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House Journal: Page 1072: Tuesday, April 8, 1997

H-1425

 1     Amend House File 708 as follows:
 2     1.  Page 18, by inserting after line 23 the
 3   following:
 4     "Sec. ___.  NEW SECTION.  331.309  CONFINEMENT
 5   FEEDING OPERATIONS - SITING ORDINANCE.
 6     1.  As used in this section:
 7     a.  "Animal feeding operation structure" means the
 8   same as defined in section 455B.161.
 9     b.  "Animal weight capacity" means the same as
10   defined in section 455B.161.
11     c.  "Confinement feeding operation" means the same
12   as defined in section 455B.161.
13     2.  a.  Notwithstanding section 335.2, a county may
14   adopt a confinement feeding operations siting
15   ordinance, pursuant to section 331.302.  The purpose
16   of the ordinance shall be to allow approval of the
17   siting of a confinement feeding operation regardless
18   of whether the county has adopted an ordinance under
19   chapter 335.  The ordinance shall authorize a county
20   to approve the site of the construction or expansion
21   of a confinement feeding operation, including
22   confinement feeding operation buildings and related
23   animal feeding operation structures in order to
24   preserve and protect natural resources, including
25   water sources and fragile environmental locations;
26   lessen congestion and overcrowding of confinement
27   feeding operations, especially near cities; and to
28   protect the health and welfare of the public.
29     b.  The ordinance shall provide for methods and
30   procedures required for submission of proposals,
31   review of proposals, and approval of a site.  In
32   administering the ordinance, the county shall
33   establish a confinement feeding operations siting
34   commission which shall review each proposal for the
35   construction or expansion of a confinement feeding
36   operation, and recommend to the county board of
37   supervisors that the board approve or disapprove the
38   proposal.  The board shall appoint five members of the
39   commission.  Four members shall not reside in a city,
40   and one member shall reside in a city.  At least three
41   of the members shall be persons who are or were
42   actively engaged in animal agriculture.  The
43   commission shall make its recommendation to the board
44   within forty-five days after the date that the board
45   received a complete proposal.  The board shall approve
46   or disapprove a proposal within forty-five days after
47   the date that the board receives the commission's
48   recommendation.
49     c.  A confinement feeding operations siting
50   ordinance shall not apply to a proposed confinement

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