Text: HF02267 Text: HF02269 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 137.7A ANIMAL FEEDING 1 2 OPERATIONS. 1 3 A county board of health may enter into an agreement under 1 4 chapter 28E with the department of natural resources pursuant 1 5 to section 455B.110A in order to conduct investigations or 1 6 inspections of animal feeding operations that are located in 1 7 the county, as required or authorized to be conducted by the 1 8 department pursuant to chapter 455B. 1 9 Sec. 2. NEW SECTION. 455B.110A ANIMAL FEEDING OPERATIONS 1 10 AGREEMENTS WITH COUNTY BOARDS OF HEALTH. 1 11 1. The department may enter into an agreement with a 1 12 qualified county board of health established pursuant to 1 13 chapter 137 in order to allow the county board of health to 1 14 conduct investigations or inspections of animal feeding 1 15 operations that are located in that county, as required or 1 16 authorized to be conducted by the department pursuant to this 1 17 chapter. 1 18 a. The agreement shall be executed as provided in chapter 1 19 28E. 1 20 b. The department shall only execute an agreement if the 1 21 department determines that investigations or inspections 1 22 conducted under the agreement are cost-effective and the 1 23 quality of the investigation or inspection ensures compliance 1 24 with state and federal law. The department shall review 1 25 investigations and inspections conducted under such agreements 1 26 to ensure that the investigations or inspections meet minimum 1 27 standards for cost effectiveness and quality. The department 1 28 may suspend or revoke an agreement, if the department 1 29 determines that a county board of health is acting in a manner 1 30 inconsistent with applicable provisions of this chapter, rules 1 31 adopted by the department, or the terms or conditions of the 1 32 agreement. 1 33 2. An investigation or inspection provided for in an 1 34 agreement executed under this section may include, but is not 1 35 limited to, an investigation or inspection as provided in 2 1 section 455B.110, 455B.200, 455B.200A, 455B.203, or 455B.205. 2 2 However, the investigations or inspections authorized by 2 3 agreement shall be limited to the types of investigations or 2 4 inspections that are within the expertise of the county board 2 5 of health. Unless otherwise limited by an agreement, all of 2 6 the following apply: 2 7 a. The county board of health shall be deemed to be an 2 8 agent of the department, and shall have the same authority to 2 9 carry out an investigation or inspection under this chapter as 2 10 the authority provided under this chapter to the department. 2 11 b. An investigation or inspection shall be conducted by or 2 12 under the supervision of a sanitation officer as provided 2 13 under chapter 135. The sanitation officer shall have the same 2 14 right of access to real estate of the premises of an animal 2 15 feeding operation as a departmental official conducting the 2 16 investigation or inspection under this chapter. 2 17 EXPLANATION 2 18 This bill amends provisions in Code chapter 455B regulating 2 19 animal feeding operations including confinement feeding 2 20 operations by the department of natural resources, originally 2 21 enacted in 1995 by House File 519 (1995 Iowa Acts, ch. 195) 2 22 and amended in 1998 by House File 2494 (1998 Iowa Acts, ch. 2 23 1209). 2 24 The bill creates new Code section 455B.110A authorizing the 2 25 department to enter into a Code chapter 28E agreement with 2 26 qualified county boards of health established in order to 2 27 conduct investigations or inspections of animal feeding 2 28 operations. The bill requires that the department execute an 2 29 agreement only if it determines that investigations or 2 30 inspections meet standards for cost-effectiveness and quality. 2 31 The department is required to review investigations and 2 32 inspections conducted under the agreements in order to ensure 2 33 that they meet these standards. The department may also 2 34 suspend or revoke an agreement, if it determines that a county 2 35 board of health is acting in a manner inconsistent with 3 1 applicable provisions of Code chapter 455B, rules adopted by 3 2 the department, or the terms or conditions of the agreement. 3 3 The bill provides that the investigations or inspections 3 4 authorized by agreement are limited to the types of 3 5 investigations or inspections that are within the expertise of 3 6 the county board of health. The bill provides that unless 3 7 otherwise limited by an agreement, a county board of health 3 8 acting under the agreement is deemed to be an agent of the 3 9 department, and has the same authority as the department in 3 10 conducting the investigations or inspections. The bill also 3 11 provides that an investigation or inspection must be conducted 3 12 by or under the supervision of a sanitation officer. It 3 13 provides that the sanitation officer has the same right of 3 14 access to real estate of the premises of an animal feeding 3 15 operation as a departmental official conducting the 3 16 investigation or inspection. 3 17 LSB 6320HH 79 3 18 da/sh/8
Text: HF02267 Text: HF02269 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Sat Feb 16 03:35:23 CST 2002
URL: /DOCS/GA/79GA/Legislation/HF/02200/HF02268/020208.html
jhf