View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1514..........................................by RESOURCES AND ENVIRONMENT
LARGE SWINE AND LARGE POULTRY FEEDING OPERATIONS - Amends, repeals and adds
to existing law to provide a moratorium on the construction or expansion of
large swine and large poultry feeding operations and the waste management,
storage, distribution and treatment facilities and systems used by such
operations.
02/21 Senate intro - 1st rdg - to printing
02/22 Rpt prt - to Res/Env
S1514
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1514
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO CONFINED OR LARGE SWINE AND POULTRY FEEDING OPERATIONS; AMENDING
3 CHAPTER 1, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-102A,
4 IDAHO CODE, TO IMPOSE A ONE-YEAR MORATORIUM ON THE CONSTRUCTION OR EXPAN-
5 SION OF LARGE SWINE AND LARGE POULTRY FEEDING OPERATIONS AND WASTE MANAGE-
6 MENT, STORAGE, DISTRIBUTION AND TREATMENT FACILITIES AND SYSTEMS USED BY
7 SUCH OPERATIONS, TO PROVIDE EXCEPTIONS AND TO PROVIDE DEFINITIONS; REPEAL-
8 ING SECTION 39-104A, IDAHO CODE; AMENDING CHAPTER 1, TITLE 39, IDAHO CODE,
9 BY THE ADDITION OF A NEW SECTION 39-104A, IDAHO CODE, TO PROVIDE FOR RULES
10 REGULATING LARGE SWINE AND POULTRY OPERATIONS; DECLARING AN EMERGENCY AND
11 PROVIDING EFFECTIVE DATES.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Chapter 1, Title 39, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 39-102A, Idaho Code, and to read as follows:
16 39-102A. MORATORIUM ON LARGE SWINE AND POULTRY FEEDING OPERATIONS. (1)
17 Moratorium. There is hereby established a moratorium on the construction or
18 expansion of large swine or large poultry feeding operations and waste manage-
19 ment, storage, distribution and treatment facilities and systems used by such
20 operations. The moratorium is imposed for one (1) year beginning on the effec-
21 tive date of this section. During the moratorium period, no permits may be
22 issued by the Idaho department of health and welfare, the Idaho department of
23 water resources, the Idaho department of agriculture or any other state agency
24 or unit of local government to allow the construction of a new or substantial
25 expansion of a large swine or large poultry feeding operation or waste manage-
26 ment, storage, distribution and treatment facilities and systems used by such
27 operations.
28 (2) Exceptions. The moratorium imposed in this section does not prohibit:
29 (a) Repair or maintenance of existing facilities or systems at an exist-
30 ing concentrated animal feeding operation so long as the number of animals
31 processed at the facility does not exceed the facility's capacity as
32 authorized by permit;
33 (b) Construction or expansion is authorized for facilities in existence
34 before the effective date of this section.
35 (3) Definitions.
36 (a) "Animal unit" means a unit of measurement for any animal feeding
37 operation calculated by adding the following numbers: the number of swine
38 weighing over twenty-five (25) kilograms, approximately fifty-five (55)
39 pounds, multiplied by four-tenths (0.4), plus the number of weaned swine
40 weighing under twenty-five (25) kilograms multiplied by one-tenth (0.1),
41 plus the number of chickens multiplied by one one-hundredth (0.01).
42 (b) "Expansion" means an increase in the number of animals processed at
43 the facility exceeding the capacity of the facility as authorized by per-
2
1 mit.
2 (c) "Large swine or large poultry feeding operation" means a lot or
3 facility where the following conditions are met:
4 (i) Animals have been, are, or will be stabled or confined and fed
5 or maintained for a total of ninety (90) consecutive days or more in
6 any twelve-month period;
7 (ii) Crops, vegetation, forage growth or postharvest residues are
8 not sustained in the normal growing season over any portion of the
9 lot or facility; and
10 (iii) The lot or facility is designed to confine an equivalent of one
11 thousand (1,000) animal units. One thousand (1,000) animal units is
12 the equivalent of the number of animals specified in the following
13 categories:
14 1. Swine weighing over twenty-five (25) kilograms, approxi-
15 mately fifty-five (55) pounds ......................... 2,500
16 2. Laying hens or broilers (if the facility has continuous
17 overflow watering) ..................................... 100,000
18 3. Laying hens or broilers (if the facility has a liquid manure
19 system) ................................................ 30,000
20 (3) Two (2) or more large swine or large poultry feeding operations under
21 common ownership are considered, for the purposes of this definition, to be a
22 single large swine or large poultry feeding operation if they adjoin each
23 other or if they use a common area or system for the disposal of wastes.
24 SECTION 2. That Section 39-104A, Idaho Code, be, and the same is hereby
25 repealed.
26 SECTION 3. That Chapter 1, Title 39, Idaho Code, be, and the same is
27 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
28 ignated as Section 39-104A, Idaho Code, and to read as follows:
29 39-104A. AUTHORITY TO MAKE RULES REGULATING LARGE SWINE AND POULTRY FEED-
30 ING OPERATIONS. (1) The state of Idaho is experiencing the development of
31 large swine and poultry feeding operations which are inadequately controlled
32 through existing state regulatory mechanisms. If not properly regulated, these
33 facilities pose a threat to the state's surface and ground water resources.
34 Due to existing rulemaking authority, the department of health and welfare,
35 division of environmental quality, is in the best position of all state agen-
36 cies to modify its present rules and to make new rules to develop an adequate
37 regulatory framework for large swine and poultry feeding operations.
38 (2) The department of health and welfare is authorized to modify its
39 existing administrative rules and to make new rules regulating large swine and
40 poultry feeding operations, as they shall be defined by the department. The
41 department is authorized to work with the Idaho department of agriculture in
42 the development of such rules.
43 SECTION 4. An emergency existing therefor, which emergency is hereby
44 declared to exist, Sections 1 and 2 of this act shall be in full force and
45 effect on and after its passage and approval; and Section 3 of this act shall
46 be in full force and effect on and after July 1, 2001.
STATEMENT OF PURPOSE
RS09883C2
This measure would amend Idaho Code to enact a one year moratorium on
the construction of new large swine and poultry operations effective on the date of
passage. Exceptions to the moratorium are consistent with existing Idaho code for
such operations. A new section will be added to Idaho code to provide authority
for the department of health and welfare to modify existing administrative rules
and to 'create new administrative rules to regulate large swine and poultry
operations. The department of health and welfare is authorized to work with the
department of agriculture in the modification and development of administrative
rules for large swine and poultry operations.
FISCAL NOTE
There is no fiscal impact.
CONTACT: Senator Clint Stennett
332-1351
Representative Roger Chase
332-1131
STATEMENT OF PURPOSE/ FISCAL NOTE S1514