Text: H08221 Text: H08223 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2494 as follows:
1 2 #1. Page 6, line 21, by striking the words
1 3 "LIMITATIONS ON".
1 4 #2. Page 6, line 22, by inserting after the word
1 5 "LEGISLATION" the following: "– CONFINEMENT FEEDING
1 6 OPERATIONS".
1 7 #3. By striking page 6, line 24, through page 7,
1 8 line 6, and inserting the following:
1 9 "a. "Animal feeding operation structure" means the
1 10 same as defined in section 455B.161.
1 11 b. "Confinement feeding operation" means the same
1 12 as defined in section 455B.161.
1 13 c. "Small animal feeding operation" means the same
1 14 as defined in section 455B.161.
1 15 2. a. Notwithstanding section 335.2, a county may
1 16 adopt a confinement feeding operations siting
1 17 ordinance, pursuant to section 331.302. The purpose
1 18 of the ordinance shall be to allow approval of the
1 19 siting of a confinement feeding operation regardless
1 20 of whether the county has adopted an ordinance under
1 21 chapter 335. The ordinance shall authorize a county
1 22 to approve the site of the construction or expansion
1 23 of a confinement feeding operation, including
1 24 confinement feeding operation buildings and related
1 25 animal feeding operation structures in order to
1 26 preserve and protect natural resources, including
1 27 water sources and fragile environmental locations;
1 28 lessen congestion and overcrowding of confinement
1 29 feeding operations, especially near cities; and to
1 30 protect the health and welfare of the public.
1 31 b. The ordinance shall provide for methods and
1 32 procedures required for submission of proposals,
1 33 review of proposals, and approval of a site. In
1 34 administering the ordinance, the county shall
1 35 establish a confinement feeding operations siting
1 36 commission which shall review each proposal for the
1 37 construction or expansion of a confinement feeding
1 38 operation, and recommend to the county board of
1 39 supervisors that the board approve or disapprove the
1 40 proposal. The board shall appoint five members of the
1 41 commission. Four members shall not reside in a city,
1 42 and one member shall reside in a city. At least three
1 43 of the members shall be persons who are or were
1 44 actively engaged in animal agriculture. The
1 45 commission shall make its recommendation to the board
1 46 within forty-five days after the date that the board
1 47 received a complete proposal. The board shall approve
1 48 or disapprove a proposal within forty-five days after
1 49 the date that the board receives the commission's
1 50 recommendation.
2 1 c. A confinement feeding operations siting
2 2 ordinance shall not apply to a proposed confinement
2 3 feeding operation or to the proposed expansion of a
2 4 confinement feeding operation, if the confinement
2 5 feeding operation is part of a family farm operation
2 6 as provided in this section.
2 7 3. The county board of supervisors shall determine
2 8 if the confinement feeding operation qualifies as a
2 9 family farm operation. In making this determination
2 10 the board shall review facts relating to the
2 11 confinement feeding operation and the person owning or
2 12 leasing the land where the confinement feeding
2 13 operation is located, including the extent to which
2 14 the person:
2 15 a. Has held an interest in the land.
2 16 b. Is actively engaged in farming the land.
2 17 c. Produces different species of livestock on the
2 18 land.
2 19 d. Produces crops on the land. If crops are
2 20 produced on the land, the board shall consider the
2 21 extent to which the crops are used to feed livestock
2 22 produced on the land.
2 23 e. Owns and operates machinery for the following:
2 24 (1) The planting and harvesting of grain on the
2 25 land.
2 26 (2) The application of manure on the land.
2 27 f. Owns and uses facilities for the storage of
2 28 grain produced on the land."
2 29 #4. Page 21, line 20, by inserting after the word
2 30 "located." the following: "All of the following shall
2 31 apply, unless the county has adopted a confinement
2 32 feeding operation siting ordinance as provided in
2 33 section 331.304A:"
2 34
2 35
2 36
2 37 FREVERT of Palo Alto
2 38 HF 2494.305 77
2 39 da/cf/28
Text: H08221 Text: H08223 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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