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House Journal: Page 1474: Friday, April 12, 2002

44 by this Act, shall be transferred to new chapter 456D,
45 as subchapter 4.
46 e. Chapter 455J, with the exception of section
47 455J.1, shall be transferred to new chapter 456D, as
48 subchapter 5.
49 f. Section 455B.110, as amended by this Act, is
50 transferred to new chapter 456D, as subchapter 6.

Page 53

1 Sections 455B.167, and 455B.207, as enacted by this
2 Act; section 455B.191, subsection 7, Code 2001, and
3 section 455B.191, subsection 8, as amended by this
4 Act; and section 455B.104, subsection 2, are
5 transferred as new sections to new subchapter 6.
6 2. The Code editor is directed to transfer chapter
7 455I to new chapter 456C. Subchapter 1 shall include
8 section 455I.1, subsections 1 through 4 and 6 through
9 13, Code 2001. Subchapter 2 shall include a new
10 section stating the following: As used in this
11 subchapter, unless the context otherwise requires,
12 "department" means the department of natural
13 resources. Subchapter 2 shall include sections 455I.2
14 through 455I.7. Subchapter 3 shall include a new
15 section stating the following: As used in this
16 subchapter, unless the context otherwise requires,
17 "department" means the department of agriculture and
18 land stewardship. The Code editor is directed to
19 transfer sections 159.28 through 159.29B, Code 2001,
20 to new chapter 456C, subchapter 3.
21 Sec. 69. Section 455B.164, Code 2001, is repealed.
22 DIVISION III
23 RETROACTIVE APPLICABILITY AND EFFECTIVE DATES
24 Sec. 70. RETROACTIVE APPLICATION.
25 1. If the provisions of this Act would apply to
26 require that a person must be issued a construction
27 permit as provided in section 455B.200A, as amended by
28 this Act, upon the enactment of this Act, for the
29 construction of a confinement feeding operation
30 structure, the requirements of section 455B.200A, as
31 amended by this Act, shall apply retroactively as
32 provided in this section. The provisions of this Act
33 shall apply retroactively only if all of the following
34 are satisfied:
35 a. An application for a permit to construct the
36 confinement feeding operation structure was submitted
37 to the department on or after April 1, 2002, but prior
38 to the enactment of this Act, regardless of whether
39 the department has approved the application; a manure
40 management plan was submitted to the department
41 without a construction permit as provided in 567 IAC
42 65.16(2) on or after April 1, 2002, but prior to the


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