H.F. 410 Section 1. Section 136.3, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 13. Hear appeals of compliance orders 3 issued by the director pursuant to chapter 136E and affirm, 4 modify, or vacate such orders. 5 Sec. 2. NEW SECTION . 136E.1 Definitions. 6 As used in this chapter, unless the context otherwise 7 requires: 8 1. “County health department” means the same as in section 9 137.102. 10 2. “Scent-detecting device” means a device in which an 11 air sample is diluted with odor-free air and such mixture is 12 directed to a trained inspector’s nasal passages. 13 Sec. 3. NEW SECTION . 136E.2 Odor regulation —— procedure. 14 1. A person shall not allow an objectionable odor to emit 15 from the person’s property. 16 2. The department shall be responsible for investigating 17 complaints into objectionable odors and enforcing compliance 18 orders to suppress objectionable odors. 19 3. For purposes of this chapter and pursuant to criteria 20 provided in subsection 6 of this section, an odor is 21 objectionable if it unreasonably interferes with the proper 22 enjoyment of life or the proper use of property of others. The 23 odor must be detectable, distinct from other background odors, 24 and specific to a particular source. The duration of the odor 25 must be of a sufficiently long duration to interfere with the 26 activities at the property of a complainant. 27 4. When a complaint is filed with the department, the 28 department shall notify the relevant county health department. 29 The department or a county health department shall send 30 necessary personnel to the site of the complaint as soon as 31 possible to sample the air. 32 5. The department or a responding county health department 33 shall have staff members trained in the operation and use of a 34 scent-detecting device. 35 -1- LSB 1318YH (5) 88 js/tm 1/ 3

H.F. 410 6. a. The department or a responding county health 1 department shall use all of the following criteria, as 2 applicable, to determine if an odor is objectionable for 3 purposes of this chapter: 4 (1) On or adjacent to a residential, recreational, 5 institutional, retail sales, hotel, or educational property, 6 the odor is detectable using a scent-detecting device when the 7 sample is diluted with odor-free air eight times the volume of 8 the sample. 9 (2) On or adjacent to an industrial property, the odor is 10 detectable using a scent-detecting device when the sample is 11 diluted with odor-free air twenty-four times the volume of the 12 sample. 13 (3) On or adjacent to properties not included in paragraph 14 “a” or “b” , the odor is detectable using a scent-detecting 15 device when the sample is diluted with odor-free air sixteen 16 times the volume of the sample. 17 b. An odor is objectionable if at least two out of three 18 inspectors trained in using a scent-detecting device shall 19 agree within a one-hour period and at intervals of not 20 less than fifteen minutes that an odor properly diluted is 21 detectable at levels at or greater than those provided in 22 paragraph “a” . 23 7. A sample taken pursuant to this section shall be taken 24 at or within the property line from which the complaint was 25 received or at or near places where people live or work. 26 Sec. 4. NEW SECTION . 136E.3 Enforcement — civil penalty —— 27 civil action not precluded. 28 1. The director may issue any order necessary to secure 29 compliance with or prevent a violation of the provisions of 30 this chapter or any rule adopted or permit or order issued 31 pursuant to this chapter. The person to whom such compliance 32 order is issued may cause to be commenced a contested case 33 within the meaning of chapter 17A by filing within thirty days 34 a notice of appeal to the state board of health. On appeal, the 35 -2- LSB 1318YH (5) 88 js/tm 2/ 3

H.F. 410 board may affirm, modify, or vacate the order of the director. 1 2. The department shall assess a civil penalty of ten 2 thousand dollars per day for each day a violation of terms set 3 forth in a compliance order occurs. 4 3. Enforcement against an objectionable odor shall not 5 preclude a person from proceeding in a civil action pursuant 6 to chapter 657. 7 Sec. 5. NEW SECTION . 136E.4 Rulemaking authority. 8 The department shall adopt rules pursuant to chapter 17A to 9 administer this chapter. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill creates an administrative system to regulate 14 objectionable odors. The bill places responsibility for 15 investigating odor complaints and enforcing compliance orders 16 with the department of public health. The department or a 17 county health department shall respond to a complaint and 18 use a scent-detecting device to determine whether an odor 19 is objectionable. After the department or a county health 20 department determines that an odor is objectionable, the 21 department may issue a compliance order. A person may appeal 22 the issuance of a compliance order to the state board of 23 health. A violation of the terms of a compliance order is 24 punishable by a civil penalty of $10,000 per day for each 25 day a violation occurs. Enforcement under the bill does not 26 preclude a person from proceeding in a nuisance action for the 27 objectionable odor. The bill requires the department to adopt 28 rules to administer provisions of the bill. 29 -3- LSB 1318YH (5) 88 js/tm 3/ 3