Manure Pipes Monday; CUP Appeals Tuesday–Contact Legislators Now!
House Bill 1184 would place force-main CAFO manure disposal pipes in the section of code dealing with public utilities (31-26). It will be heard Monday, February 26 at 9am in Senate Transportation Committee, Room 423 of the Capitol.
Proponents say that a vote against the bill is a vote against agriculture–but most actual farmers and ranchers disagree. This is an industry bill that provides special privileges for one segment of the ag community while taking rights away from others.
Contact legislators to tell them waste disposal for private businesses is NOT a public utility and should not be allowed to cross private property without landowner permission.
Senate Transportation Committee:
Ernie Otten, Chair
Jim Stalzer, Vice Chair
Jim Bolin
Blake Curd
Jason Frerichs
Lance Russell
Alan Solano
House Bill 1292 has gotten less press (and is more complex), but its effects may be even worse than HB 1184. It will be heard in Senate Judiciary Committee on Tuesday, February 27.
Proponents say this bill provides “consistency” in reviews of Conditional Use Permit decisions, but it does that by making it more difficult for citizens to appeal when a board clearly violates its own process. Right now, boards that use a ⅔ majority to approve permits have a “de certiorari” review in circuit court, which means courts grant some certainty that the board followed its own process.
Boards that use a simple majority to approve permits undergo a “de novo” review, meaning that the courts look at the entire process to see if there were irregularities. “De novo” reviews can help citizens successfully appeal permit decisions where boards have chosen to cut corners in order to fast-track potentially controversial projects.
This bill gives ALL appeals of Conditional Use Permit decisions a “de certiorari” review, and may even entice current ⅔ majority decision-making boards to switch to simple majority decision-making, since the threat of a full review would be removed.
For all those concerned about citizen rights and citizen input on developments such as wind farms, CAFOs, industrial parks, and other big projects, this is a MUST-KILL bill.
Contact Senate Judiciary Committee Members today!
Senate Judiciary Committee:
Lance Russell, Chair
**Arthur Rusch, Vice Chair
Brock Greenfield
Craig Kennedy
Kris Langer
Stace Nelson
Jenna Netherton
**denotes bill sponsor
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