HB 1197-2_ Filed 02/19/2007, 10:48 Stutzman


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1197 be amended to read as follows:

SOURCE: Page 1, line 8; (07)MO119707.1. -->     Page 1, line 8, delete "A" and insert " (a) Except as provided in subsection (b), and subject to subsection (d), a".
    Page 1, line 10, delete "one (1)" and insert " one-half (1/2)".
    Page 1, line 10, after "boundary of" insert " a municipality.
     (b) Subsection (a) does not apply to construction that:
        (1) is:
            (A) an expansion of an existing confined feeding operation or CAFO; or
            (B) construction of a new confined feeding operation or CAFO proposed to be located within one-half (1/2) mile of the boundary of a municipality that is located within one-half (1/2) mile of a confined feeding operation or CAFO that:
                (i) existed; or
                (ii) was under construction;
            on March 1, 2007; and
        (2) is proposed by a person that has not committed in the five (5) years that immediately precede the date referred to in subsection (c) a violation of:
            (A) the environmental management laws; or
            (B) a rule adopted by the board;
        as determined by the department.
    (c) The date referred to in subsection (b)(2) is the applicable date as follows:
        (1) The date the department of environmental management approves the initial construction or expansion construction of a confined feeding operation or a CAFO under section 1 of this chapter.

         (2) With respect to a CAFO to which subdivision (1) does not apply, either of the following:
            (A) The date the department of environmental management approves a NPDES permit for the initial construction or expansion construction of the CAFO under 327 IAC 5.
            (B) The date a notice of intent is filed for general NPDES permit coverage for the initial construction or expansion construction of the CAFO under 327 IAC 15.
    (d) A person that proposes construction as described in subsection (a) may appeal to:
        (1) the local zoning authority that has jurisdiction where the facility is to be located; or
        (2) the county executive if the facility is to be located in a county that does not zone under IC 36-7-4;
for an exemption from the
one-half (1/2) mile limitation under subsection (a). The person must specify in the appeal petition the reasons that justify the exemption.
    (e) A local zoning authority or county executive that receives an appeal petition under subsection (d) shall do the following:
        (1) Publish notice under IC 5-3-1 of a public hearing on the appeal. The public hearing must be held not later than forty-five (45) days after the date of filing of the appeal petition under subsection (d).
        (2) Hold the public hearing, taking testimony from the appellant and the public on the appeal.
        (3) Conduct any inquiry or investigation that the local zoning authority or county executive considers necessary before making a determination.
    (f) A local zoning authority or county executive may grant an appeal under subsection (d) for exemption from the one-half (1/2) mile limitation under subsection (a) only if the local zoning authority or county executive determines that granting the appeal is consistent with the public health, safety, and welfare.
    (g) After a public hearing held under subsection (e), the local zoning authority or county executive shall:
        (1) make a written determination on the appeal petition; and
        (2) give notice of the determination to:
            (A) the appellant; and
            (B) the department;
        not later than thirty (30) days after the date of the public hearing, unless the local zoning authority or county executive and the appellant agree to a longer time.
".
    Page 1, delete lines 11 through 16.
    Page 2, line 11 delete "if the limitation in section" and insert " if:
            (A) the limitation in section 1.5(a) of this chapter applies to; or
            (B) an appeal is pending under section 1.5(d) of this chapter with respect to;
        the facility that is the subject of the application.
".
    Page 2, delete lines 12 through 13.
    Page 4, between lines 26 and 27, begin a new paragraph and insert:
SOURCE: IC 13-18-10-11; (07)MO119707.9. -->     "SECTION 9. IC 13-18-10-11 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 11. If:
        (1) a court action is brought against an owner or operator of a confined feeding operation, including a CAFO, by a person other than a political subdivision or a state agency; and
        (2) the action includes a complaint against any aspect of the construction or operation of the confined feeding operation or CAFO;
the party prevailing in the action is entitled to recover the costs of the action, including reasonable attorney's fees as determined by the court.

SOURCE: IC 13-18-10-12; (07)MO119707.10. -->     SECTION 10. IC 13-18-10-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 12. The department shall revoke an approval or permit under which a person is allowed to construct or operate a confined feeding operation, including a CAFO, at the time of the third occurrence of either of the following:
        (1) The person is convicted under IC 13-30-6.
        (2) A civil penalty is imposed on the person under IC 13-30-4, except for a civil penalty for a minor violation as described in IC 13-30-4-3(a).
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1197 as printed February 16, 2007.)

________________________________________

Representative Stutzman


MO119707/DI 52     2007