As Introduced

127th General Assembly
Regular Session
2007-2008
S. B. No. 42


Senator Carey 

Cosponsors: Senators Gardner, Austria, Schaffer, Buehrer 


A BILL
To amend sections 307.204 and 505.266 of the Revised 1
Code to expand the notification requirements 2
pertaining to concentrated animal feeding 3
facilities by requiring applicable county and 4
township officials to be notified regarding 5
proposals for the establishment or certain 6
expansions of any concentrated animal feeding 7
facilities rather than only proposals involving 8
major concentrated animal feeding facilities.9


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 307.204 and 505.266 of the Revised 10
Code be amended to read as follows:11

       Sec. 307.204.  (A) As used in this section:12

       (1) "Concentrated animal feeding facility" and "major 13
concentrated animal feeding facility" havehas the same meanings14
meaning as in section 903.01 of the Revised Code.15

       (2) "Facility" means a proposed new or expanded major16
concentrated animal feeding facility.17

       (3) "Improvement" means the construction, modification, or18
both of county infrastructure.19

       (B) A person who proposes to do anyeither of the following 20
shall provide written notification as required under division (C) 21
of this section to the board of county commissioners of the county22
in which a facility is or is to be located:23

       (1) Establish a new major concentrated animal feeding24
facility;25

       (2) Increase the design capacity of an existing major26
concentrated animal feeding facility by ten per cent or more in 27
excess of the design capacity set forth in the current permit for 28
construction or modification of the facility or for installation 29
or modification of the disposal system for manure at the facility 30
issued under section 903.02 or division (J) of section 6111.03 of 31
the Revised Code, as applicable;32

       (3) Increase the design capacity of an existing concentrated 33
animal feeding facility by ten per cent or more in excess of the34
design capacity set forth in the current permit for construction 35
or modification of the facility or for installation or36
modification of the disposal system for manure at the facility 37
issued under section 903.02 or division (J) of section 6111.03 of 38
the Revised Code, as applicable, and to a design capacity of more 39
than ten times the number of animals specified in any of the 40
categories in division (H) of section 903.01 of the Revised Code.41

       (C) The person shall notify the board in writing by certified 42
mail of the proposed construction or expansion of the facility and 43
include the following information:44

       (1) The anticipated travel routes of motor vehicles to and45
from the facility;46

       (2) The anticipated number and weights of motor vehicles47
traveling to and from the facility.48

       (D) At the request of the board, the county engineer may49
review the written notification and advise the board on both of50
the following:51

       (1) Improvements and maintenance of improvements that are52
reasonably needed in order to accommodate the impact on county53
infrastructure that is anticipated as a result of the facility,54
including increased travel or the types of vehicles on county55
roads;56

       (2) The projected costs of the improvements and maintenance.57

       Not later than ten days after receiving the written58
notification, the board may request the person to provide59
additional reasonable and relevant information regarding the60
impact of the facility on county infrastructure. The person shall61
provide the information not later than ten days after the request62
is made.63

       (E)(1) Not later than thirty days after the initial written64
notification is received by the board, the board shall submit to65
the person its recommendations, if any, concerning the66
improvements that will be needed as a result of the facility and67
the cost of those improvements.68

       (2) Not later than fifteen days after receipt of the board's69
recommendations, the person shall notify the board either that the70
person agrees with the recommendations and will implement them or71
that the person is submitting reasonable alternative72
recommendations or modifications to the board. If the person73
agrees with the recommendations, they shall be considered to be74
the board's final recommendations.75

       (3) If the board receives alternative recommendations or76
modifications under division (E)(2) of this section, the board77
shall select final recommendations and submit them to the person78
not later than thirty days after the receipt of the alternative79
recommendations or modifications.80

       (F) The board shall prepare a written, dated statement81
certifying that the written notification required under this82
section was submitted and that final recommendations were selected83
regarding needed improvements and the costs of those improvements.84
The board shall provide the person with the original of the85
statement so that the person can include it with the application86
for a permit to install for the facility as required under87
division (C)(4) of section 903.02 of the Revised Code. The board88
shall retain a copy of the statement for its records.89

       (G) The person shall construct, modify, and maintain or90
finance the construction, modification, and maintenance of91
improvements as provided in the board's final recommendations and92
with the approval and oversight of the county engineer. If the93
person fails to do so, the board shall notify the person by94
certified mail that the board intends to initiate mediation with95
the person if the person remains out of compliance with the final96
recommendations.97

       The board shall allow sufficient time for the person to apply98
for and proceed to obtain, for the purpose of financing the99
construction, modification, or maintenance of the improvements,100
exemptions from taxation under sections 5709.63, 5709.632,101
5709.73, and 5709.78 of the Revised Code or state or federal102
grants that may be available.103

       If the person remains out of compliance with the final104
recommendations, the board may initiate mediation with the person105
in order to resolve the differences between them. If mediation106
fails to resolve the differences, the board and the person first107
shall attempt to resolve the differences through any legal108
remedies before seeking redress through a court of common pleas.109

       (H) If the person subsequently submits an application under110
section 903.02 of the Revised Code for a permit to modify the111
facility, or if the routes of travel to or from the facility112
change for any reason other than road construction conducted by113
the county, the board or the person may request that additional114
information be provided in writing and shall proceed as provided115
in this section for the notification and recommendation116
proceedings.117

       Sec. 505.266.  (A) As used in this section:118

       (1) "Concentrated animal feeding facility" and "major 119
concentrated animal feeding facility" havehas the same meanings120
meaning as in section 903.01 of the Revised Code.121

       (2) "Facility" means a proposed new or expanded major122
concentrated animal feeding facility.123

       (3) "Improvement" means the construction, modification, or124
both of township infrastructure.125

       (B) A person who proposes to do anyeither of the following 126
shall provide written notification as required under division (C) 127
of this section to the board of township trustees of the township 128
in which a facility is or is to be located:129

       (1) Establish a new major concentrated animal feeding130
facility;131

       (2) Increase the design capacity of an existing major132
concentrated animal feeding facility by ten per cent or more in 133
excess of the design capacity set forth in the current permit for134
construction or modification of the facility or for installation135
or modification of the disposal system for manure at the facility 136
issued under section 903.02 or division (J) of section 6111.03 of137
the Revised Code, as applicable;138

       (3) Increase the design capacity of an existing concentrated 139
animal feeding facility by ten per cent or more in excess of the 140
design capacity set forth in the current permit for construction 141
or modification of the facility or for installation or 142
modification of the disposal system for manure at the facility143
issued under section 903.02 or division (J) of section 6111.03 of144
the Revised Code, as applicable, and to a design capacity of more145
than ten times the number of animals specified in any of the 146
categories in division (M) of section 903.01 of the Revised Code.147

       (C) The person shall notify the board in writing by certified148
mail of the proposed construction or expansion of the facility and 149
include the following information:150

       (1) The anticipated travel routes of motor vehicles to and151
from the facility;152

       (2) The anticipated number and weights of motor vehicles153
traveling to and from the facility.154

       (D) At the request of the board, the county engineer may155
review the written notification and advise the board on both of156
the following:157

       (1) Improvements and maintenance of improvements that are158
reasonably needed in order to accommodate the impact on township159
infrastructure that is anticipated as a result of the facility,160
including increased travel or the types of vehicles on township161
roads;162

       (2) The projected costs of the improvements and maintenance.163

       Not later than ten days after receiving the written164
notification, the board may request the person to provide165
additional reasonable and relevant information regarding the166
impact of the facility on township infrastructure. The person167
shall provide the information not later than ten days after the168
request is made.169

       (E)(1) Not later than thirty days after the initial written170
notification is received by the board, the board shall submit to171
the person its recommendations, if any, concerning the172
improvements that will be needed as a result of the facility and173
the cost of those improvements.174

       (2) Not later than fifteen days after receipt of the board's175
recommendations, the person shall notify the board either that the176
person agrees with the recommendations and will implement them or177
that the person is submitting reasonable alternative178
recommendations or modifications to the board. If the person179
agrees with the recommendations, they shall be considered to be180
the board's final recommendations.181

       (3) If the board receives alternative recommendations or182
modifications under division (E)(2) of this section, the board183
shall select final recommendations and submit them to the person184
not later than thirty days after the receipt of the alternative185
recommendations or modifications.186

       (F) The board shall prepare a written, dated statement187
certifying that the written notification required under this188
section was submitted and that final recommendations were selected189
regarding needed improvements and the costs of those improvements.190
The board shall provide the person with the original of the191
statement so that the person can include it with the application192
for a permit to install for the facility as required under193
division (C)(4) of section 903.02 of the Revised Code. The board194
shall retain a copy of the statement for its records.195

       (G) The person shall construct, modify, and maintain or196
finance the construction, modification, and maintenance of197
improvements as provided in the board's final recommendations and198
with the approval and oversight of the county engineer. If the199
person fails to do so, the board shall notify the person by200
certified mail that the board intends to initiate mediation with201
the person if the person remains out of compliance with the final202
recommendations.203

       The board shall allow sufficient time for the person to apply204
for and proceed to obtain, for the purpose of financing the205
construction, modification, or maintenance of the improvements,206
exemptions from taxation under sections 5709.63, 5709.632,207
5709.73, and 5709.78 of the Revised Code or state or federal208
grants that may be available.209

       If the person remains out of compliance with the final210
recommendations, the board may initiate mediation with the person211
in order to resolve the differences between them. If mediation212
fails to resolve the differences, the board and the person first213
shall attempt to resolve the differences through any legal214
remedies before seeking redress through a court of common pleas.215

       (H) If the person subsequently submits an application under216
section 903.02 of the Revised Code for a permit to modify the217
facility, or if the routes of travel to or from the facility218
change for any reason other than road construction conducted by219
the township, the board or the person may request that additional220
information be provided in writing and shall proceed as provided221
in this section for the notification and recommendation222
proceedings.223

       Section 2. That existing sections 307.204 and 505.266 of the 224
Revised Code are hereby repealed.225