2000 Legislation
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HOUSE BILL NO. 696 – Swine/poultry fclty/finance assurnc

HOUSE BILL NO. 696

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H0696...............................................by AGRICULTURAL AFFAIRS
SWINE/POULTRY FACILITIES - Amends existing law to require financial
assurances for operation, closure and remediation of swine and poultry
facilities required to obtain a permit from the Division of Environmental
Quality; to provide requirements; to provide for a variety of financial
assurances; to provide that the boards of county commissioners and
governing bodies of cities may impose more stringent requirements and may
choose to determine if a facility is properly closed; and to provide that
local determinations regarding closure may not permit lesser standards than
those imposed by the Division of Environmental Quality.
                                                                        
02/25    House intro - 1st rdg - to printing
02/28    Rpt prt - to Agric Aff
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 60-1-9
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Jaquet, Judd, Kellogg, Kendell, Kunz,
      Lake, Linford, Loertscher, Marley, McKague, Meyer, Montgomery,
      Mortensen, Moss, Pearce, Pischner, Pomeroy, Reynolds, Ridinger,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann
      NAYS -- Moyle
      Absent and excused -- Crow, Cuddy, Geddes, Hammond, Jones, Kempton,
      Mader, Ringo, Mr Speaker
    Floor Sponsor - Stevenson
    Title apvd - to Senate
03/15    Senate intro - 1st rdg - to Agric Aff
03/21    Rpt out - rec d/p - to 2nd rdg
03/22    2nd rdg - to 3rd rdg
04/03    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsors - Noh, Stennett
    Title apvd - to House
04/04    To enrol - rpt enrol - Sp signed
04/05    Pres signed - to Governor
04/12    Governor signed
         Session Law Chapter 221
         Effective: 04/12/00

Bill Text


 H0696
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 696
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SWINE AND POULTRY  FACILITIES;  AMENDING  SECTION  39-104A,  IDAHO
  3        CODE,   TO   REQUIRE  FINANCIAL  ASSURANCES  FOR  OPERATION,  CLOSURE  AND
  4        REMEDIATION OF SWINE AND POULTRY FACILITIES REQUIRED TO  OBTAIN  A  PERMIT
  5        FROM  THE  DIVISION  OF ENVIRONMENTAL QUALITY, TO PROVIDE REQUIREMENTS, TO
  6        PROVIDE FOR A VARIETY OF FINANCIAL ASSURANCES, TO PROVIDE THAT  BOARDS  OF
  7        COUNTY COMMISSIONERS AND GOVERNING BODIES OF CITIES MAY IMPOSE MORE STRIN-
  8        GENT REQUIREMENTS, TO PROVIDE THAT BOARDS OF COUNTY COMMISSIONERS AND GOV-
  9        ERNING  BODIES OF CITIES MAY CHOOSE TO DETERMINE IF A FACILITY IS PROPERLY
 10        CLOSED, TO REQUIRE COMMUNICATION TO THE DIRECTOR IN  WRITING,  TO  PROVIDE
 11        THAT  LOCAL  DETERMINATIONS  REGARDING CLOSURE MAY NOT PERMIT LESSER STAN-
 12        DARDS THAN THOSE IMPOSED BY THE DIVISION AND TO PROVIDE  DEFINITIONS;  AND
 13        DECLARING AN EMERGENCY.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION  1.  That  Section 39-104A, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        39-104A.  AUTHORITY TO MAKE RULES REGULATING LARGE SWINE AND POULTRY FEED-
 18    ING OPERATIONS -- FINANCIAL ASSURANCES. (1) The state of Idaho is experiencing
 19    the development of large swine and poultry feeding operations which are inade-
 20    quately controlled through existing state regulatory mechanisms. If not  prop-
 21    erly  regulated,  these  facilities  pose  a threat to the state's surface and
 22    ground water resources. Due to existing rulemaking authority,  the  department
 23    of health and welfare, division of environmental quality, is in the best posi-
 24    tion  of  all state agencies to modify its present rules and to make new rules
 25    to develop an adequate regulatory framework for large swine and poultry  feed-
 26    ing operations.
 27        (2)  The  department of health and welfare division of environmental qual-
 28    ity is authorized to modify its existing administrative rules and to make  new
 29    rules  regulating large swine and poultry feeding operations, as they shall be
 30    defined by the department division. The department division is  authorized  to
 31    work  with  the  Idaho  department  of  agriculture in the development of such
 32    rules.
 33        (3)  Owners and operators of swine  and  poultry  facilities  required  to
 34    obtain a permit from the division of environmental quality to construct, oper-
 35    ate,  expand or close the facilities shall provide financial assurances demon-
 36    strating financial capability to meet requirements for operation  and  closure
 37    of the facilities and remediation. Requirements for financial assurances shall
 38    be  determined  by  the  agency as set forth in rule. Financial assurances may
 39    include any mechanism or combination of mechanisms  meeting  the  requirements
 40    established  by agency rule including, but not limited to, surety bonds, trust
 41    funds, irrevocable letters of credit, insurance and corporate guarantees.  The
 42    mechanism(s)  used  to demonstrate financial capability must be legally valid,
 43    binding and enforceable under applicable law and must ensure  that  the  funds
                                                                        
                                           2
                                                                        
  1    necessary to meet the costs of closure and remediation will be available when-
  2    ever  the  funds are needed.  The director may retain financial assurances for
  3    up to five (5) years after closure of a facility to ensure proper closure  and
  4    remediation, as defined by rule.
  5        (4)  Nothing  in this section prohibits the boards of county commissioners
  6    of any county or the governing body of any city from adopting regulations that
  7    are more stringent or that require greater  financial  assurances  than  those
  8    imposed  by  the  division of environmental quality. A board of county commis-
  9    sioners of a county or a governing body of a city in which a swine or  poultry
 10    facility  is  located may choose to determine whether the facility is properly
 11    closed according to imposed standards or may leave that determination  to  the
 12    division.  This  choice  shall be communicated to the director in writing when
 13    closure begins; provided that determinations of closure by a board  of  county
 14    commissioners  of a county or a governing body of a city in which the swine or
 15    poultry facility is located shall not  permit  closure  under  less  stringent
 16    requirements than those imposed by the division.
 17        (5)  As used in this section:
 18        (a)  "Animal  unit"  means  a  unit equaling two and one-half (2.5) swine,
 19        each weighing over twenty-five (25)  kilograms  (approximately  fifty-five
 20        (55)  pounds),  or  ten (10) weaned swine, each weighing under twenty-five
 21        (25) kilograms, or one hundred (100) poultry. Total animal units are  cal-
 22        culated  by  adding  the  number  of  swine weighing over twenty-five (25)
 23        kilograms multiplied by four-tenths (.4) plus the number of  weaned  swine
 24        weighing  under  twenty-five  (25)  kilograms multiplied by one-tenth (.1)
 25        plus the number of poultry multiplied by one one-hundredth (.01).
 26        (b)  "Facilities" or "facility" means a place, site or  location  or  part
 27        thereof  where  swine  or  poultry  are kept, handled, housed or otherwise
 28        maintained and includes, but is not limited to, buildings, lots, pens  and
 29        animal  waste  management  systems,  and  which has a one-time animal unit
 30        capacity of two thousand (2,000) or more animal units.
 31        (c)  "Large swine and poultry feeding operations" means  swine  facilities
 32        and poultry facilities having a one-time animal unit capacity of two thou-
 33        sand (2,000) or more animal units.
 34        (d)  "One-time  animal  unit  capacity" means the maximum number of animal
 35        units that a facility is capable of housing at any given time.
                                                                        
 36        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 37    declared to exist, this act shall be in full force and effect on and after its
 38    passage and approval.

Statement of Purpose / Fiscal Impact


          
     
                 STATEMENT OF PURPOSE
                      RS 10170C1
     
     Relating to large swine and poultry confined feeding operations. To define
     financial responsibility for operation, closure and remediation. 
     
     To define who has the responsibility for determining when facilities are closed,
     and allowing financial assurance to be held for five (5) years following closure. 
     
     Allowing counties and cities to have more stringent financial requirements and
     providing definitions. 
     
     
     
     
                    FISCAL IMPACT 
     
     No impact on state or local governments. 
     
     
     
     Contact 
               Rep. Jones 
               Rep. Stevenson
               Rep. Jaquet 
     
               Phone:    332-1000 
     
     
     
     
                                        STATEMENT OF PURPOSE/FISCAL NOTE                             H 696