CSSB 60(JUD): "An Act relating to agricultural facilities and operations as private nuisances; and to disclosures in transfers of certain real property located within one mile of an agricultural facility or an agricultural operation."
00 CS FOR SENATE BILL NO. 60(JUD) 01 "An Act relating to agricultural facilities and operations as private nuisances; and to 02 disclosures in transfers of certain real property located within one mile of an 03 agricultural facility or an agricultural operation." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.45.235(a) is amended to read: 06 (a) An agricultural facility or an agricultural operation at an agricultural 07 facility is not and does not become a private nuisance as a result of [BY] a changed 08 condition that exists in the area of the agricultural facility [ON NEIGHBORING 09 LAND] if the agricultural facility [OPERATION HAS BEEN IN OPERATION FOR 10 MORE THAN THREE YEARS AND IF THE AGRICULTURAL OPERATION] was 11 not a nuisance at the time the agricultural facility [OPERATION] began agricultural 12 operations. For purposes of this subsection, the time an agricultural facility 13 began agricultural operations refers to the date on which any type of agricultural 14 operation began on that site regardless of any subsequent expansion of the
01 agricultural facility or adoption of new technology. An agricultural facility or an 02 agricultural operation at an agricultural facility is not a private nuisance if the 03 governing body of the local soil and water conservation district advises the 04 commissioner in writing that the facility or operation is consistent with a soil 05 conservation plan developed and implemented in cooperation with the district. 06 * Sec. 2. AS 09.45.235(b) is amended to read: 07 (b) The provisions of (a) of this section do not apply to 08 (1) liability resulting from improper, illegal, or negligent conduct of 09 agricultural operations; or 10 (2) flooding caused by the agricultural operation. 11 * Sec. 3. AS 09.45.235(d) is amended to read: 12 (d) In this section, ["AGRICULTURAL OPERATION" MEANS] 13 (1) "agricultural facility" means any land, building, structure, 14 pond, impoundment, appurtenance, machinery, or equipment that is used or is 15 intended for use in the commercial production or processing of crops, livestock, 16 or livestock products, or that is used in aquatic farming; 17 (2) "agricultural operation" means 18 (A) any agricultural and farming activity such as 19 (i) [(A)] the preparation, plowing, cultivation, 20 conserving, and tillage of the soil; 21 (ii) [(B)] dairying; 22 (iii) [(C)] the operation of greenhouses; 23 (iv) [(D)] the production, cultivation, rotation, 24 fertilization, growing, and harvesting of an agricultural, floricultural, 25 apicultural, or horticultural crop or commodity; 26 (v) [(E)] the breeding, hatching, raising, producing, 27 feeding, keeping, slaughtering, or processing of livestock [, BEES, 28 FUR-BEARING ANIMALS, OR POULTRY]; 29 (vi) [(F)] forestry or timber harvesting, manufacturing, 30 or processing operations; 31 (vii) the application and storage of pesticides,
01 herbicides, animal manure, treated sewage sludge or chemicals, 02 compounds, or substances to crops, or in connection with the 03 production of crops or livestock; 04 (viii) the manufacturing of feed for poultry or 05 livestock; 06 (ix) aquatic farming; 07 (x) the operation of roadside markets; and 08 (B) [(2)] any practice conducted on the agricultural facility 09 [OPERATION] as an incident to or in conjunction with activities described in 10 (A) of this paragraph, including the application of existing, changed, or 11 new technology, practices, processes, or procedures; 12 (3) "livestock" means horses, cattle, sheep, bees, goats, swine, 13 poultry, reindeer, elk, bison, moose, musk oxen, and other animals kept for use 14 or profit [(1) OF THIS SUBSECTION]. 15 * Sec. 4. AS 34.70.050 is amended to read: 16 Sec. 34.70.050. Form of disclosure statement. The Real Estate Commission 17 established under AS 08.88.011 shall establish the form of the disclosure statement 18 required by AS 34.70.010. The disclosure statement must include a provision that 19 notifies transferees 20 (1) that they are responsible for determining whether a person who has 21 been convicted of a sex offense resides in the vicinity of the property that is the 22 subject of the transferee's potential real estate transaction; [AND] 23 (2) where information about the location of convicted sex offenders 24 can be obtained; and 25 (3) that they are responsible for determining whether, in the 26 vicinity of the property that is the subject of the transferee's potential real estate 27 transaction, there is an agricultural facility or agricultural operation that might 28 produce odor, fumes, dust, blowing snow, smoke, burning, vibrations, noise, 29 insects, rodents, the operation of machinery including aircraft, and other 30 inconveniences or discomforts as a result of lawful agricultural operations. 31 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 APPLICABILITY. The provisions of sec. 4 of this Act apply to a sale, purchase, or 03 exchange of residential or recreational property located within one mile of an agricultural 04 facility or an agricultural operation included in a soil conservation plan approved by the local 05 soil and water conservation district if the sale, purchase, or exchange is agreed to on or after 06 the effective date of this Act.