TITLE 39

HEALTH AND SAFETY

CHAPTER 79

LOCAL OPTION SWINE FACILITIES SITING ACT

39-7908.  Site review panels established. (1) A site review panel shall be established to ensure public input in the siting process and to recommend to the director site approval, approval with conditions or rejection.

(2)  A panel shall consist of eight (8) members to be appointed as follows:

(a)  Three (3) members shall be the director of the department of environmental quality or his designee, the director of the department of water resources or his designee, and the director of the department of agriculture or his designee.

(b)  One (1) member shall be a public member appointed by the governor. The public member shall be an environmental professional, shall serve as chairman of the panel and shall be a voting member. A member who is a public member shall be appointed to serve on site review panels only until the particular site application subject to their review is approved, or until the application is rejected and is no longer subject to their review.

(c)  Two (2) members shall be appointed by the city council of the city located closest to, or in which the swine facility is proposed to be located or expanded, provided the governing body of the city has signified compliance with this chapter as provided in section 39-7903, Idaho Code. At least one (1) shall be a resident of the city. However, if two (2) cities are equidistant from the proposed or expanding swine facility, plus or minus five (5) miles, the city council of each city shall appoint one (1) member each to the site review panel, each of whom shall be a resident of the city appointing them. The members serving pursuant to this subsection shall serve until the particular site application subject to their review is approved or it is rejected and is no longer subject to their review.

(d)  Two (2) members shall be appointed by the county commission and be residents of the county where the swine facility is proposed to be located or expanded, provided the board of county commissioners has signified compliance with this chapter as provided in section 39-7903, Idaho Code. The members serving pursuant to this subsection shall serve until the particular site application subject to their review is approved, or until the application is rejected and is no longer subject to their review.

(e)  A person nominated to represent a city or county shall not have a conflict of interest, as that term is defined in section 74-403, Idaho Code, or derive any economic gain as that term is defined in section 74-403, Idaho Code, from the location of the proposed or expanding swine facility.

(3)  The director shall notify the city council of the nearest city, or cities if two (2) cities are within five (5) miles of the site of the proposed facility, and the board of county commissioners in which the site is located, of a site application filed with the department and shall instruct the city or cities and county to appoint the necessary members to a panel.

(4)  A majority of members of the panel shall constitute a quorum for the transaction of business of the panel and the concurrence of a majority of the panel shall constitute a legal action of the panel, provided that no meeting of the panel shall occur unless there are at least as many members present representing the city and county as there are representing the state and the public as appointed pursuant to subsections (2)(a) and (b) of this section. All meetings of the panel shall be conducted pursuant to the state open meeting law.

(5)  The director shall make staff available to assist the panel in carrying out its responsibilities.

(6)  Members of the panel who are not state employees shall be entitled to receive compensation as provided in section 59-509(b), Idaho Code.

History:

[39-7908, added 2000, ch. 268, sec. 1, p. 762; am. 2001, ch. 103, sec. 74, p. 315; am. 2015, ch. 141, sec. 99, p. 450.]