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SENATE BILL NO. 1402

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Bill Status

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S1402......................................by LOCAL GOVERNMENT AND TAXATION
CONFINED ANIMAL FEEDING OPERATIONS - Amends existing law to provide that
affected persons may comment on proposed confined animal feeding
operations; and to delete mileage limitations for members of the public to
comment.

02/08    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Loc Gov
02/22    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 30-4-1
      AYES -- Andreason, Bastian, Bilyeu, Broadsword, Burkett, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Schroeder, Stegner,
      Stennett, Werk
      NAYS -- Bair, Pearce, Richardson, Siddoway
      Absent and excused -- Jorgenson
    Floor Sponsor - Stennett
    Title apvd - to House
02/27    House intro - 1st rdg - to Loc Gov

Bill Text

                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1402

                         BY LOCAL GOVERNMENT AND TAXATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE LOCAL PLANNING ACT; AMENDING SECTION 67-6529, IDAHO  CODE,  TO
  3        PROVIDE  THAT  AFFECTED  PERSONS  MAY  COMMENT ON PROPOSED CONFINED ANIMAL
  4        FEEDING OPERATIONS AND TO DELETE MILEAGE LIMITATIONS FOR  MEMBERS  OF  THE
  5        PUBLIC TO COMMENT.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION  1.  That  Section 67-6529, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        67-6529.  APPLICABILITY TO AGRICULTURAL LAND -- COUNTIES MAY REGULATE SIT-
 10    ING OF CERTAIN ANIMAL OPERATIONS AND FACILITIES. (1) No power  granted  hereby
 11    shall  be  construed  to  empower a board of county commissioners to enact any
 12    ordinance or resolution which deprives any owner of full and complete  use  of
 13    agricultural  land  for  production  of any agricultural product. Agricultural
 14    land shall be defined by local ordinance or resolution.
 15        (2)  Notwithstanding any provision of law to  the  contrary,  a  board  of
 16    county  commissioners  shall  enact ordinances and resolutions to regulate the
 17    siting of large confined animal feeding operations  and  facilities,  as  they
 18    shall be defined by the board, provided however, that the definition of a con-
 19    fined  animal feeding operation shall not be less restrictive than the defini-
 20    tion contained in section 67-6529C, Idaho  Code,  including  the  approval  or
 21    rejection of sites for the operations and facilities. At a minimum, a county's
 22    ordinance  or  resolution shall provide that the board of county commissioners
 23    shall hold at least one (1) public hearing affording the public affected  per-
 24    sons  as  defined in section 67-6521, Idaho Code, an opportunity to comment on
 25    each proposed site before the siting of such facility. Several  sites  may  be
 26    considered  at  any  one  (1)  public hearing. Only members of the public with
 27    their primary residence within a one (1) mile radius of a  proposed  site  may
 28    provide comment at the hearing. However, this distance may be increased by the
 29    board.  A  record  of  each hearing and comments received shall be made by the
 30    board. The comments shall be  duly  considered  by  the  board  when  deciding
 31    whether  to approve or reject a proposed site. A board of county commissioners
 32    may reject a site regardless of the approval or rejection of  the  site  by  a
 33    state agency.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                                
                            RS 17580
                                
The purpose of this measurement is to insure that affected persons
have an opportunity to be heard at a public hearing in front of local
decision makers regarding Confined Animal Feeding Operations siting.
It also eliminates the one mile primary residency requirement
currently in Idaho Code.






                           FISCAL IMPACT

None.
                         
                                
                                
                                
                                
                                
                                
                                
                                
Contact
Name: Sen. Clint Stennett
Rep. Wendy Jaquet
Phone: 332-1351




STATEMENT OF PURPOSE/FISCAL NOTE                         S 1402