Reference is to Printer's Date 4/27/17--H.
Amend the bill, as and if amended, SECTION 1, Section 44-1-65, by striking subsection (E) in its entirety and inserting:
/ (E)(1) For purposes of this section,
'affected person' means a property owner with standing within a
two-mile radius of the proposed building footprint or permitted
poultry facility or other agricultural animal facility, except a
swine facility, who is challenging on its own behalf the permit,
license, certificate, or other approval for the failure to
comply with the specific grounds set forth in the applicable
department regulations governing the permitting of poultry
facilities and other agricultural animal facilities, other than
swine facilities.
(2)(a) All affected
persons within the two-mile radius of the proposed building
footprint or permitted poultry facility or other agricultural
animal facility, except a swine facility, shall be provided
notice of submission of a permit application, notice of a
department decision, and notice of a final agency decision, all
by certified mail, return receipt requested, regardless of
whether the affected person has requested to be notified.
(b) For purposes of
this section, the timeline for requesting a final review
conference under Section 44-1-60(E)(1) shall not begin until all
affected persons within the two-mile radius of the proposed
building footprint or permitted poultry facility or other
agricultural animal facility, except a swine facility, receives
the notice of a staff decision by certified mail, regardless of
whether the affected person has requested to be notified.
(3) For new and
expanded animal facilities, the department, at the expense of
the applicant, shall publish a notice of intent to construct an
animal facility in a local paper of general circulation in the
area of the facility." /
Renumber sections to conform.
Amend title to conform.