HB 1197-1_ Filed 02/19/2007, 10:08 Lehe
Adopted 2/20/2007


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    WITHDRAWN        Noes _______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 5, line 12; (07)MO119704.5. -->     Page 5, between lines 12 and 13, begin a new paragraph and insert:
SOURCE: ; (07)MO119704.12. -->     "SECTION 12. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "facility" means either of the following:
        (1) A new concentrated animal feeding operation as defined in IC 13-11-2-38.3.
         (2) A new confined feeding operation as defined in IC 13-11-2-40.
     (b) As used in this SECTION, "facility approval date" refers to either of the following:
        (1) The date the department of environmental management approves a facility under IC 13-18-10-1.

         (2) With respect to a facility 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 facility under 327 IAC 5.
            (B) The date a notice of intent is filed for general NPDES permit coverage for the facility under 327 IAC 15.

     (c) As used in this SECTION, "facility ordinance" refers to an ordinance that regulates any of the following with respect to a facility:
        (1) Location.
        (2) Construction.
        (3) Operation.
    (d) As used in this SECTION, "legislative body" has the meaning set forth in IC 36-1-2-9.
    (e) A facility ordinance may retroactively regulate a facility only if:
        (1) the legislative body of the county adopts the facility ordinance:
            (A) after the effective date of this SECTION;
            (B) before January 1, 2008; and
            (C) not later than ninety (90) days after the facility approval date; and
        (2) on the date the legislative body adopts the facility ordinance under subdivision (1) the county does not have a facility ordinance is in effect.
    (f) This SECTION expires January 1, 2008.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1197 as printed February 16, 2007.)

________________________________________

Representative Lehe


MO119704/DI 52     2007