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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
]]]] 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 the27 public with their primary residence within a one (1) mile radius of a proposed28 site may provide comment at the hearing. However, this distance may be29 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 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