Bill Text: IA HF2281 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act providing that an animal feeding operation constitutes a per se interference with the comfortable use and enjoyment of life or property of a person residing in proximity to the animal feeding operation.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2024-02-01 - Introduced, referred to Agriculture. H.J. 182. [HF2281 Detail]
Download: Iowa-2023-HF2281-Introduced.html
House
File
2281
-
Introduced
HOUSE
FILE
2281
BY
STAED
,
CROKEN
,
AMOS
JR.
,
LEVIN
,
KURTH
,
STECKMAN
,
MADISON
,
KRESSIG
,
BROWN-POWERS
,
GAINES
,
ABDUL-SAMAD
,
and
JACOBY
A
BILL
FOR
An
Act
providing
that
an
animal
feeding
operation
constitutes
a
1
per
se
interference
with
the
comfortable
use
and
enjoyment
2
of
life
or
property
of
a
person
residing
in
proximity
to
the
3
animal
feeding
operation.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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2281
Section
1.
Section
657.11,
subsection
2,
Code
2024,
is
1
amended
to
read
as
follows:
2
2.
a.
An
animal
feeding
operation,
as
defined
in
section
3
459.102
,
shall
not
be
found
to
be
a
public
or
private
nuisance
4
under
this
chapter
or
under
principles
of
common
law,
and
the
5
animal
feeding
operation
shall
not
be
found
to
interfere
with
6
another
person’s
comfortable
use
and
enjoyment
of
the
person’s
7
life
or
property
under
any
other
cause
of
action
brought
by
a
8
person
.
9
b.
However,
this
section
shall
not
apply
if
the
person
10
bringing
the
cause
of
action
proves
that
any
of
the
following:
11
(1)
That
an
injury
to
the
person
or
damage
to
the
person’s
12
property
is
proximately
caused
by
either
of
the
following:
13
a.
(a)
The
failure
to
comply
with
a
federal
statute
or
14
regulation
or
a
state
statute
or
rule
which
applies
to
the
15
animal
feeding
operation.
16
b.
(b)
Both
of
the
following:
17
(1)
(i)
The
animal
feeding
operation
unreasonably
and
18
for
substantial
periods
of
time
interferes
with
the
person’s
19
comfortable
use
and
enjoyment
of
the
person’s
life
or
property.
20
(2)
(ii)
The
animal
feeding
operation
failed
to
use
21
existing
prudent
generally
accepted
management
practices
22
reasonable
for
the
operation.
23
(2)
The
animal
feeding
operation
constitutes
a
per
se
24
interference
with
the
comfortable
use
and
enjoyment
of
life
or
25
property
of
the
person
bringing
the
cause
of
action
as
provided
26
in
section
657.12.
27
Sec.
2.
Section
657.11A,
subsection
5,
Code
2024,
is
amended
28
to
read
as
follows:
29
5.
This
section
shall
not
apply
if
the
under
any
of
the
30
following
circumstances:
31
a.
The
person
bringing
the
action
proves
that
the
public
32
or
private
nuisance
or
interference
with
another
the
person’s
33
comfortable
use
and
enjoyment
of
the
person’s
life
or
property
34
under
any
other
cause
of
action
is
proximately
caused
by
any
35
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of
the
following:
1
a.
(1)
The
failure
to
comply
with
a
federal
statute
or
2
regulation
or
a
state
statute
or
rule
which
applies
to
the
3
animal
feeding
operation.
4
b.
(2)
The
failure
to
use
existing
prudent
generally
5
utilized
management
practices
reasonable
for
the
animal
feeding
6
operation.
7
b.
The
animal
feeding
operation
constitutes
a
per
se
8
interference
with
the
comfortable
use
and
enjoyment
of
life
or
9
property
of
the
person
bringing
the
cause
of
action
as
provided
10
in
section
657.12.
11
Sec.
3.
NEW
SECTION
.
657.12
Animal
agriculture
——
promotion
12
of
responsible
animal
feeding
operations
——
per
se
interference.
13
1.
An
animal
feeding
operation
constitutes
a
per
se
14
interference
with
the
comfortable
use
and
enjoyment
of
life
15
or
property
of
a
person
residing
within
one
mile
of
an
animal
16
feeding
operation
as
defined
in
section
459.102,
if
all
of
the
17
following
apply:
18
a.
It
is
more
likely
than
not
that
the
animal
feeding
19
operation
is
the
source
of
the
odor.
20
b.
An
odor
measurement
is
taken
by
an
official
of
the
21
department
of
natural
resources
who
has
successfully
completed
22
a
department-sponsored
odor
certification
course
and
has
23
demonstrated
the
ability
to
distinguish
various
odor
samples
24
and
concentrations.
The
departmental
official
shall
use
a
25
properly
maintained
scentometer,
an
odor
panel,
or
another
26
instrument
or
method
approved
by
the
department.
The
odor
27
measurement
must
comply
with
ASTM
E679-04
standards
and
shall
28
be
taken
at
a
location
within
fifty
feet
the
person’s
residence
29
closest
to
the
animal
feeding
operation.
30
c.
The
departmental
official
measures
seven
odor
31
concentration
units
or
higher
when
conducting
an
odor
32
measurement
on
five
different
days
during
normal
conditions
in
33
a
two-month
period
from
May
1
to
September
30.
34
d.
The
departmental
official
certifies
the
results
of
the
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odor
measurement.
1
2.
The
department
shall
not
conduct
an
odor
measurement
on
2
the
same
property
more
than
ten
times
in
any
twenty-four-month
3
period.
4
3.
All
distances
shall
be
measured
from
their
closest
5
points.
6
4.
The
department
shall
report
the
finding
and
results
of
7
any
odor
measurement
to
the
person
residing
at
the
residence
8
and
the
owner
or
operator
of
the
animal
feeding
operation.
The
9
owner
or
operator
may
contest
the
certification
as
a
contested
10
case
proceeding
under
chapter
17A.
The
department
shall
report
11
any
certification
on
its
internet
site.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
BACKGROUND.
This
bill
provides
for
a
cause
of
action
against
16
an
animal
feeding
operation
(AFO)
based
on
odor
originating
17
from
the
operation.
An
animal
feeding
operation
refers
to
a
18
place
where
agricultural
animals
(e.g.,
horses,
cattle,
swine,
19
sheep,
goats,
turkeys,
poultry,
and
fish)
are
confined,
fed,
20
and
maintained
for
45
days
or
more
in
any
12-month
period
21
without
supporting
vegetation
and
includes
confinement
feeding
22
operations
(Code
chapter
459)
and
open
feedlot
operations
23
(Code
chapter
459A).
The
doctrine
of
nuisance
has
been
24
developed
by
the
common
law
but
in
Iowa
is
also
set
forth
by
25
general
statute
(Code
chapter
657).
Under
both
sources
of
26
law,
a
cause
of
action
may
be
brought
by
a
plaintiff
based
27
on
an
allegation
that
the
defendant
is
interfering
with
the
28
plaintiff’s
comfortable
use
and
enjoyment
of
life
or
property.
29
The
Code
chapter
includes
two
special
provisions
applicable
to
30
that
cause
of
action
involving
an
AFO.
Generally,
in
order
to
31
proceed
with
a
cause
of
action
in
that
case,
the
plaintiff
must
32
prove
that
that
owner
or
operator
of
the
AFO
either
violated
33
applicable
federal
or
state
law
or
failed
to
use
existing
34
prudent,
generally
accepted
management
practices
reasonable
for
35
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the
operation
(Code
section
657.11).
In
addition,
compensatory
1
damages
in
such
an
action
are
limited
to
(1)
the
diminution
2
in
the
fair
market
value
of
a
person’s
real
property;
(2)
the
3
adverse
effect
on
a
person’s
past,
present,
and
future
health
4
condition
based
on
objective
and
documented
medical
evidence;
5
and
(3)
special
damages
such
as
annoyance
and
the
loss
of
the
6
comfortable
use
and
enjoyment
of
real
property
not
to
exceed
7
one
and
one-half
times
the
damages
awarded
for
the
diminution
8
of
the
fair
market
value
of
the
person’s
real
property
and
the
9
person’s
adverse
health
condition
(Code
section
657.11A).
10
BILL’S
PROVISIONS.
The
bill
carves
out
an
exception
from
11
those
statutory
protections
afforded
to
an
AFO
when
the
cause
12
of
action
is
based
on
odor.
The
bill
provides
that
in
such
a
13
case,
an
AFO
constitutes
a
per
se
nuisance
if
the
plaintiff
14
proves
four
elements.
First,
the
plaintiff’s
residence
must
15
be
located
within
one
mile
of
the
AFO.
Second,
it
must
be
more
16
likely
than
not
that
the
AFO
is
the
source
of
odor.
Third,
17
an
official
from
the
department
of
natural
resources
(DNR)
18
must
take
an
odor
measurement
using
standardized
equipment
19
and
procedures
at
a
specific
location
near
the
plaintiff’s
20
residence
at
a
point
closest
to
the
AFO.
Finally,
the
DNR
21
official
must
measure
seven
concentration
units
or
higher
of
22
the
odor
on
five
different
occasions
during
normal
seasonal
23
conditions
during
a
2-month
period
from
May
1
until
September
24
30.
25
The
DNR
cannot
conduct
an
odor
measurement
at
the
same
26
property
more
than
10
times
in
any
24-month
period.
The
DNR
27
must
report
the
finding
and
results
of
any
odor
measurement
28
to
the
person
residing
at
the
residence
and
the
owner
or
29
operator
of
the
AFO.
The
owner
or
operator
may
contest
the
30
certification
as
a
contested
case
proceeding
under
Code
chapter
31
17A.
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