Text: S05482 Text: S05484 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, line 26, by inserting after the
1 4 figure "455B.200F," the following: "unless a county
1 5 board of supervisors adopts a confinement feeding
1 6 operations siting ordinance as provided in this Act,".
1 7 #2. Page 50, by inserting after line 11 the
1 8 following:
1 9 "Sec. . INTERIM SITING OF CONFINEMENT FEEDING
1 10 OPERATION STRUCTURES.
1 11 1. a. A county board of supervisors may adopt a
1 12 confinement feeding operations siting ordinance,
1 13 pursuant to section 331.302. The purpose of the
1 14 ordinance shall be to allow approval of the siting of
1 15 a confinement feeding operation structure regardless
1 16 of whether the board has adopted an ordinance under
1 17 chapter 335. The department shall deliver a copy of
1 18 the ordinance to the department as required by the
1 19 department.
1 20 b. The ordinance shall apply to the siting of
1 21 confinement feeding operation structures which are
1 22 part of confinement feeding operations. However, the
1 23 ordinance shall not apply to a small animal feeding
1 24 operation.
1 25 c. The ordinance shall authorize a county to
1 26 approve the site of the construction or expansion of a
1 27 confinement feeding operation, including confinement
1 28 feeding operation structures in order to preserve and
1 29 protect natural resources, including water sources and
1 30 fragile environmental locations; lessen congestion and
1 31 overcrowding of confinement feeding operations,
1 32 especially near cities; and to protect the health and
1 33 welfare of the public.
1 34 2. The county's decision shall be based on all of
1 35 the following:
1 36 a. The animal unit capacity of the confinement
1 37 feeding operation if the structure were constructed.
1 38 b. The type of confinement feeding operation
1 39 structure proposed to be constructed and the type of
1 40 any related pollution control device or practice
1 41 proposed to be installed or used, including but not
1 42 limited to engineering standards for the construction
1 43 of a manure storage structure as provided in section
1 44 455B.205 or 455B.205A.
1 45 c. The proximity to the proposed construction site
1 46 of any of the following:
1 47 (1) Human population areas with weight provided to
1 48 this factor based on the population density of such
1 49 areas.
1 50 (2) Fragile land areas including but not limited
2 1 to wetlands, floodplains, or areas with rare or
2 2 valuable ecosystems.
2 3 (3) Water sources including major water sources
2 4 used as drinking water supplies; watersheds; and
2 5 aquifers and their recharge areas.
2 6 (4) Public use areas or areas of unique scenic or
2 7 historic significance.
2 8 d. The availability of land required for the
2 9 application of manure originating from the confinement
2 10 feeding operation as provided in section 455B.203.
2 11 e. The geology and hydrology of the site,
2 12 including but not limited to the risk of pollution to
2 13 surface and subsurface water caused by a breach in a
2 14 manure storage structure or leaching or runoff from
2 15 manure applied on land located in proximity to the
2 16 confinement feeding operation.
2 17 f. The impact of the confinement feeding
2 18 operation, after construction of the proposed
2 19 confinement feeding operation structure, on the
2 20 services of any city located in proximity to the
2 21 confinement feeding operation or the county in which
2 22 the confinement feeding operation is located.
2 23 g. The extent to which the applicant has complied
2 24 with requirements under this division for other animal
2 25 feeding operations owned by the applicant.
2 26 h. The availability of alternative construction
2 27 sites, including an analysis of cost comparisons.
2 28 3. The ordinance shall provide for methods and
2 29 procedures required for submission of proposals,
2 30 review of proposals, and approval of a site. The
2 31 department shall evaluate a proposal prior to
2 32 consideration by a county. The department shall
2 33 forward a written response to the board. In
2 34 administering the ordinance, the board shall establish
2 35 a confinement feeding operations siting commission
2 36 which shall review each proposal for the construction
2 37 or expansion of a confinement feeding operation, and
2 38 recommend to the county board of supervisors that the
2 39 board approve or disapprove the proposal. The board
2 40 shall appoint five persons as members of the
2 41 commission. Four members shall not reside in a city,
2 42 and one member shall reside in a city. At least three
2 43 of the members shall be persons who are or were
2 44 actively engaged in animal agriculture. The
2 45 commission shall make its recommendation to the board
2 46 within forty-five days after the date that the board
2 47 receives a complete proposal. The board shall approve
2 48 or disapprove a proposal within forty-five days after
2 49 the date that the board receives the commission's
2 50 recommendation regarding approval or disapproval."
3 1 #3. Page 50, by inserting after line 19 the
3 2 following:
3 3 "Sec. . INTERIM COUNTY SITING OF CONFINEMENT
3 4 FEEDING OPERATION STRUCTURES REPEALED. The section of
3 5 this Act providing for the interim siting of
3 6 confinement feeding operation structures by county
3 7 boards of supervisors is repealed March 1, 2003."
3 8 #4. By renumbering as necessary.
3 9
3 10
3 11
3 12 BETTY A. SOUKUP
3 13 SF 2293.531 79
3 14 da/pj
Text: S05482 Text: S05484 Text: S05400 - S05499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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