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H0653...............................................by AGRICULTURAL AFFAIRS
CONCENTRATED ANIMAL FEEDING OPERATIONS - Amends existing law to provide
authority to the board of county commissioners to regulate the siting of
large confined or concentrated animal feeding operations and facilities; to
require a public hearing and consideration of comments; to provide an
exemption for counties with an existing siting process; and to provide that
exempt counties may choose to regulate siting.
02/21 House intro - 1st rdg - to printing
02/22 Rpt prt - to Agric Aff
03/03 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 64-0-6
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Marley,
McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Wheeler, Wood, Mr Speaker
NAYS -- None Total -- 0
Absent and excused -- Campbell, Gould, Hansen(29), Mader, Trail,
Zimmermann
Floor Sponsor - Jones
Title apvd - to Senate
03/13 Senate intro - 1st rdg - to Agric Aff
03/21 Rpt out - rec d/p - to 2nd rdg
03/22 2nd rdg - to 3rd rdg
04/03 3rd rdg - PASSED - 34-1-0
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Walton, Wheeler, Williams
NAYS--Whitworth
Absent and excused--None
Floor Sponsor - Burtenshaw
Title apvd - to House
04/04 To enrol - rpt enrol - Sp signed
04/05 Pres signed - to Governor
04/12 Governor signed
Session Law Chapter 217
Effective: 04/12/00
H0653
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 653
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LOCAL LAND USE PLANNING; AMENDING SECTION 67-6529, IDAHO CODE, TO
3 PROVIDE AUTHORITY TO BOARDS OF COUNTY COMMISSIONERS TO REGULATE THE SITING
4 OF LARGE CONFINED OR CONCENTRATED ANIMAL FEEDING OPERATIONS AND FACILI-
5 TIES, TO REQUIRE A PUBLIC HEARING AND CONSIDERATION OF COMMENTS, TO PRO-
6 VIDE AN EXEMPTION FOR COUNTIES WITH AN EXISTING SITING PROCESS AND TO PRO-
7 VIDE THAT EXEMPT COUNTIES MAY CHOOSE TO REGULATE SITING; AND DECLARING AN
8 EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 67-6529, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 67-6529. APPLICABILITY TO AGRICULTURAL LAND -- COUNTIES MAY REGULATE SIT-
13 ING OF CERTAIN ANIMAL OPERATIONS AND FACILITIES. (1) No power granted hereby
14 shall be construed to empower a board of county commissioners to enact any
15 ordinance or resolution which deprives any owner of full and complete use of
16 agricultural land for production of any agricultural product. Agricultural
17 land shall be defined by local ordinance or resolution.
18 (2) Notwithstanding any provision of law to the contrary, a board of
19 county commissioners may enact ordinances and resolutions to regulate the sit-
20 ing of large confined animal feeding operations and facilities, as they shall
21 be defined by the board, including the approval or rejection of sites for the
22 operations and facilities. A board of county commissioners may reject a site
23 regardless of the approval or rejection of the site by a state agency. A board
24 of county commissioners undertaking such regulation shall hold at least one
25 (1) public hearing affording the public an opportunity to comment on each pro-
26 posed site. Several sites may be considered at any one (1) public hearing.
27 Only members of the public with their primary residence within a one (1) mile
28 radius of a proposed site may provide comment at the hearing. However, this
29 distance may be increased by the board. A record of each hearing and comments
30 received shall be made by the board. The comments shall be duly considered by
31 the board when deciding whether to approve or reject a proposed site. A board
32 of county commissioners with a process in place on January 1, 2000, for the
33 siting of large confined animal feeding operations and facilities is exempt
34 from the requirements of this subsection but may choose to operate under this
35 subsection.
36 SECTION 2. An emergency existing therefor, which emergency is hereby
37 declared to exist, this act shall be in full force and effect on and after its
38 passage and approval.
STATEMENT OF PURPOSE
RS1005BC1
This legislation will clarify that county commissions do have authority to approve
siting of large animal facilities.
FISCAL NOTE
No fiscal impact
CONTACT: Rep. Jones
332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE H 653