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