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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
|||| 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 department23 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 welfaredivision 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 departmentdivision. The departmentdivision 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 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