Session of 1998
                   
HOUSE BILL No. 2673
         
By Committee on Environment
         
1-20
            9             AN ACT concerning certain confined feeding facilities for hogs; author-
10             izing counties to impose certain limitations on such facilities.
11            
12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. (a) As used in this section, terms have the meanings pro-
14       vided by K.S.A. 65-171d and amendments thereto.
15           (b) The board of county commissioners of any county may adopt by
16       resolution one of the following limitations on confined feeding facilities
17       for hogs that are located within the county:
18           (1) A maximum aggregate animal unit limit for the county for hogs
19       located in such facilities required by law to be permitted or registered;
20           (2) a maximum aggregate animal unit limit for any township in the
21       county for hogs located in such facilities required by law to be permitted
22       or registered;
23           (3) a maximum aggregate number of acres for all waste lagoons for
24       all such facilities that are located within the county and are required by
25       law to be permitted or registered; or
26           (4) a maximum aggregate number of acres for all waste lagoons for
27       all such facilities that are located within any township within the county
28       and are required by law to be permitted or registered.
29           (c) A resolution adopted pursuant to this section may provide for the
30       imposition of a civil or criminal penalty on the owner or operator of a
31       confined feeding facility for hogs that is constructed or expanded in vio-
32       lation of the limit established by such resolution.
33           (d) Before registering or issuing a permit for new construction or
34       expansion of a confined feeding facility for hogs in any county, the sec-
35       retary of health and environment shall obtain from the county commission
36       certification that any limit established pursuant to this section will not be
37       exceeded by such construction or expansion.
38           (e) Nothing in this section shall be construed to prevent continued
39       operation of a confined feeding facility for hogs that, before the effective
40       date of the resolution adopted pursuant to this section, was in existence
41       and, if required by law, was registered or permitted by the secretary of
42       health and environment.

HB 2673

2

  1           Sec. 2. This act shall take effect and be in force from and after its
  2       publication in the statute book.
  3