2004 Legislation
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HOUSE BILL NO. 730 – CAFO, public hearings, testimony

HOUSE BILL NO. 730

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Bill Status



H0730......................................................by STATE AFFAIRS
CONFINED FEEDING OPERATIONS - Amends existing law to strike a restriction
entitling only certain persons to provide comment at public hearings held
by boards of county commissioners for the siting of certain large confined
animal feeding operations and facilities.
                                                                        
02/19    House intro - 1st rdg - to printing
02/20    Rpt prt - to Agric Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 730
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LOCAL LAND USE PLANNING AND APPLICABILITY  TO  AGRICULTURAL  LAND;
  3        AMENDING  SECTION  67-6529,  IDAHO CODE, TO STRIKE A RESTRICTION ENTITLING
  4        ONLY CERTAIN PERSONS TO PROVIDE COMMENT AT PUBLIC HEARINGS HELD BY  BOARDS
  5        OF  COUNTY  COMMISSIONERS  FOR THE SITING OF CERTAIN LARGE CONFINED ANIMAL
  6        FEEDING OPERATIONS AND FACILITIES.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 67-6529, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        67-6529.  APPLICABILITY TO AGRICULTURAL LAND -- COUNTIES MAY REGULATE SIT-
 11    ING  OF  CERTAIN ANIMAL OPERATIONS AND FACILITIES. (1) No power granted hereby
 12    shall be construed to empower a board of county  commissioners  to  enact  any
 13    ordinance  or  resolution which deprives any owner of full and complete use of
 14    agricultural land for production of  any  agricultural  product.  Agricultural
 15    land shall be defined by local ordinance or resolution.
 16        (2)  Notwithstanding  any  provision  of  law  to the contrary, a board of
 17    county commissioners shall enact ordinances and resolutions  to  regulate  the
 18    siting  of  large  confined  animal feeding operations and facilities, as they
 19    shall be defined by the board, provided however, that the definition of a con-
 20    fined animal feeding operation shall not be less restrictive than the  defini-
 21    tion  contained  in  section  67-6529C,  Idaho Code, including the approval or
 22    rejection of sites for the operations and facilities. At a minimum, a county's
 23    ordinance or resolution shall provide that the board of  county  commissioners
 24    shall hold at least one (1) public hearing affording the public an opportunity
 25    to  comment  on each proposed site before the siting of such facility. Several
 26    sites may be considered at any one (1) public hearing.  Only  members  of  the
 27    public with their primary residence within a one (1) mile radius of a proposed
 28    site  may  provide  comment  at  the  hearing.  However,  this distance may be
 29    increased by the board. A record of each hearing and comments  received  shall
 30    be  made by the board. The comments shall be duly considered by the board when
 31    deciding whether to approve or reject a proposed site. A board of county  com-
 32    missioners  may  reject  a site regardless of the approval or rejection of the
 33    site by a state agency.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14130


     This legislation allows broader citizen access to county
public hearings on the siting of confined animal feeding
operations.  Current language prohibits participation by those
who do not have a primary residence within one mile of a proposed
site.
                          FISCAL IMPACT

     No measurable fiscal impact to the general fund.  Some
additional time at the public hearing on siting of CAFOS may
result. 


Contact
Name: Representative Wendy Jaquet 
Phone: 332-1133




STATEMENT OF PURPOSE/FISCAL NOTE                    H 730