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"Section 46-45-60. An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. If all applicable permit requirements established by state or federal law are met, including the guidelines in Chapter 20 of Title 47, for the operation of an agricultural facility in an area unzoned or zoned for agricultural uses, no permit required for establishing or operating the facility may be suspended, denied, or revoked by enforcement of a local ordinance. However, this prohibition does not apply to ordinances of a unit or local government that require the installation of bufferyards and screening, and greater setback requirements than provided for in Title 47, Chapter 20 of the Code. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city."/

Renumber sections and amend title to conform.

Rep. ROGERS moved to table the amendment, which was agreed to.

Reps. HODGES and ROGERS proposed the following Amendment No. 26, which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:

Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:

(1) at least two hundred feet from the center line of public paved roads;

(2) at least one hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least one hundred feet from a watercourse of the State;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited

(7) when zoning restrictions apply, on property zoned for agricultural uses;

(8) out of the one-hundred-year flood plain unless protected from flooding.

Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:

(1) at least one hundred feet from a watercourse of the State;

(2) at least one hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least two hundred feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least three hundred feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities.

(7) when zoning restrictions apply, on property zoned for agricultural uses.

Section 47-20-30. Any proposed agricultural facility or operation permitted pursuant to the provisions of this chapter without receiving a permit from the unit of local government with jurisdiction over the site shall only be located in an area of the State with a population density of less than ten persons per square mile."

SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of this section do not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation.

SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

SECTION 4. This act takes effect upon approval by the Governor./

Renumber sections and amend title to conform.

Rep. HODGES explained the amendment.

Rep. ROBINSON moved to table the amendment, which was agreed to.

Rep. HODGES proposed the following Amendment No. 27, which was tabled.

Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:

Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:

(1) at least two hundred feet from the center line of public paved roads;

(2) at least two hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least two hundred feet from a watercourse of the State;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited to, mobile homes, apartments, condominiums, nursing homes, camps,

(7) when zoning restrictions apply, on property zoned for agricultural uses;

(8) out of the one-hundred-year flood plain.

Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:

(1) at least two hundred feet from a watercourse of the State;

(2) at least two hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least one thousand feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities.

(7) when zoning restrictions apply, on property zoned for agricultural uses."/

Renumber section and amend title to conform.

Rep. HODGES explained the amendment.

Rep. WITHERSPOON moved to table the amendment, which was agreed to.

Reps. NEAL and ROGERS proposed the following Amendment No. 28, which was tabled.

Amend the bill, as and if amended, by deleting SECTION 2 and inserting:
/SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of this section do

Renumber sections and amend title to conform.

Rep. NEAL explained the amendment.

Rep. SHARPE moved to table the amendment, which was agreed to.

Reps. HODGES and ROGERS proposed the following Amendment No. 29, which was tabled.

Amend the bill, as and if amended, by deleting SECTION 3 and inserting:
/SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-60. An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city."/

Renumber section and amend title to conform.

Rep. HODGES explained the amendment.

Rep. SHARPE moved to table the amendment, which was agreed to by a division vote of 47 to 28.

Reps. ROGERS and HODGES proposed the following Amendment No. 30, which was tabled.

Amend the bill, as and if amended, by deleting SECTIONS 1 and 3 and inserting:
/SECTION 1. The 1976 Code is amended by adding:

Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:

(1) at least two hundred feet from the center line of public paved roads;

(2) at least two hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited to, mobile homes, apartments, condominiums, nursing homes, camps, campgrounds, hotels, motels, or similar places people may live. However, the one thousand feet setback is waived with the consent of the owner of the residence;

(7) when zoning restrictions apply, on property zoned for agricultural uses;

(8) out of the one-hundred-year flood plain.

Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:

(1) at least two hundred feet from a watercourse of the State;

(2) at least two hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of

Rep. ROGERS explained the amendment.

The SPEAKER granted Rep. DAVENPORT a leave of absence for the remainder of the day.

Rep. SHARPE moved to table the amendment.

Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Allison          Bailey           Brown, H.
Carnell          Cato             Chamblee
Cotty            Dantzler         Delleney
Easterday        Fair             Fleming
Fulmer           Gamble           Harrell
Harrison         Haskins          Hutson
Kelley           Kinon            Knotts

Koon             Law              Limehouse
Mason            McAbee           McCraw
McKay            Meacham          Quinn
Rice             Riser            Robinson
Sandifer         Seithel          Sharpe
Sheheen          Simrill          Smith, D.
Smith, R.        Spearman         Stoddard
Townsend         Tripp            Trotter
Vaughn           Waldrop          Walker
Wells            Wilder           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.

Those who voted in the negative are:

Anderson         Baxley           Breeland
Brown, G.        Byrd             Cain
Canty            Clyburn          Cobb-Hunter
Cromer           Govan            Harris, J.
Harvin           Herdklotz        Hines
Hodges           Howard           Jennings
Kennedy          Keyserling       Lanford
Limbaugh         Littlejohn       Lloyd
Martin           Moody-Lawrence   Neal
Neilson          Richardson       Rogers
Scott            Shissias         Stille
Thomas           Tucker           Whipper, L.
Whipper, S.      White            Williams

So, the amendment was tabled.

Rep. ROGERS proposed the following Amendment No. 31, which was tabled.

Amend the bill, as and if amended, by adding the following to SECTION 1 and by deleting SECTION 3 and inserting:

/I. Add the following to the end of SECTION 1:

"Section 47-20-30. Any proposed agricultural facility or operation permitted pursuant to the provisions of this chapter without receiving a

II. Delete SECTION 3 and insert:

SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-60. An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in and derogation of this chapter is null and void. If all applicable permit requirements established by state or federal law are met, including the guidelines in Chapter 20 of Title 47, for the operation of an agricultural facility in an area unzoned or zoned for agricultural uses, no permit required for establishing or operating the facility may be suspended, denied, or revoked by enforcement of a local ordinance. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city.

(B) All ordinances adopted by a county or municipal governing body prior to June 30, 1977, are exempted from the provisions of this chapter."/

Renumber section and amend title to conform.

Rep. ROGERS explained the amendment.

Rep. SHARPE moved to table the amendment, which was agreed to by a division vote of 42 to 25.

Rep. HODGES proposed the following Amendment No. 32, which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:

Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:

(1) at least two hundred feet from the center line of public roads;

(2) at least two hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited to, mobile homes, apartments, condominiums, nursing homes, camps, campgrounds, hotels, motels, or similar places people may live. However, the one thousand feet setback is waived with the consent of the owner of the residence;

(7) when zoning restrictions apply, on property zoned for agricultural uses;

(8) out of the one-hundred-year flood plain.

Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:

(1) at least two hundred feet from a watercourse of the State;

(2) at least two hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least one thousand feet from occupied or occupiable residences. As used in this item,

Rep. HODGES explained the amendment.

Rep. SHARPE moved to table the amendment, which was agreed to by a division vote of 33 to 15.

Reps. HODGES, ROGERS and NEAL proposed the following Amendment No. 33, which was tabled.

Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:

Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:

(1) at least two hundred feet from the center line of public roads;

(2) at least two hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least two hundred feet from a watercourse of the State;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited

(7) when zoning restrictions apply, on property zoned for agricultural uses;

(8) out of the one-hundred-year flood plain.

Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:

(1) at least two hundred feet from a watercourse of the State;

(2) at least two hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least one thousand feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities.

(7) when zoning restrictions apply, on property zoned for agricultural uses.

Section 47-20-30. Any proposed agricultural facility or operation permitted pursuant to the provisions of this chapter without receiving a permit from the unit of local government with jurisdiction over the site shall only be located in an area of the State with a population density of less than ten person per square mile."/

Renumber section and amend title to conform.

Rep. HODGES moved to table the amendment, which was agreed to.

Reps. NEAL, HODGES and ROGERS proposed the following Amendment No. 34, which was tabled.

Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:

Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:

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