1     
LARGE CONCENTRATED ANIMAL FEEDING OPERATIONS

2     
AMENDMENTS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Joel Ferry

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions related to large concentrated animal feeding operations.
11     Highlighted Provisions:
12          This bill:
13          ▸     removes the date by which counties are to adopt a county large concentrated animal
14     feeding operation land use ordinance; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20     Utah Code Sections Affected:
21     AMENDS:
22          17-27a-1103, as enacted by Laws of Utah 2021, Chapter 244
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 17-27a-1103 is amended to read:
26          17-27a-1103. County adoption of a county large concentrated animal feeding
27     operation land use ordinance.

28          (1) (a) The legislative body of a county desiring to restrict siting of large concentrated
29     animal feeding operations shall adopt a county large concentrated animal feeding operation
30     land use ordinance in accordance with this part [by no later than February 1, 2022].
31          (b) A county may consider an application to locate large concentrated animal feeding
32     operations in the county before the county adopts the county large concentrated animal feeding
33     operation land use ordinance under this part.
34          (2) A county large concentrated animal feeding operation land use ordinance described
35     in Subsection (1) shall:
36          (a) designate geographic areas of sufficient size to support large concentrated animal
37     feeding operations, including state trust lands described in Subsection 53C-1-103(8) and
38     private property within the county, including adopting a map described in Section
39     17-27a-1104;
40          (b) establish requirements and procedures for applying for land use decision that
41     provides a reasonable opportunity to operate large concentrated animal feeding operations
42     within the geographic area described in Subsection (2)(a);
43          (c) disclose fees imposed to apply for the land use decision described in Subsection
44     (2)(b);
45          (d) disclose any requirements in addition to fees described in Subsection (2)(c) to be
46     imposed by the county; and
47          (e) provide for administrative remedies consistent with this chapter.
48          (3) (a) This part does not authorize a county to regulate the operation of large
49     concentrated animal feeding operations in any way that conflicts with state or federal statutes
50     or regulations.
51          (b) Nothing in this part supersedes or authorizes enactment of an ordinance that
52     infringes on Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection
53     Areas, or Title 4, Chapter 44, Agricultural Operations Nuisances Act.
54          Section 2. Effective date.
55          If approved by two-thirds of all the members elected to each house, this bill takes effect
56     upon approval by the governor, or the day following the constitutional time limit of Utah
57     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
58     the date of veto override.