Text: S05482                            Text: S05484
Text: S05400 - S05499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5483

Amendment Text

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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