Text: S05465 Text: S05467 Text: S05400 - S05499 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the amendment, S-5437, to Senate File 2293 as
1 2 follows:
1 3 #1. Page 45, by striking lines 22 through 24 and
1 4 inserting the following:
1 5 "Sec. . INTERIM SITING OF CONFINEMENT FEEDING
1 6 OPERATION STRUCTURES."
1 7 #2. By striking page 45, line 32, through page 50,
1 8 line 11, and inserting the following: "amended by
1 9 this Act. A county board of supervisors may adopt a
1 10 confinement feeding operations siting ordinance,
1 11 pursuant to section 331.302. The purpose of the
1 12 ordinance shall be to allow approval of the siting of
1 13 a confinement feeding operation structure regardless
1 14 of whether the board has adopted an ordinance under
1 15 chapter 335.
1 16 b. The ordinance shall apply to the siting of
1 17 confinement feeding operation structures which are
1 18 part of confinement feeding operations. However, the
1 19 ordinance shall not apply to a small animal feeding
1 20 operation.
1 21 c. The ordinance shall authorize a county to
1 22 approve the site of the construction or expansion of a
1 23 confinement feeding operation, including confinement
1 24 feeding operation buildings and related animal feeding
1 25 operation structures in order to preserve and protect
1 26 natural resources, including water sources and fragile
1 27 environmental locations; lessen congestion and
1 28 overcrowding of confinement feeding operations,
1 29 especially near cities; and to protect the health and
1 30 welfare of the public.
1 31 3. The county's decision shall be based on all of
1 32 the following:
1 33 a. The animal unit capacity of the confinement
1 34 feeding operation if the structure were constructed.
1 35 b. The type of confinement feeding operation
1 36 structure proposed to be constructed and the type of
1 37 any related pollution control device or practice
1 38 proposed to be installed or used, including but not
1 39 limited to engineering standards for the construction
1 40 of a manure storage structure as provided in section
1 41 455B.205 or 455B.205A.
1 42 c. The proximity to the proposed construction site
1 43 of any of the following:
1 44 (1) Human population areas with weight provided to
1 45 this factor based on the population density of such
1 46 areas.
1 47 (2) Fragile land areas including but not limited
1 48 to wetlands, floodplains, or areas with rare or
1 49 valuable ecosystems.
1 50 (3) Water sources including major water sources
2 1 used as drinking water supplies; watersheds; and
2 2 aquifers and their recharge areas.
2 3 (4) Public use areas or areas of unique scenic or
2 4 historic significance.
2 5 d. The availability of land required for the
2 6 application of manure originating from the confinement
2 7 feeding operation as provided in section 455B.203.
2 8 e. The geology and hydrology of the site,
2 9 including but not limited to the risk of pollution to
2 10 surface and subsurface water caused by a breach in a
2 11 manure storage structure or leaching or runoff from
2 12 manure applied on land located in proximity to the
2 13 confinement feeding operation.
2 14 f. The impact of the confinement feeding
2 15 operation, after construction of the proposed
2 16 confinement feeding operation structure, on the
2 17 services of any city located in proximity to the
2 18 confinement feeding operation or the county in which
2 19 the confinement feeding operation is located.
2 20 g. The extent to which the applicant has complied
2 21 with requirements under this division for other animal
2 22 feeding operations owned by the applicant.
2 23 h. The availability of alternative construction
2 24 sites, including an analysis of cost comparisons.
2 25 4. The ordinance shall provide for methods and
2 26 procedures required for submission of proposals,
2 27 review of proposals, and approval of a site. The
2 28 department shall evaluate a proposal prior to
2 29 consideration by a county. The department shall
2 30 forward a written response to the board. In
2 31 administering the ordinance, the board shall establish
2 32 a confinement feeding operations siting commission
2 33 which shall review each proposal for the construction
2 34 or expansion of a confinement feeding operation, and
2 35 recommend to the county board of supervisors that the
2 36 board approve or disapprove the proposal. The board
2 37 shall appoint five persons as members of the
2 38 commission. Four members shall not reside in a city,
2 39 and one member shall reside in a city. At least three
2 40 of the members shall be persons who are or were
2 41 actively engaged in animal agriculture. The
2 42 commission shall make its recommendation to the board
2 43 within forty-five days after the date that the board
2 44 receives a complete proposal. The board shall approve
2 45 or disapprove a proposal within forty-five days after
2 46 the date that the board receives the commission's
2 47 recommendation regarding approval or disapproval."
2 48 #3. Page 50, by striking lines 15 through 19 and
2 49 inserting the following:
2 50 "Sec. . INTERIM PROCESS REPEALED. The section
3 1 of this Act providing for the interim siting of
3 2 confinement feeding operation structures by county
3 3 boards of supervisors is repealed March 1, 2003."
3 4 #4. By renumbering as necessary.
3 5
3 6
3 7
3 8 BETTY A. SOUKUP
3 9 PATRICIA HARPER
3 10 JOHNIE HAMMOND
3 11 ROBERT E. DVORSKY
3 12 BILL FINK
3 13 STEVEN D. HANSEN
3 14 MICHAEL E. GRONSTAL
3 15 EUGENE S. FRAISE
3 16 JOE BOLKCOM
3 17 MATT McCOY
3 18 SF 2293.519 79
3 19 da/pj
Text: S05465 Text: S05467 Text: S05400 - S05499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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