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
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