AB 894

This bill makes changes concerning the siting and expansion of livestock

facilities, including the following:

1. The bill requires the Department of Agriculture, Trade and Consumer

Protection to receive and review applications for siting or expanding a livestock

facility if a city, village, town, or county (political subdivision) requires approval for

siting or expanding a livestock facility in the political subdivision. Within two

business days of receiving an application, DATCP must provide a copy of the

application to the political subdivisions in which the property that is the subject of

the application is located. Within 14 days of receiving an application, DATCP must

notify the applicant whether the application is complete and, if not, what

supplementary information is needed to complete the application. After DATCP

determines that an application is complete, DATCP must provide 30 days for

receiving public comments on the application and may hold a public hearing during

this period.

Generally, DATCP is required to approve or disapprove the application within

10 days after the close of the public comment period. DATCP must approve the

application if the applicant complies with DATCP's livestock facility siting rules,

except that if a political subdivision enacts a more stringent requirement as allowed

under the bill, DATCP must approve the application if the applicant complies with

the political subdivision's more stringent requirements and DATCP's livestock

facility siting rules that are consistent with the political subdivision's requirements.

In approving or disapproving the application, DATCP must make written findings

of fact and conclusions of law and a record of its decision making. DATCP also must

provide notice of its decision to the political subdivision, the applicant, and any other

party that submitted written comments during the public comment period.

Under current law, an application for siting or expanding a livestock facility is

submitted to a political subdivision. Within 45 days, the political subdivision must

notify the applicant whether the application is complete and, if not, what information

is needed to complete the application. Current law also generally requires a political

subdivision to approve or disapprove an application within 90 days of determining

that an application is complete.

2. The bill requires a political subdivision to notify all landowners adjacent to

the proposed livestock facility siting or expansion and to approve or deny an

application within 60 days of receiving notice that DATCP approved an application.

Under the bill, a political subdivision may disapprove or prohibit the siting or

expansion of a livestock facility only for certain reasons, including any of the

following: a) the facility would violate a setback requirement established under the

bill; b) the site is in a location that is not an agricultural zoning district; and c) the

proposed facility violates a building, electrical, or plumbing code consistent with the

state building, electrical, or plumbing code.