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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