Sierra Club, Bills of Interest, 3/7/2002 - PART I
From Lyle Krewson, Lobbyist
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DUE to line limitations of the Listserv I have to send you this list by
parts.
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Confined Animal Feeding Operations (CAFO) Regulation - SF 2293/HF 2468
The House and Senate continue to work on the development of a bill to
improve regulation of CAFOs. We will see a draft from the Working Group of
12, who have been developing it, soon. The Working Group is a bipartisan
group of legislators specifically selected to develop this legislation. They
have worked for 6 weeks, or so, in confidential meetings, to achieve a
consensus proposal. We hear many bits and pieces of discussion about all of
the things they are discussing, and some specific piecies have been revealed
in the press. So far, we remain optimistic that good legislation with new
protections for Iowans and our environment will emerge.
** Legislators continue to need to hear your voice that you want good CAFO
legislation this year. Please let your legislators know now!
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The below are the bills that made it through the First Funnel deadline, and
are moving on the House or Senate Calenars, or are now in Committee in the
opposite chamber. Ways & Means and Appropriations bills are not required to
meet deadlines so remain viable, and all are included here also.
In other words, any bill below is alive so far. This is a very inclusive
list, so if a bill you heard about is not here, you can check with me to be
certain, but it should not be alive at this point.
I include the URL address for the bills, so you can also just click on those
to take you to the bill on the General Assembly website, where you can read
the text, print it off, and check the most recent Bill History actions.
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S.F. 2140 A bill for an act relating to energy conservation including
making appropriations of petroleum overcharge funds. EXPLANATION This
bill provides for the appropriation from oil overcharge funds for the
2002-2003 fiscal year to the departments of human rights and natural
resources for energy conservation programs. (Formerly SSB 3090).
Introduced by Senate Appropriations Committee, placed on Senate
Appropriations Committee calendar 2/7/2002. Passed Senate, ayes 46, nays 0,
2/25/2002, and immediately messaged to the House. Read first time, referred
to House Appropriations Committee, and assigned to a subcommittee of Reps.
Roberts, Dix and Reeder. Placed on the House Calendar 3/4/2002.
http://www.legis.state.ia.us/GA/79GA/BillHistory/SF/02100/SF02140.html
S.F. 2304 An act relating to public funding and regulatory matters and
making, reducing, and transferring appropriations for the fiscal year
beginning july 1, 2001, and including an effective date. (Formerly
SSB 3179). Introduced by Senate Appropriations Committee, placed on Senate
Appropriations calendar 2/25/2002. Amendment S-5061 filed, lost. Amendment
S-5062 filed, lost. Amendments S-5063, S-5064, S-5065 filed. Amendment
S-5064 withdrawn. Amendment S-5065 lost. Amendment S-5066 filed, lost.
Amendment S-5059 filed, lost. Motion filed to reconsider vote on S-5066,
vote prevailed. Amendment S-5066 lost. Amendment S-5060 filed, lost.
Amendment S-5063 lost. Amendment S-5068 filed, lost. Amendment S-5072 filed,
withdrawn. Amendment S-5074 filed. Amendment S-5074A adopted. Amendment
S-5074B withdrawn. Amendment S-5075 filed, withdrawn. Amendment S-5076
filed, lost. Amendment S-5078 filed, lost. Amendments S-5079, S-5077 filed,
adopted. Amendment S-5071 filed, adopted. Amendment S-5073 filed, adopted.
Amendment S-5067 filed, lost. Amendment S-5081 filed. Amendment S-5081A
withdrawn. Amendment S-5081B adopted. Passed Senate, ayes 28, nays 18,
2/26/2002, and immediately messaged to the House. Read first time, passed on
file. Substituted for HF 2557. Asked and received unanimous consent for
immediate consideration of H-8104. Amendment H-8104 filed, lost. Asked and
received unanimous consent for the immediate consideration of H-8112.
Amendment H-8112 filed, lost. Asked and received unanimous consent to
suspend Rule 31.8. Amendment H-8121 filed., adopted. Amendment H-8117 filed,
ruled out of order. Passed House, ayes 54, nays 45, 2/27/2002, and
immediately messaged to the Senate, with amendment S-5085. Senate concurred
with S-5085. Passed Senate, ayes 26, nays 20, 2/28/2002, and immediately
messaged to the House. Reported correctly enrolled, signed by the Speaker
and by the President of the Senate, and sent to Governor, 2/28/2002. SIGNED
by the Governor 3/1/2002.
http://www.legis.state.ia.us/GA/79GA/BillHistory/SF/02300/SF02304.html
S.F. 2207 A bill for an act relating to the acquisition,
enforceability, and purpose of conservation easements.
EXPLANATION This bill relates to the acquisition, enforceability, and
purpose of conservation easements. Currently, the department of natural
resources, any county conservation board, and any city or agency of a city
may acquire a conservation easement, other than by means of condemnation, in
land to preserve scenic beauty, wildlife habitat, riparian lands, wetlands,
or forests, promote outdoor recreation, or otherwise conserve for the
benefit of the public the natural beauty, natural resources, and public
recreation facilities of the state. The bill adds the historical division
of the department of cultural affairs and the state archaeologist to the
list of entities which may acquire the conservation easement. The bill
provides that a conservation easement may be acquired to promote agriculture
or open space and to conserve cultural resources. The bill provides that a
conservation easement shall be enforceable during the term of the easement
notwithstanding sections of the Code relating to reversion or use
restrictions on land and marketable record title. The bill provides that
the term "natural resources" includes, but is not limited to, archaeological
and historical resources. (Formerly SF 2068). Introduced by Senate
Natural Resources and Environment Committee, placed on Senate calendar
2/18/2002. Passed Senate, ayes 48, nays 0, 2/25/2002, and immediately
messaged to the House. Read first time, passed on file. Substituted for HF
2332. Passed House, ayes 87, nays 7, 3/6/2002, and immediately messaged to
the Senate.
http://www.legis.state.ia.us/GA/79GA/BillHistory/SF/02200/SF02207.html
H.F. 2567 A bill for an act relating to state and local land
management and planning, and providing effective dates. EXPLANATION
This bill makes changes to the law relating to local land management
planning and development.
The bill establishes a statewide land management planning board, which is
the current city development board with expanded duties. The land
management planning board, besides being involved with city development and
annexation, will oversee administration of the land management planning
fund. The land management planning fund is created to help pay the costs of
administering the board's duties.
The bill requires each county and cities in the county to establish a
strategic development committee by September 1, 2002, for the purpose of
creating a strategic development plan for the entire county. Two or more
contiguous counties may form one combined strategic development committee.
Prior to writing a strategic development plan, the committee is to hold a
public hearing. The purpose of the plan is to direct coordinated,
efficient, and orderly urban development. A strategic development plan
shall identify areas for future development and shall identify strategic
preservation areas where development would not be allowed to occur. Prior
to recommendation of a strategic development plan, the committee is required
to hold a public hearing on the proposed plan. Plans are to be submitted by
the committee to the cities and county by January 1, 2004, for ratification.
If a proposed strategic development plan is not ratified by the cities and
county, the committee shall revise the plan and submit it to the cities and
county for ratification. If the revised plan is not ratified, both the
recommended plan and the revised plan are forwarded to the land management
planning board for dispute resolution. The board must dispose of plans
submitted for dispute resolution by October 1, 2004.
A plan ratified by the cities and county must be approved by the land
management planning board. All plans must be approved by the board by
January 1, 2005. The board may amend a plan. Approved plans must be
recorded with the county recorder and filed with the land management
planning board. A plan does not take effect until it is recorded with the
county recorder. A plan remains in effect for five years. The bill
provides that the strategic development plan shall be the basis for the
comprehensive zoning plan of the cities and county. The bill requires
cities to provide regulatory incentives, such as expedited permitting and
waiver of permit fees, for development within certain parts of the city.
The bill prohibits annexation of territory in a strategic preservation area.
The bill requires that an annexation petition must include a statement that
the annexation is in conformance with the strategic development plan. These
amendments take effect January 1, 2005.
The bill may include a state mandate as defined in Code section 25B.3.
However, the bill makes inapplicable Code section 25B.2, subsection 3, which
would relieve a political subdivision from complying with a state mandate if
funding for the cost of the state mandate is not provided or specified.
Therefore, political subdivisions are required to comply with any state
mandate included in the bill.
Except as otherwise noted, the bill takes effect May 1, 2002. (Formerly
HF 2178) Introduced by House Local Government Committee, placed on House
calendar 2/27/2002.
http://www.legis.state.ia.us/GA/79GA/BillHistory/HF/02500/HF02567.html
H.F. 2537 A bill for an act relating to financial assistance for
preliminary engineering studies for alternative wastewater treatment and
disposal systems and making an appropriation. EXPLANATION This bill
relates to financial assistance for preliminary engineering studies for
alternative wastewater treatment and disposal systems.
The bill creates a preliminary engineering assistance fund under the control
of the department of natural resources. The bill provides that moneys in
the preliminary engineering assistance fund are appropriated to the
department for purposes of providing financial assistance to certain
qualifying communities for preliminary engineering studies to explore
alternative wastewater treatment and disposal systems for the applicant
community. The bill provides that, in order to qualify to apply for
financial assistance, an applicant must either be a city with a population
of less than 500 or an unincorporated community with a population of less
than 500 and the applicant must have either an inadequate centralized waste
collection and treatment system or collection of private waste collection
systems that may be inadequate to meet the needs of the applicant community.
(Formerly HF 2294) Introduced by House Environmental Protection Committee,
placed on House calendar 2/26/2002.
http://www.legis.state.ia.us/GA/79GA/BillHistory/HF/02500/HF02537.html
H.F. 2554 A bill for an act relating to the use of moneys appropriated
to the department of natural resources for purposes of tire-related
initiatives, disposal fees charged by retail tire dealers, and the
registration of waste tire haulers and providing an effective date.
EXPLANATION This bill relates to the use of moneys appropriated to the
department of natural resources for purposes of tire-related initiatives.
The bill eliminates a July 1, 2002, repeal of Code section 455D.11G relating
to disposal fees charged by retail tire dealers. This provision of the bill
takes effect upon enactment.
The bill repeals Code section 9B.1 relating to the registration of waste
tire haulers and the provisions to Code section 455D.11I. Currently, the
secretary of state administers the registration program. The bill moves the
program to the department of natural resources.
The bill provides that, if moneys are appropriated during the 2002 Regular
Session of the Seventy-ninth General Assembly, to the department of natural
resources for purposes of tire initiatives, the moneys shall be used for the
following purposes and in the following amounts:
1. Thirty-two percent of the moneys appropriated shall be used for
full-time equivalent positions related to the administration of permits and
registrations for tire processing, storage, and hauling activities, and tire
program initiatives and for compliance checks and inspections from field
offices in the state.
2. Eighteen percent of the moneys appropriated shall be used for a public
education and awareness initiative related to proper tire disposal options
and environmental and health hazards posed by improper tire storage.
3. Thirty percent of the moneys appropriated shall be used for market
development initiatives for waste tires.
4. Fifteen percent of the moneys appropriated shall be used for a waste
tire stockpile abatement initiative which would require a cost-share
agreement with the landowner.
5. Five percent of the moneys appropriated shall be used over a period of
three fiscal years for a study on the west nile virus. (Formerly HSB
658) Introduced by House Environmental Protection Committee, placed on House
calendar.
http://www.legis.state.ia.us/GA/79GA/BillHistory/HF/02500/HF02554.html
H.F. 2556 A bill for an act providing for the reorganization of
certain state departments by establishing a department of administrative
services and abolishing the executive council and transferring or
eliminating its duties. EXPLANATION This bill provides for the
reorganization of several departments of state government by establishing a
new department of administrative services and provides for the repeal of the
executive council and the transfer or elimination of the duties of the
executive council.
The bill creates a new department of administrative services. The bill
provides that the purpose of the new department is to manage and coordinate
the major resources of state government including the personnel, financial,
physical, and information assets of state government.
The new department consists of four divisions, three of which correspond to
current state departments. The current departments of personnel,
information technology, and general services are reorganized into divisions
within the new department. The division for personnel is renamed the human
resources division and the division for general services is renamed the
physical resources division. In addition, a division of financial
administration is created and given certain duties currently performed by
the department of revenue and finance.
The bill provides that the current directors of the departments of
personnel, information technology, and general services are no longer
appointed by the governor but are appointed by the director of the new
department.
In regards to the information technology division, the bill provides that
the department of administrative services will determine the division's
budget recommendation and legislative proposals. Currently, the information
technology council has the authority to recommend a budget and legislative
proposals. In addition, the bill eliminates the current divisions within the
information technology department.
The new financial administration division is given many of the duties
previously transferred to the department of revenue and finance when the
state comptroller position was eliminated. Other duties currently performed
by the department of revenue and finance are also transferred to the new
division. The bill provides that the new division assumes the accounting
functions transferred to the department of revenue and finance from the
state comptroller's office in legislation enacted in 1986 and provides that
the division is responsible for establishing setoff procedures concerning
certain liabilities owed the state. The bill also provides that the current
duties of the department of revenue and finance under current Code sections
421.31 through 421.45 are transferred to the new division. Of the duties
transferred, many include the responsibility for the collection and payment
of moneys into and from the treasury such as the payment of warrants. In
addition, current Code references to the responsibility of the director of
revenue and finance to provide for warrants is changed to the director of
the new department in this bill.
The bill also provides that rules adopted, or licenses or permits issued, by
state agencies that are altered, merged, or dissolved by this bill remain in
effect until the successor state agency amends, repeals, or supplements
them. The bill also provides for the updating of the Iowa administrative
code based upon the restructuring provided in the bill.
The bill also repeals Code chapter 7D, which establishes the executive
council. In addition, Code chapter 15C, concerning the world trade center,
is also repealed. The executive council currently consists of the governor,
secretary of state, auditor of state, treasurer of state, and the secretary
of agriculture. Of the duties performed by the executive council, some
duties are eliminated while other duties are transferred to other state
departments or constitutional officers. The applicable Code section or
chapter is referenced in parentheses.
The bill repeals and eliminates the following duties, powers, and
responsibilities of the executive council: the ability to designate
additional paid holidays for state employees (1C.2), the report for the
official register (7D.6), the receipt of the report of unexpended balances
on special work (7D.11), the notice to transfer balance regarding special
funds (7D.12), the order and duty to transfer the balance in special funds
to the general fund (7D.13, 7D.14), the creation of the public policy
research foundation (7D.15), the ability to employ others for the
performance of duty (7D.29, 7D.30), the state employee suggestion system
(70.33), and the ability to remove any appointive state officer from office
for bad conduct (66.26, 66.27). In addition, the bill eliminates the
requirement that executive council authority is needed for the auditor to
employ accountants (11.32), to distribute old Iowa Codes (18.95), to
contract for workers' compensation services (19A.32), for the workers'
compensation commissioner to enter into certain contracts (86.8), to set the
salary of certain licensing board secretaries and directors (147.102,
147.103A, 152.2), to permit certain out-of-state travel (217.20, 421.38),
and to approve the sale of park lands or islands by the natural resource
commission (461A). The bill also eliminates the ability of the executive
council to review the decision of the administrator of the physical
resources division granting a state agency request for direct purchasing
(18.6), or to review the decision of the administrator of the physical
resources division resolving a dispute involving purchasing from Iowa state
industries.
The following duties, powers, and responsibilities of the executive council
are transferred to the governor: the responsibility for establishing the
state employee deferred compensation plan, the ability to employ special
counsel in lieu of the attorney general (13.3, 13.7), the ability to
authorize indebtedness for state institutions (72.2), the approval of all
contracts for the sale of bonds issued by the state (75.8), the review of
certain purchasing authority by the state board of regents (262), expending
money from the fish and game protection fund for contingencies (455A.10),
and certain boundary commission proceedings (568.14).
The following duties, powers, and responsibilities of the executive council
are transferred to the treasurer: the ability to issue state warrants in
anticipation of revenues (new 12.26A from 7D.8), the public sale of mining
camp schools (297.30), and ascertaining the value of certain securities
(492, 497.13).
The following duties, powers, and responsibilities of the executive council
are transferred to the superintendent of savings and loan associations:
duties concerning unincorporated associations (534.515).
The following duties, powers, and responsibilities of the executive council
are transferred to the attorney general's office: the control and
supervision of the civil reparations trust (668A.1).
The following duties, powers, and responsibilities of the executive council
are transferred to the state appeal board (the board consists of the
director of the department of management, the auditor of state, and the
treasurer of state): the ability to compromise certain claims (current 7D.9,
now 24A.1), the payment of court costs (current 7D.10, now 24A.2, 602.10133,
663.44), allocation to the manure storage indemnity fund (current 7D.10A,
now 24A.3, 455J.2), authorize expenditures from unappropriated funds for
certain leases and contracts by the administrator of the division of general
services (18.12), payment from a contingent fund for disasters (29A.27,
29C.20), approve requests for funds to meet emergencies relating to the
special employment security contingency fund (96.13), approve expenditures
for the payment to an owner of a killed animal (163.15, 163.51), approve
emergency funding for state fair maintenance for a natural disaster
(173.16), approve the payment of money to a city or county for the cost of a
public improvement which affects state lands (384.56, 468.43), approve the
use by the director of revenue and finance of moneys in the litigation
expense fund (441.73), and the refund of moneys relating to islands and
abandoned river channels (568.16).
The following duties, powers, and responsibilities of the executive council
are transferred to the new department of administrative services: certain
eminent domain authority (6A.1, 6A.2), the inventory of state property
(7A.30), the energy conservation lease-purchase program (current 7D.34, now
8A.106, 470.7), the authority to resolve disputes between the department of
natural resources and the state building code commissioner (current 7D.35,
now 8A.107), review of revolving fund administrative costs (18.9),
determining the status of employees in regards to the interchange of
federal, state, and local government employees (28D.6), the sale of lands
not needed for an armory (29A.57), providing suitable quarters for the
division of records and statistics (144.2), to execute the deeds for the
sale of land no longer needed for toll bridges by the state department of
transportation (313A.24, 313A.26), and the authority to manage property that
comes under the control of the state under Iowa Code chapter 569.
The following duties, powers, and responsibilities of the executive council
are transferred to the department of natural resources: authorizing the
lease of public lands for oil or gas exploration (458A.21), several duties
relating to public lands and waters under Code chapter 461A, granting
permission of any levee or drainage district to occupy and use for any
lawful levee or drainage purpose certain land owned by the state of Iowa not
under the control of any state agency (468.220).
The department of management is also designated as the agency to certify
allocation of funds to school districts from counties under Code section
161E.14 and is given the authority to review certain disputes between prison
industries and the division of general services under Code section 904.808.
The department of education is also given the authority to approve the sale
of certain school lands without an appraisement (257B.6). The utilities
board is also given the duties originally granted to the executive council
concerning Code chapter 469A relating to hydroelectric plants. Introduced
by House State Government Committee, placed on House calendar 2/26/2002,
referred to House State Government Committee and assigned to a subcommittee
Reps. Elgin, Gipp, Bradley, Jochum and T. Taylor.
http://www.legis.state.ia.us/GA/79GA/BillHistory/HF/02500/HF02556.html
H.F. 2294 A bill for an act relating to financial assistance for
preliminary engineering studies for alternative wastewater treatment and
disposal systems and making an appropriation. EXPLANATION This bill
relates to financial assistance for preliminary engineering studies for
alternative wastewater treatment and disposal systems.
The bill creates a preliminary engineering assistance fund under the control
of the department of natural resources. The bill provides that moneys in
the preliminary engineering assistance fund are appropriated to the
department for purposes of providing financial assistance to certain
qualifying communities for preliminary engineering studies to explore
alternative wastewater treatment and disposal systems for the applicant
community. The bill provides that, in order to qualify to apply for
financial assistance, an applicant must either be a city with a population
of less than 500 or an unincorporated community with a population of less
than 500 and the applicant must have either an inadequate centralized waste
collection and treatment system or collection of private waste collection
systems that may be inadequate to meet the needs of the applicant community.
Introduced by Rep. Bradley, referred to House Environmental Protection
Committee and assigned to a subcommittee of Reps. Bradley, Kettering and
Stevens. Placed on the House Calendar 2/21/2002.
http://www.legis.state.ia.us/GA/79GA/BillHistory/HF/02200/HF02294.html
H.F. 2436 A bill for an act relating to condemnation, including
service of notice when appealing an appraisement of damages in a
condemnation proceeding and application for payment of certain fees and
costs associated with a condemnation of property. EXPLANATION This
bill requires that notice of appeal of appraisement of damages in a
condemnation proceeding be filed with the district court where the property
is located within 30 days of the sheriff's mailing of the appraisement of
damages. The bill specifies that a notice of appeal of appraisement of
damages shall be personally served by the party making the appeal. The bill
provides that notice of appeal must be served on the adverse party, any
lienholders or encumbrancers of the property, and the sheriff within 30 days
of filing of the notice of appeal with the district court. The bill also
provides that, in all instances, the appealing party shall serve the notice
of appeal. The bill provides that if notice cannot be personally served,
the court may prescribe an alternative method of service.
Finally, the bill provides that an application for fees and costs occasioned
by the condemnation be filed by the landowner before adjournment of the
final compensation commission meeting held on the matter. Introduced by
Rep. Petersen, referred to House Local Government Committee and assigned to
a subcommittee of Reps. Alons, Petersen and Weidman. Placed on the House
Calendar 2/21/2002.
http://www.legis.state.ia.us/GA/79GA/BillHistory/HF/02400/HF02436.html
H.F. 2302 A bill for an act relating to the recycling of electronic
goods and the disassembling and removing of toxic parts from electronic
goods. EXPLANATION This bill requires the director of the department
of natural resources to develop a strategy and recommend to the
environmental protection commission administrative rules to implement by
January 1, 2004, a strategy for the recycling of electronic goods and the
disassembling and removing of toxic parts from electronic goods.
Introduced by Rep. Mascher, referred to House Environmental Protection
Committee, and assigned to a subcommittee of Reps. De Boef, Finch and
Mascher. Placed on the House Calendar 2/20/2002.
http://www.legis.state.ia.us/GA/79GA/BillHistory/HF/02300/HF02302.html
H.F. 2332 A bill for an act relating to the acquisition,
enforceability, and purpose of conservation easements. EXPLANATION
This bill relates to the acquisition, enforceability, and purpose of
conservation easements. Currently, the department of natural resources, any
county conservation board, and any city or agency of a city may acquire a
conservation easement, other than by means of condemnation, in land to
preserve scenic beauty, wildlife habitat, riparian lands, wetlands, or
forests, promote outdoor recreation, or otherwise conserve for the benefit
of the public the natural beauty, natural resources, and public recreation
facilities of the state. The bill adds the historical division of the
department of cultural affairs and the state archaeologist to the list of
entities which may acquire the conservation easement. The bill adds that
conservation easements may be acquired for the promotion of agriculture or
open space or for the conservation of cultural resources. The bill also
provides that a conservation easement shall be enforceable during the term
of the easement notwithstanding sections of the Code relating to reversion
or use restrictions on land and marketable record title. The bill provides
that the term "natural resources" includes, but is not limited to,
archaeological and historical resources. Introduced by Reps. Raecker and
Boal, referred to House State Government Committee and assigned to a
subcommittee of Reps. Jacobs, Chiodo and Millage. Placed on the House
Calendar 2/20/2002.
http://www.legis.state.ia.us/GA/79GA/BillHistory/HF/02300/HF02332.html
H.F. 2447 A bill for an act relating to the operation and regulation
of personal watercraft or motorboats, and to watercraft safety courses and
certificates, and subjecting violators to a penalty.
EXPLANATION This bill includes the following requirements and
restrictions regarding the operation of various types of vessels:
1. "Personal watercraft" is defined as a vessel, under 16 feet in length,
which is propelled by a water jet pump or similar machinery and is designed
to be operated by a person sitting, standing, or kneeling on the vessel.
"Motorboat" is also defined to include personal watercraft.
2. The owner or operator of any vessel operated by a motor of more than 10
horsepower, including an owner of a boat livery, shall not permit any person
under 12 years of age to operate a personal watercraft or motorboat unless
accompanied in or on the same personal watercraft or motorboat by a
responsible person of at least 18 years of age. However, commencing January
1, 2003, a person who is 12 years of age or older but less than 18 years of
age shall not operate any personal watercraft or motorboat propelled by a
motor of more than 10 horsepower unless the person has successfully
completed a department-approved watercraft safety course. A person required
to have a watercraft safety certificate shall carry and exhibit the
certificate upon request of an officer of the department. A person charged
with violating the water safety certificate requirements shall not be
convicted if the person produces in court, within a reasonable time, a
department-approved certificate. The cost of a certificate shall not exceed
$5.
3. A person shall not operate a personal watercraft at any time between
one-half hour after sunset and before eight a.m.
4. A person shall not chase or harass animals while operating a personal
watercraft.
Violations of Code section 462A.12 relating to watercraft safety
certification, safe watercraft operation, hours of operation, and harassment
of animals are punishable by a scheduled fine of $25. (Formerly HSB 600)
Introduced by House Natural Resources Committee, placed on House calendar
2/20/2002.
http://www.legis.state.ia.us/GA/79GA/BillHistory/HF/02400/HF02447.html
H.F. 2465 A bill for an act relating to the creation of a forest and
fruit tree indemnity fund and providing compensation for tree, fruit, and
nut crop losses.
EXPLANATION This bill creates a forest and fruit tree indemnity fund
in the state treasury to be administered by the department of agriculture
and land stewardship. The forest and fruit tree indemnity fund shall
consist of moneys appropriated to the indemnity fund by the general assembly
or received from the federal government. The proceeds of the forest and
fruit tree indemnity fund shall be used to reimburse persons in the business
of producing forest trees, fruit trees, fruit, or nuts from losses incurred
due to wild animals. The department of agriculture and land stewardship
shall adopt rules to establish application procedures, eligibility
requirements for reimbursement, and to provide for the assessment of damages
to the trees and related fruit or crops.
The department of agriculture and land stewardship may enter into a
memorandum of agreement with the United States department of agriculture,
animal control division, to serve as a liaison to the department of
agriculture and land stewardship for producers in this state who suffer tree
crop or related fruit damage due to wild animals. In addition, a tree
producer incurring damage from wild animals may request depredation permits
from the department of natural resources to reduce the wild animal
population. (Formerly HSB 565) Introduced by House Agriculture
Committee, placed on House calendar 2/20/2002.
http://www.legis.state.ia.us/GA/79GA/BillHistory/HF/02400/HF02465.html
H.F. 2468 A bill for an act relating to animal agriculture.
EXPLANATION This bill provides that it is the intent of the general
assembly to regulate animal agriculture. (Formerly HSB 668) Introduced by
House Agriculture Committee, placed on House calendar 2/20/2002.
http://www.legis.state.ia.us/GA/79GA/BillHistory/HF/02400/HF02468.html
S.F. 2210 A bill for an act relating to the acquisition and holding of
agricultural land by qualified enterprises, by providing for activities
related to baby chicks and fertilized chicken eggs, providing penalties, and
providing an effective date. EXPLANATION This bill creates new Code
chapter 10D. According to the bill, the purpose of the new Code chapter is
to promote economic and agricultural prosperity in this state, by providing
opportunities for leading commercial enterprises that are engaged in the
advancement of animal and human health sciences.
Code chapter 9H generally prohibits corporate entities from holding an
interest in agricultural land used in farming. Code chapter 567 also
prohibits nonalien residents and foreign governments from holding such an
interest.
The bill provides that notwithstanding any other provision of law, a
qualified enterprise may hold an interest in agricultural land for a
designated or incidental use. A qualified enterprise is a domestic or
foreign corporation, a nonprofit corporation, a limited liability company, a
cooperative association, or a foreign business. Code section 567.1 defines
a foreign business as a corporation incorporated under the laws of a foreign
country, or a business entity whether or not incorporated, in which a
majority interest is owned directly or indirectly by nonresident aliens.
The bill provides that a qualified enterprise must comply with certain
requirements in order to hold agricultural land in this state. It must file
a notice with the secretary of state by June 30, 2002, declaring an
intention to acquire or hold agricultural land under the Code chapter. It
can hold a total of not more than 1,280 acres of agricultural land, but not
more than 800 acres in any one county. In addition it can only hold the
agricultural land for a designated or incidental use. A designated use must
relate to producing baby chicks or fertile chicken eggs for sale or resale
as breeding stock or breeding stock progeny; research related to the genetic
characteristics of chickens; or the production and sale of products using
biotechnological systems or techniques for use in the manufacture of animal
vaccine, pharmaceutical, or nutriceutical products. An incidental use must
be the sale of a surplus commodity that is produced or kept on the
agricultural land, or the sale of any by-product that is produced as part of
a designated use.
The bill provides that the attorney general or a county attorney is
responsible for enforcing the provision of the new Code chapter. The bill
provides that a person violating the provisions of the Code chapter is
subject to a civil penalty of not more than $25,000 and must be divested of
any land held in violation of the chapter. Each day that a violation exists
constitutes a separate violation. The person must pay all court costs and
fees. The bill provides that a court may grant an injunction in order to
restrain violations of the chapter's provisions.
The bill also amends Code chapter 10B, which provides for reporting of
agricultural land holdings. The bill provides that a person required to
file a report pursuant to the Code chapter is not required to register with
the secretary of state under Code chapter 567. The bill takes effect upon
enactment.
(Formerly SSB 3118). Introduced by Senate Agriculture Committee, placed
on Senate calendar 2/18/2002. Passed Senate, ayes 48, nays 0, 2/25/2002, and
immediately messaged to the House. Read first time, passed on file.
Amendment H-8127 filed.
http://www.legis.state.ia.us/GA/79GA/BillHistory/SF/02200/SF02210.html
H.F. 2417 A bill for an act relating to statewide standards,
site-specific cleanup standards, and public participation in the Iowa land
recycling and environmental remediation standards Act. EXPLANATION
This bill amends the Iowa land recycling and environmental remediation
standards Act in Code chapter 455H by amending the considerations for
establishing the statewide standards, site- specific standards, amending the
considerations for establishing site-specific cleanup standards and
appropriate response actions, and adding a public participation component
for all sites in the program.
The bill amends the criteria which must be considered when establishing
statewide standards. The bill provides that, in groundwater which is a
protected groundwater source, the standards shall be the maximum contaminant
levels established pursuant to the department's drinking water standards or,
for contaminants that do not have established drinking water standards, the
standards shall be derived in a manner comparable to that used for
establishment of drinking water standards. The bill provides that, in
groundwater which is not a protected groundwater source, the standards shall
be no more protective than a standard reflecting an increased cancer risk of
one in 10,000 from exposure to contaminants that are known or probable human
carcinogens; a standard reflecting a noncancer health risk of one-tenth from
exposure to contaminants that are possible human carcinogens; or a standard
reflecting a noncancer health risk of one from exposure to contaminants that
are not known, probable, or possible human carcinogens. The bill provides
that, in soil, the standards shall be no more protective than a standard
reflecting an increased cancer risk of five in one million from exposure to
contaminants that are known or probable human carcinogens; a standard
reflecting a noncancer health risk of one-tenth from exposure to
contaminants that are possible human carcinogens; or a standard reflecting a
noncancer health risk of one from exposure to contaminants that are not
known, probable, or possible human carcinogens.
The bill provides that the amended statewide standards assume exposure to
individual contaminants in groundwater or soil. The bill provides that, if
one or more contaminants exist in a medium or exposure to contaminants can
occur from more than one medium, standards shall be adjusted to reflect a
cumulative increased cancer risk that is no less protective than one in
10,000 and a cumulative noncancer health risk to the same target human organ
that is no less protective than one. The bill provides that risks
associated with background levels of contaminants shall not be included in
the cumulative risk determination.
The bill amends the criteria that must be considered in establishing
site-specific standards and appropriate response actions. The bill provides
that cleanup shall not be required in an affected area that does not present
an increased cancer risk from a single contaminant at the point of exposure
of five in 1,000,000 for residential areas or one in 10,000 for
nonresidential areas, an increased cancer risk from multiple contaminants or
multiple routes of exposure greater than one in 10,000, an increased
noncancer health risk from a single contaminant at the point of exposure of
greater than one, or greater than one-tenth for possible carcinogens, or an
increased noncancer risk to the same target human organ from multiple
contaminants or multiple routes of exposure greater than one.
The bill adds a required public participation component for participants for
all sites enrolled in the land recycling program. The bill provides that
the level of participation shall vary depending on the conditions existing
at the site and shall range from notification provisions to public notice in
local newspapers. The bill provides that the department shall consider
reasonable comments from potentially affected parties in determining whether
to approve or disapprove a proposed response action or site closure.
(Formerly HSB 644) Introduced by House Environmental Protection Committee
and, placed on House calendar 2/19/2002. Amendment H-8088 filed, adopted.
Passed House, ayes 93, nays 0, 3/6/2002, and immediately messaged to the
Senate. Read first time, referred to Senate Natural Resources & Environment
Committee.
http://www.legis.state.ia.us/GA/79GA/BillHistory/HF/02400/HF02417.html
H.F. 2418 A bill for an act relating to the applicability of the
thermal efficiency energy conservation standards in the state building code.
EXPLANATION This bill relates to the minimum energy efficiency standards
in the state building code. The bill provides that a governmental
subdivision may adopt or enact a minimum energy standard which is
substantially in accordance and consistent with applicable federal standards
and with the provisions adopted or recommended by a nationally recognized
organization. (Formerly HF 2084) Introduced by House State Government
Committee and, placed on House calendar 2/19/2002. Amendment H-8160, H-8193
filed.
http://www.legis.state.ia.us/GA/79GA/BillHistory/HF/02400/HF02418.html
H.F. 2405 A bill for an act relating to the acquisition and holding of
agricultural land by qualified enterprises, by providing for activities
related to baby chicks and fertilized chicken eggs, providing penalties, and
providing an effective date. EXPLANATION This bill creates new Code
chapter 10D. According to the bill, the purpose of the new Code chapter is
to promote economic and agricultural prosperity in this state, by providing
opportunities for leading commercial enterprises that are engaged in the
advancement of animal and human health sciences.
Code chapter 9H generally prohibits corporate entities from holding an
interest in agricultural land used in farming. Code chapter 567 also
prohibits nonalien residents and foreign governments from holding such an
interest.
The bill provides that notwithstanding any other provision of law, a
qualified enterprise may hold an interest in agricultural land for a
designated or incidental use. A qualified enterprise is a domestic or
foreign corporation, a nonprofit corporation, a limited liability company, a
cooperative association, or a foreign business. Code section 567.1 defines
a foreign business as a corporation incorporated under the laws of a foreign
country, or a business entity whether or not incorporated, in which a
majority interest is owned directly or indirectly by nonresident aliens.
The bill provides that a qualified enterprise must comply with certain
requirements in order to hold agricultural land in this state. It must file
a notice with the secretary of state by June 30, 2002, declaring an
intention to acquire or hold agricultural land under the Code chapter. It
can hold a total of not more than 1,280 acres of agricultural land, but not
more than 800 acres in any one county. In addition it can only hold the
agricultural land for a designated or incidental use. A designated use must
relate to producing baby chicks or fertile chicken eggs for sale or resale
as breeding stock or breeding stock progeny; research related to the genetic
characteristics of chickens; or the production and sale of products using
biotechnological systems or techniques for use in the manufacture of animal
vaccine, pharmaceutical, or nutriceutical products. An incidental use must
be the sale of a surplus commodity that is produced or kept on the
agricultural land, or the sale of any by-product that is produced as part of
a designated use.
The bill provides that the attorney general or a county attorney is
responsible for enforcing the provision of the new Code chapter. The bill
provides that a person violating the provisions of the Code chapter is
subject to a civil penalty of not more than $25,000 and must be divested of
any land held in violation of the chapter. Each day that a violation exists
constitutes a separate violation. The person must pay all court costs and
fees. The bill provides that a court may grant an injunction in order to
restrain violations of the chapter's provisions.
The bill also amends Code chapter 10B, which provides for reporting of
agricultural land holdings. The bill provides that a person required to
file a report pursuant to the Code chapter is not required to register with
the secretary of state under Code chapter 567. The bill takes effect upon
enactment. (Formerly HSB 643) Introduced by House Agriculture Committee
and placed on the House Calendar 2/18/2002. Amendment H-8124 filed.
http://www.legis.state.ia.us/GA/79GA/BillHistory/HF/02400/HF02405.html
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