2005 Legislation
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SENATE BILL NO. 1112 – CAFO, public hearings, testimony

SENATE BILL NO. 1112

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Bill Status



S1112......................................by LOCAL GOVERNMENT AND TAXATION
CAFO - 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.
                                                                        
02/11    Senate intro - 1st rdg - to printing
02/14    Rpt prt - to Loc Gov
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
02/28    3rd rdg - FAILED - 17-17-1
      AYES -- Andreason, Bunderson, Burkett, Coiner, Compton, Gannon,
      Kelly, Keough, Langhorst, Malepeai, Marley, McGee, McKenzie,
      Schroeder, Stegner, Stennett, Werk
      NAYS -- Brandt, Broadsword, Burtenshaw, Cameron, Corder, Darrington,
      Davis, Geddes, Goedde, Hill, Jorgenson, Little, Lodge, Pearce,
      Richardson, Sweet, Williams
      Absent and excused -- Noble
    Floor Sponsor - Stennett
    Filed in Office of the Secretary of Senate

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1112
                                                                        
                         BY LOCAL GOVERNMENT AND TAXATION 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 14743

The purpose of this measurement is to allow the public an
opportunity to speak in a public forum to local decision makers
regarding Confined Animal Feeding Operations siting.  It would
eliminate the one-mile residency restriction in Idaho Code.


                          FISCAL IMPACT

None.


Contact  
Name:   Sen. Clint Stennett
        Rep. Wendy Jaquet
Phone:  332-1351


STATEMENT OF PURPOSE/FISCAL NOTE                       S 1112