Bills › 88th General Assembly
Relating to the regulation of objectionable odors and providing penalties
Topics:Cities & counties
Where it is now
- Done: IntroducedFebruary 18, 2019
- Stopped: SubcommitteeDied when the General Assembly ended
- Next: House committee
- Next: Passes the House
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill creates an administrative system to regulate objectionable odors. The bill places responsibility for investigating odor complaints and enforcing compliance orders with the department of public health. The department or a county health department shall respond to a complaint and use a scent-detecting device to determine whether an odor is objectionable. After the department or a county health department determines that an odor is objectionable, the department may issue a compliance order.
Read the full explanation
A person may appeal the issuance of a compliance order to the state board of health. A violation of the terms of a compliance order is punishable by a civil penalty of $10,000 per day for each day a violation occurs. Enforcement under the bill does not preclude a person from proceeding in a nuisance action for the objectionable odor. The bill requires the department to adopt rules to administer provisions of the bill.