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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
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
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