SENATE BILL NO. 1148

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S1148..........................................by RESOURCES AND ENVIRONMENT
CONFINED ANIMAL FEEDING OPERATIONS - Amends existing law to require certain
approval and compliance for all plans and specifications for construction,
modification or expansion of certain systems, plants and facilities; to
require that all plans and specifications for the construction,
modification, expansion or alteration of certain facilities for confined
animal feeding operations (CAFOs) be approved by the director of the
Department of Environmental Quality; to provide an exemption for certain
CAFOs; to authorize the director of the Department of Environmental Quality
to delegate certain authority to the director of the Department of
Agriculture; and to provide for rulemaking.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Health/Wel
02/23    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/01    3rd rdg - FAILED - 16-19-0
      AYES -- Andreason, Bunderson, Danielson, Davis, Dunklin, Frasure,
      Geddes, Ipsen, Noh, Risch, Sandy, Schroeder, Stegner, Stennett,
      Wheeler, Whitworth
      NAYS-- Boatright, Branch(Bartlett), Brandt, Burtenshaw, Cameron,
      Darrington, Deide, Goedde, Hawkins, Ingram, Keough, King-Barrutia,
      Lee, Lodge, Richardson, Sims, Sorensen, Thorne, Williams
      Absent and excused -- None
    Floor Sponsor -- Noh
    Filed w/ Office of the Secretary of the Senate

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1148
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HEALTH AND SAFETY; AMENDING SECTION 39-118, IDAHO CODE, TO  STRIKE
  3        AN  EXCEPTION  FOR  CERTAIN DAIRY SYSTEMS, TO REQUIRE CERTAIN APPROVAL AND
  4        COMPLIANCE FOR ALL PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION,  MODIFI-
  5        CATION  OR  EXPANSION OF CERTAIN SYSTEMS, PLANTS AND FACILITIES, TO STRIKE
  6        REFERENCE TO CONFINED ANIMAL FEEDING OPERATIONS, TO REQUIRE THAT ALL PLANS
  7        AND SPECIFICATIONS FOR THE CONSTRUCTION, MODIFICATION, EXPANSION OR ALTER-
  8        ATION OF CERTAIN FACILITIES FOR  CONFINED  ANIMAL  FEEDING  OPERATIONS  BE
  9        APPROVED BY THE DIRECTOR OF ENVIRONMENTAL QUALITY AND TO REQUIRE THAT CON-
 10        STRUCTION  COMPLY WITH THE PROVISIONS OF THE SECTION, TO PROVIDE AN EXEMP-
 11        TION FOR CERTAIN CONFINED ANIMAL  FEEDING  OPERATIONS,  TO  AUTHORIZE  THE
 12        DIRECTOR  OF  THE  DEPARTMENT OF ENVIRONMENTAL QUALITY TO DELEGATE CERTAIN
 13        AUTHORITY TO THE DIRECTOR OF THE  DEPARTMENT  OF  AGRICULTURE  IN  CERTAIN
 14        INSTANCES AND TO PROVIDE FOR THE DELEGATION OF RULEMAKING.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION  1.  That  Section  39-118, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        39-118.  REVIEW OF PLANS. (1) Except as provided for dairy systems  pursu-
 19    ant  to section 37-401, Idaho Code, aAll plans and specifications for the con-
 20    struction of new sewage systems, sewage treatment  plants  or  systems,  other
 21    waste  treatment or disposal facilities, public water supply systems or public
 22    water treatment systems or for modification or expansion  to  existing  sewage
 23    treatment  plants  or  systems, waste treatment or disposal facilities, public
 24    water supply systems or public water treatment systems, shall be submitted  to
 25    and  approved by the director before construction may begin, and all construc-
 26    tion shall be in compliance therewith. No deviation shall  be  made  from  the
 27    approved  plans and specifications without the prior approval of the director.
 28    Within thirty (30) days of the completion of construction, alteration, or mod-
 29    ification of any new sewage systems, sewage treatment plants or systems, other
 30    waste treatment or disposal facilities, public water supply systems or  public
 31    water  treatment  systems,  complete  and  accurate  plans  and specifications
 32    depicting the actual construction, alteration, or modification performed  must
 33    be submitted to the director. If construction does not deviate from the origi-
 34    nal  plans previously submitted for approval, a statement to that effect shall
 35    be filed with the director.
 36        (2)  All plans and specifications submitted to satisfy the requirements of
 37    this section shall conform in style and quality to  regularly  accepted  engi-
 38    neering standards. Except with respect to plans and specifications for facili-
 39    ties  addressed  in  subsections  (3) and (4)(b) of this section, and confined
 40    animal feeding operations, the board may require that certain types  of  plans
 41    and  specifications must be certified by registered professional engineers. If
 42    the director determines that any particular facility or category of facilities
 43    will produce no significant impact on the environment or on the public health,
                                                                        
                                           2
                                                                        
  1    the director shall be authorized to waive the submittal or  approval  require-
  2    ment for that facility or category of facilities.
  3        (3)  All  plans  and  specifications  for  the construction, modification,
  4    expansion, or alteration of waste treatment or disposal facilities  for  aqua-
  5    culture  facilities licensed by the department of agriculture for both commer-
  6    cial fish propagation facilities as defined in section  22-4601,  Idaho  Code,
  7    and  sport fish propagation facilities whether private or operated or licensed
  8    by the department of fish and game and other aquaculture facilities as defined
  9    in the Idaho waste management guidelines for aquaculture operations, shall  be
 10    submitted  to  and approved by the director of the department of environmental
 11    quality before construction may begin and all construction shall be in compli-
 12    ance therewith. The director shall review plans and specifications within for-
 13    ty-five (45) days of submittal and notify the owner or  responsible  party  of
 14    approval  or  disapproval. In the event of disapproval the director shall pro-
 15    vide reasons for disapproval in writing to the  owner  or  responsible  party.
 16    Plans and specifications shall conform in style and quality to standard indus-
 17    try practices and guidelines developed pursuant to this subsection. The direc-
 18    tor  shall  establish industry guidelines or best management practices subcom-
 19    mittees composed of members of the department,  specific  regulatory  agencies
 20    for  the  industry,  general  public,  and persons involved in the industry to
 21    develop and update guidelines or best management practices as  needed.  Within
 22    thirty  (30)  days of the completion of the construction, modification, expan-
 23    sion or alteration of facilities subject to  this  subsection,  the  owner  or
 24    responsible  party shall submit a statement to the director that the construc-
 25    tion has been completed and is in substantial compliance with  the  plans  and
 26    specifications  as  submitted  and  approved.  The  director  shall conduct an
 27    inspection within sixty (60) days of the date of submission of  the  statement
 28    and  shall  inform  the owner or responsible party of its approval of the con-
 29    struction or in the event of nonapproval, the reasons for nonapproval.
 30        (4) (a)  All plans and specifications, including  odor  management  plans,
 31        submitted  to  satisfy  the requirements of this section for the construc-
 32        tion, modification, expansion or alteration of waste  handling,  treatment
 33        or  disposal  facilities  for  confined animal feeding operations shall be
 34        submitted to and approved by the director of the department of environmen-
 35        tal quality before construction may begin and all construction shall be in
 36        compliance with the provisions of this section.
 37        (b)  Confined animal feeding operations containing less than one  thousand
 38        (1000)  animal  units shall not require certification by a registered pro-
 39        fessional engineer.
 40        (c)  The director of the department of environmental quality may  delegate
 41        his  authorities  under  this subsection by memorandum of understanding to
 42        the director of the department of agriculture if he deems  the  department
 43        of agriculture's program to be a substantially equivalent program. If such
 44        delegation  occurs  it shall include adequate rulemaking authority for the
 45        director of the department of agriculture to promulgate rules for the con-
 46        trol of waste products and odors generated from such waste products.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE
                               
                           RS 11064
                               
The proposed legislation strikes an exception for certain dairy systems. Approval and
compliance of all plans and specifications for the construction, modification or expansion of
systems, plants and facilities of confined animal feed operations (CAFO) be approved by the
director of the Department of Environmental Quality (DEQ). The proposed legislation
construction comply with Idaho Code requirements and provides an exemption for certain
CAFOs. Additionally, the proposed legislation authorizes the director of DEQ to delegate
certain authority to the director of the Department of Agriculture in certain instances and for
rule making.
                                
                        FISCAL IMPACT
                               
It is anticipated that the funds already appropriated to the Department of Agriculture
for this purpose would be used by the Department of Agriculture under the delegated
authority.


         CONTACT:  Senator Laird Noh
         332-1333

STATEMENT OF PURPOSE/FISCAL IMPACT                        S 1148