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H0283aa...................................................by WAYS AND MEANS
CAFO - SITING - Amends existing law to revise provisions relating to the
regulation of the siting of certain confined animal feeding operations by
boards of county commissioners; to revise provisions relating to public
hearings relating to the siting of certain confined animal feeding
operations; to provide for the rejection of a site by boards of county
commissioners; to strike an exemption; and to strike a provision relating
to voluntary application.
02/20 House intro - 1st rdg - to printing
02/21 Rpt prt - to Agric Aff
03/05 Rpt out - to Gen Ord
Rpt out amen - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/12 3rd rdg as amen - PASSED - 66-3-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst(Wallace),
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Raybould, Ridinger, Ring, Roberts, Robison, Rydalch, Sali,
Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- Boe, Martinez, Ringo
Absent and excused -- Cuddy
Floor Sponsor - Stevenson
Title apvd - to Senate
03/13 Senate intro - 1st rdg - to Agric Aff
03/28 Rpt out - rec d/p - to 2nd rdg
03/31 2nd rdg - to 3rd rdg
04/07 3rd rdg - PASSED - 30-5-0
AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Hill, Ingram, Keough, Little, Lodge, Marley, McKenzie, McWilliams,
Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Sweet,
Werk, Williams
NAYS -- Brandt, Goedde, Kennedy, Malepeai(Kumm), Stennett
Absent and excused -- None
Floor Sponsor - Noh
Title apvd - to House
04/08 To enrol
04/09 Rpt enrol - Sp signed - Pres signed
04/10 To Governor
04/15 Governor signed
Session Law Chapter 297
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 283
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO LOCAL LAND USE PLANNING; AMENDING SECTION 67-6529, IDAHO CODE, TO
3 REVISE PROVISIONS RELATING TO REGULATION OF THE SITING OF CERTAIN CONFINED
4 ANIMAL FEEDING OPERATIONS BY BOARDS OF COUNTY COMMISSIONERS, TO REVISE
5 PROVISIONS RELATING TO PUBLIC HEARINGS RELATING TO SITING OF CERTAIN CON-
6 FINED ANIMAL FEEDING OPERATIONS AND TO PROVIDE FOR THE REJECTION OF A SITE
7 BY BOARDS OF COUNTY COMMISSIONERS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 67-6529, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 67-6529. APPLICABILITY TO AGRICULTURAL LAND -- COUNTIES MAY REGULATE SIT-
12 ING OF CERTAIN ANIMAL OPERATIONS AND FACILITIES. (1) No power granted hereby
13 shall be construed to empower a board of county commissioners to enact any
14 ordinance or resolution which deprives any owner of full and complete use of
15 agricultural land for production of any agricultural product. Agricultural
16 land shall be defined by local ordinance or resolution.
17 (2) Notwithstanding any provision of law to the contrary, a board of
18 county commissioners may shall enact ordinances and resolutions to regulate
19 the siting of large confined animal feeding operations and facilities, as they
20 shall be defined by the board, provided however, that the definition of a con-
21 fined animal feeding operation shall not be less restrictive than the defini-
22 tion contained in section 67-6529C, Idaho Code, including the approval or
23 rejection of sites for the operations and facilities. At a minimum, a county's
24 ordinance or resolution shall provide that the board of county commissioners
25 may reject a site regardless of the approval or rejection of the site by a
26 state agency. A board of county commissioners undertaking such regulation
27 shall hold at least one (1) public hearing affording the public an opportunity
28 to comment on each proposed site before the siting of such facility. Several
29 sites may be considered at any one (1) public hearing. Only members of the
30 public with their primary residence within a one (1) mile radius of a proposed
31 site may provide comment at the hearing. However, this distance may be
32 increased by the board. A record of each hearing and comments received shall
33 be made by the board. The comments shall be duly considered by the board when
34 deciding whether to approve or reject a proposed site. A board of county com-
35 missioners may reject a site regardless of the approval or rejection of the
36 site by a state agency. A board of county commissioners with a process in
37 place on January 1, 2000, for the siting of large confined animal feeding
38 operations and facilities is exempt from the requirements of this subsection
39 but may choose to operate under this subsection.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Stevenson
Seconded by Bolz
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 283
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 36, delete "A board of county com-
3 missioners with a process in", delete lines 37 through 39 and insert: "A board
4 of county commissioners with a process in place on January 1, 2000, for the
5 siting of large confined animal feeding operations and facilities is exempt
6 from the requirements of this subsection but may choose to operate under this
7 subsection.".
8 CORRECTION TO TITLE
9 On page 1, in line 6, delete "AND" and insert: ","; and in line 7, follow-
10 ing "COMMISSIONERS" insert: ", TO STRIKE AN EXEMPTION AND TO STRIKE A PROVI-
11 SION RELATING TO VOLUNTARY APPLICATION".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 283, As Amended
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO LOCAL LAND USE PLANNING; AMENDING SECTION 67-6529, IDAHO CODE, TO
3 REVISE PROVISIONS RELATING TO REGULATION OF THE SITING OF CERTAIN CONFINED
4 ANIMAL FEEDING OPERATIONS BY BOARDS OF COUNTY COMMISSIONERS, TO REVISE
5 PROVISIONS RELATING TO PUBLIC HEARINGS RELATING TO SITING OF CERTAIN CON-
6 FINED ANIMAL FEEDING OPERATIONS, TO PROVIDE FOR THE REJECTION OF A SITE BY
7 BOARDS OF COUNTY COMMISSIONERS, TO STRIKE AN EXEMPTION AND TO STRIKE A
8 PROVISION RELATING TO VOLUNTARY APPLICATION.
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 shall enact ordinances and resolutions to regulate
20 the siting of large confined animal feeding operations and facilities, as they
21 shall be defined by the board, provided however, that the definition of a con-
22 fined animal feeding operation shall not be less restrictive than the defini-
23 tion contained in section 67-6529C, Idaho Code, including the approval or
24 rejection of sites for the operations and facilities. At a minimum, a county's
25 ordinance or resolution shall provide that the board of county commissioners
26 may reject a site regardless of the approval or rejection of the site by a
27 state agency. A board of county commissioners undertaking such regulation
28 shall hold at least one (1) public hearing affording the public an opportunity
29 to comment on each proposed site before the siting of such facility. Several
30 sites may be considered at any one (1) public hearing. Only members of the
31 public with their primary residence within a one (1) mile radius of a proposed
32 site may provide comment at the hearing. However, this distance may be
33 increased by the board. A record of each hearing and comments received shall
34 be made by the board. The comments shall be duly considered by the board when
35 deciding whether to approve or reject a proposed site. A board of county com-
36 missioners may reject a site regardless of the approval or rejection of the
37 site by a state agency. A board of county commissioners with a process in
38 place on January 1, 2000, for the siting of large confined animal feeding
39 operations and facilities is exempt from the requirements of this subsection
40 but may choose to operate under this subsection.
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STATEMENT OF PURPOSE
RS 13045
Large confined animal feeding operations ("CAFO") are sited
in various counties throughout the State. Such operations,
provide numerous benefits to citizens of Idaho; however their
effects are borne by citizens who reside in close proximity to
CAFOs. The purpose of this legislation is to recognize the
importance of local concerns regarding the siting of CAFOs by
mandating that county boards of commissioners enact ordinances
and resolutions regulating the siting of such operations; and
requiring that no fewer than one public meeting be held wherein
citizens whose primary residence is within one (1) mile, or such
greater distance as determined by the county board of
commissioners, of the proposed site may provide input to be
considered in the county's siting decisions.
FISCAL IMPACT
There will be no fiscal impact on the general fund.
Contact
Name: Rep. John A. "Bert" Stevenson
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 283