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H0242aa,aa..........................................by AGRICULTURAL AFFAIRS
RIGHT TO FARM - Amends existing law to provide that in the event of an
alleged nuisance from agricultural operations pursuant to a federal or
state environmental permit or caused by a violation of the permits, terms
or conditions, the affected party shall seek enforcement of the terms of
the permit.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Agric Aff
03/03 Rpt out - to Gen Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/08 2nd rdg - to 3rd rdg as amen
03/09 Ret'd to Gen Ord
03/10 Rpt out amen - to engros
03/11 Rpt engros - 1st rdg - to 2nd rdg as amen
Rules susp - PASSED - 55-12-3
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Black,
Bruneel, Callister, Campbell, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Hornbeck, Jones, Judd, Kellogg,
Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher, Mader,
McKague, Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds,
Sali, Schaefer, Sellman, Stevenson, Stone, Taylor, Tilman, Tippets,
Trail, Wheeler, Williams, Wood, Zimmermann
NAYS -- Bieter, Boe, Chase, Henbest, Jaquet, Marley, Ringo, Robison,
Smith, Smylie, Stoicheff, Watson
Absent and excused -- Meyer, Ridinger, Mr Speaker
Floor Sponsor - Lake, Field(20)
Title apvd - to Senate
03/12 Senate intro - 1st rdg as amen - to Agric Aff
03/15 Rpt out - rec d/p - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 25-8-2
AYES--Andreason, Boatright, Branch, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Geddes, Hawkins, Ingram, Keough,
King, Lee, McLaughlin, Richardson, Riggs, Risch, Sandy, Sorensen,
Stegner, Thorne, Twiggs
NAYS--Bunderson, Dunklin, Frasure, Noh, Schroeder, Stennett, Wheeler,
Whitworth
Absent and excused--Ipsen, Parry
Floor Sponsor - Burtenshaw
Title apvd - to House
03/18 To enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/26 Governor signed
Session Law Chapter 377
Effective: 03/26/99
H0242|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 242, As Amended, As Amended BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE RIGHT TO FARM ACT; AMENDING SECTION 22-4502, IDAHO CODE, TO 3 FURTHER DEFINE TERMS; AND AMENDING SECTION 22-4503, IDAHO CODE, TO PROVIDE 4 THAT IN THE EVENT OF AN ALLEGED NUISANCE RESULTING FROM AGRICULTURAL OPER- 5 ATIONS PURSUANT TO A FEDERAL OR STATE ENVIRONMENTAL PERMIT OR CAUSED BY A 6 VIOLATION OF THE PERMIT(S), TERMS OR CONDITIONS, THE AFFECTED PARTY SHALL 7 SEEK ENFORCEMENT OF THE TERMS OF THE PERMIT; AND DECLARING AN EMERGENCY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 22-4502, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 22-4502. DEFINITIONS. As used in this chapter: 12 (1) "Agricultural operation" includes, without limitation, any facility 13 for the growing, raising or production of agricultural, horticultural and 14 viticultural crops and vegetable products of the soil, poultry and poultry 15 products, livestock, field grains, seeds, hay, apiary and dairy products, and 16 the processing for commercial purposes of livestock or agricultural 17 commodities , including the processing of such commodities into food com- 18 modities . 19 (2) "Nonagricultural activities," for the purposes of this chapter, means 20 residential, commercial or industrial property development and use not 21 associated with the production of food commodities . 22 (3) "Improper or negligent operation" means that the agricultural opera- 23 tion is not undertaken in conformity with federal, state and local laws and 24 regulations or permits , and adversely affects the public health 25 and safety. 26 SECTION 2. That Section 22-4503, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 22-4503. AGRICULTURAL OPERATION NOT A NUISANCE -- EXCEPTION. No agricul- 29 tural operation or an appurtenance to it shall be or become a nuisance, pri- 30 vate or public, by any changed conditions in or about the surrounding 31 nonagricultural activities after the same has been in operation for more than 32 one (1) year, when the operation was not a nuisance at the time the operation 33 began; provided, that the provisions of this section shall not apply whenever 34 a nuisance results from the improper or negligent operation of any agricul- 35 tural operation or an appurtenance to it. In the event of an alleged 36 nuisance resulting from agricultural operations pursuant to a federal or state 37 environmental permit or caused by a violation of the permit(s), terms or con- 38 ditions, the affected party shall seek enforcement of the terms of the permit. 39 40 SECTION 3. An emergency existing therefor, which emergency is hereby 2 1 declared to exist, this act shall be in full force and effect on and after its 2 passage and approval.
AH0242|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Lake Seconded by Field (20) IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 242 1 AMENDMENT TO SECTION 2 2 On page 1 of the printed bill, delete lines 32 through 35 and insert: 3 "tural operation or an appurtenance to it. In the event of an alleged 4 nuisance resulting from agricultural operations pursuant to a federal or state 5 environmental permit or caused by a violation of the permit(s), terms or con- 6 ditions, the affected party shall seek enforcement of the terms of the permit 7 by the issuing governmental agency. ". 8 CORRECTION TO TITLE 9 On page 1, delete lines 4 through 6 and insert: "THAT IN THE EVENT OF AN 10 ALLEGED NUISANCE RESULTING FROM AGRICULTURAL OPERATIONS PURSUANT TO A FEDERAL 11 OR STATE ENVIRONMENTAL PERMIT OR CAUSED BY A VIOLATION OF THE PERMIT(S), TERMS 12 OR CONDITIONS, THE AFFECTED PARTY SHALL SEEK ENFORCEMENT OF THE TERMS OF THE 13 PERMIT BY THE ISSUING GOVERNMENTAL AGENCY; AND DECLARING AN EMERGENCY.". Moved by Lake Seconded by Jones IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 242, As Amended 14 AMENDMENT TO SECTION 2 15 On page 1 of the engrossed bill, in line 37, following " permit 16 " delete the remainder of the line, and delete line 38 and insert: 17 " . ". 18 CORRECTION TO TITLE 19 On page 1, in lines 7 and 8, delete "BY THE ISSUING GOVERNMENTAL AGENCY".
STATEMENT OF PURPOSE
RS08991
Enacted in 1981, Idaho's Right to Farm Act protects the owners
and operators of agricultural operations against nuisance
lawsuits by owners of residential, commercial and industrial
facilities who locate such facilities in an area that has
traditionally been agricultural. The Act provides a broad
definition of "agricultural operations" and impliedly includes
food processing facilities. To make this implication explicit,
this legislation provides that facilities that process
agricultural products into food are included in the definition of
"agricultural operations." The legislation also provides that if
a food processing facility creates a "nuisance" as a result of a
violation of an environmental permit, the legal remedy to cure
the nuisance is through the enforcement of a food processing
facility's environmental permit or permits.
FISCAL NOTE
This legislation has no fiscal impact
CONTACT: Roy Eiguren
Phone #338-1313
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 242