF02026                           Text: HF02028
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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