2001 Legislation
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HOUSE BILL NO. 211 – CAFOs, site advisory team

HOUSE BILL NO. 211

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H0211aa.............................................by AGRICULTURAL AFFAIRS
CONFINED ANIMAL FEEDING OPERATIONS - Adds to existing law relating to local
land use planning to provide for legislative findings; to provide for odor
management plans for confined animal feeding operations (CAFOs); to provide
for county requests for suitability determinations and to provide for local
regulation; to provide a process and content for a county request; to
provide responsibilities for the Department of Agriculture, Department of
Environmental Quality and the Department of Water Resources; to authorize
rulemaking and agreements with other agencies; to provide for the report of
the siting advisory team; and to provide for county action.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Env Aff
02/16    Rpt out - to Agric Aff
03/08    Rpt out - to Gen Ord
03/12    Rpt out amen - to engros
03/13    Rpt engros - 1st rdg - to 2nd rdg as amen
03/14    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED as amen - 58-11-1
      AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bruneel,
      Callister, Chase, Clark, Collins, Crow, Cuddy, Deal, Ellis,
      Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley,
      Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg,
      Kendell, Kunz, Lake, Langford, Marley, Meyer, Montgomery, Mortensen,
      Moss, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
      Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan(Block),
      Tilman, Trail, Wheeler, Young, Mr. Speaker
      NAYS -- Barrett, Bradford, Campbell, Denney, Loertscher, Mader,
      McKague, Moyle, Pearce, Sali, Wood
      Absent and excused -- Schaefer
    Floor Sponsor -- Jones
    Title apvd - to Senate
03/15    Senate intro - 1st rdg - to Agric Aff
03/20    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg as amen
03/23    3rd rdg as amen - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins,
      Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson,
      Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne,
      Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Danielson, Geddes
    Floor Sponsors -- Sandy, Noh, Stennett
    Title apvd - to House
03/26    To enrol - rpt enrol - Sp signed
03/28    Pres signed
03/29    To Governor
04/11    Governor signed
         Session Law Chapter 381
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 211
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LOCAL LAND USE PLANNING; AMENDING  CHAPTER  65,  TITLE  67,  IDAHO
  3        CODE,  BY THE ADDITION OF A NEW SECTION 67-6529A, IDAHO CODE, TO PROVIDE A
  4        SHORT TITLE; AMENDING CHAPTER 65, TITLE 67, IDAHO CODE, BY THE ADDITION OF
  5        A NEW SECTION 67-6529B, IDAHO CODE, TO PROVIDE  FOR  LEGISLATIVE  FINDINGS
  6        AND PURPOSE; AMENDING CHAPTER 65, TITLE 67, IDAHO CODE, BY THE ADDITION OF
  7        A  NEW SECTION 67-6529C, IDAHO CODE, TO DEFINE TERMS; AMENDING CHAPTER 65,
  8        TITLE 67, IDAHO CODE, BY THE ADDITION OF A  NEW  SECTION  67-6529D,  IDAHO
  9        CODE, TO REQUIRE ODOR MANAGEMENT PLANS, TO PROVIDE FOR COUNTY REQUESTS FOR
 10        SUITABILITY  DETERMINATIONS  AND TO PROVIDE FOR LOCAL REGULATION; AMENDING
 11        CHAPTER 65, TITLE 67, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
 12        67-6529E,  IDAHO  CODE, TO PROVIDE A PROCESS FOR A COUNTY REQUEST, TO PRO-
 13        VIDE FOR CONTENT OF THE REQUEST AND CERTAIN ADDITIONAL INFORMATION; AMEND-
 14        ING CHAPTER 65, TITLE 67, IDAHO CODE, BY THE ADDITION  OF  A  NEW  SECTION
 15        67-6529F,  IDAHO CODE, TO PROVIDE CERTAIN RESPONSIBILITIES FOR THE DEPART-
 16        MENT OF AGRICULTURE, THE  DEPARTMENT  OF  ENVIRONMENTAL  QUALITY  AND  THE
 17        DEPARTMENT  OF WATER RESOURCES, TO AUTHORIZE RULEMAKING AND TO PROVIDE FOR
 18        AGREEMENTS WITH OTHER AGENCIES; AND AMENDING CHAPTER 65, TITLE  67,  IDAHO
 19        CODE,  BY  THE  ADDITION OF A NEW SECTION 67-6529G, IDAHO CODE, TO PROVIDE
 20        FOR THE REPORT OF THE SITING ADVISORY  TEAM  AND  TO  PROVIDE  FOR  COUNTY
 21        ACTION.
                                                                        
 22    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 23        SECTION  1.  That  Chapter  65,  Title 67, Idaho Code, be, and the same is
 24    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 25    ignated as Section 67-6529A, Idaho Code, and to read as follows:
                                                                        
 26        67-6529A.  SHORT  TITLE.  This act shall be referred to as the "Site Advi-
 27    sory Team Suitability Determination Act."
                                                                        
 28        SECTION 2.  That Chapter 65, Title 67, Idaho Code, be,  and  the  same  is
 29    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 30    ignated as Section 67-6529B, Idaho Code, and to read as follows:
                                                                        
 31        67-6529B.  LEGISLATIVE FINDINGS AND PURPOSES. The legislature finds that:
 32        (1)  Confined animal feeding operations increase social and  environmental
 33    impacts in areas where these facilities are located;
 34        (2)  The  siting  of  confined  animal feeding operations is a complex and
 35    technically difficult undertaking requiring assistance to counties  and  other
 36    units of local government as they exercise their land use planning authority;
 37        (3)  It  is  in  the interest of the state of Idaho that state departments
 38    and agencies use their particular expertise to assist counties and other local
 39    governments in the environmental evaluation of appropriate sites for  confined
 40    animal feeding operations.
                                                                        
                                           2
                                                                        
  1        SECTION  3.  That  Chapter  65,  Title 67, Idaho Code, be, and the same is
  2    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  3    ignated as Section 67-6529C, Idaho Code, and to read as follows:
                                                                        
  4        67-6529C.  DEFINITIONS.  As  used  in  this act, the following definitions
  5    shall apply:
  6        (1)  "Animal unit" means a unit of  measurement  for  any  animal  feeding
  7    operation  calculated by adding the following numbers: The number of slaughter
  8    and feeder cattle multiplied by one (1), plus the number of young slaughter or
  9    feeder cattle less than twelve (12) months of  age  multiplied  by  six-tenths
 10    (0.6),  plus  the  number  of  mature dairy cattle multiplied by one and four-
 11    tenths (1.4), plus the number of young dairy cattle multiplied  by  six-tenths
 12    (0.6),  plus  the  number  of  swine weighing over twenty-five (25) kilograms,
 13    approximately fifty-five (55) pounds, multiplied by  four-tenths  (0.4),  plus
 14    the  number  of  weaned swine weighing under twenty-five (25) kilograms multi-
 15    plied by one-tenth (0.1), plus the number of  sheep  multiplied  by  one-tenth
 16    (0.1),  plus  the  number  of horses multiplied by two (2), plus the number of
 17    chickens multiplied by one-hundredth (0.01);
 18        (2)  "CAFO," also referred to as "concentrated animal  feeding  operation"
 19    or "confined animal feeding operation," means a lot or facility where the fol-
 20    lowing conditions are met:
 21        (a)  Animals  have  been,  are,  or will be stabled or confined and fed or
 22        maintained for a total of ninety (90) consecutive  days  or  more  in  any
 23        twelve-month period;
 24        (b)  Crops, vegetation, forage growth or postharvest residues are not sus-
 25        tained  in the normal growing season over any portion of the lot or facil-
 26        ity; and
 27        (c)  The lot or facility is designed to confine or actually  does  confine
 28        an equivalent of one thousand (1,000) animal units.
 29        Two (2) or more concentrated animal feeding operations under common owner-
 30    ship  are considered, for the purposes of this definition, to be a single ani-
 31    mal feeding operation if they adjoin each other or if they use a  common  area
 32    or system for the disposal of wastes;
 33        (3)  "CAFO  site  advisory  team"  shall mean representatives of the Idaho
 34    state department of agriculture, Idaho department of environmental quality and
 35    Idaho department of water resources who review a site  proposed  for  a  CAFO,
 36    determine  environmental  risks  and  submit  a suitability determination to a
 37    county;
 38        (4)  "Environmental risk" shall mean that risk to the  environment  deemed
 39    posed  by a proposed CAFO site, as determined and categorized by the CAFO site
 40    advisory team and set forth in the site advisory team's suitability determina-
 41    tion report;
 42        (5)  "Suitability determination" shall mean that document created and sub-
 43    mitted by the CAFO site advisory team after review and analysis of a  proposed
 44    CAFO  site that identifies the environmental risk categories related to a pro-
 45    posed CAFO site, describes the factors that contribute  to  the  environmental
 46    risks and sets forth any possible mitigation of risk.
                                                                        
 47        SECTION  4.  That  Chapter  65,  Title 67, Idaho Code, be, and the same is
 48    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 49    ignated as Section 67-6529D, Idaho Code, and to read as follows:
                                                                        
 50        67-6529D.  ODOR  MANAGEMENT PLANS -- COUNTY REQUEST FOR SUITABILITY DETER-
 51    MINATION -- LOCAL REGULATION. (1) Counties shall require  all  applicants  for
 52    siting  of  a CAFO to submit an odor management plan as part of their applica-
                                                                        
                                           3
                                                                        
  1    tion.
  2        (2)  A board of county commissioners considering the siting of a CAFO  may
  3    request  the  director  of  the  department of agriculture to form a CAFO site
  4    advisory team to provide a suitability determination for the site.
  5        (3)  This act does not preempt local regulation of a CAFO.
                                                                        
  6        SECTION 5.  That Chapter 65, Title 67, Idaho Code, be,  and  the  same  is
  7    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  8    ignated as Section 67-6529E, Idaho Code, and to read as follows:
                                                                        
  9        67-6529E.  PROCESS FOR COUNTY REQUEST -- CONTENTS OF THE  REQUEST.  (1)  A
 10    board  of  county  commissioners  shall  submit  its request for a suitability
 11    determination by a site advisory team  in  writing  to  the  director  of  the
 12    department  of  agriculture and shall support its request by the adoption of a
 13    resolution.
 14        (2)  Information in the request shall include, but not be limited to,  the
 15    relevant legal description and address of a proposed facility, the animal-unit
 16    capacity  of the facility, the types of animals to be confined at the proposed
 17    facility, all information related to water and water rights of  the  facility,
 18    any relevant vicinity maps and any other information relevant to the site that
 19    will  assist  the site advisory team in issuing its suitability determination.
 20    The board of county commissioners shall also provide the  site  advisory  team
 21    with  a  copy  of  the odor management plan for the CAFO, as is required to be
 22    submitted by the site applicant at the time of application.
                                                                        
 23        SECTION 6.  That Chapter 65, Title 67, Idaho Code, be,  and  the  same  is
 24    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 25    ignated as Section 67-6529F, Idaho Code, and to read as follows:
                                                                        
 26        67-6529F.  DEPARTMENT RESPONSIBILITIES -- AUTHORITY  TO  ADOPT  RULES  AND
 27    CONTRACT  WITH  OTHER AGENCIES. (1) Upon the request of a board of county com-
 28    missioners, the director of the department of agriculture shall  form  a  site
 29    advisory  team  specific  to  the  request of the county.  The director of the
 30    department of environmental quality and the  director  of  the  department  of
 31    water  resources  shall  provide full cooperation in the formation of the site
 32    advisory team.
 33        (2)  The CAFO site advisory team shall review the information provided  by
 34    the county and shall visit the site as may be necessary in the judgment of the
 35    team.
 36        (3)  Within  thirty  (30)  days of receiving the request for a suitability
 37    determination by a board of county commissioners, the CAFO site advisory  team
 38    shall  issue a written suitability determination and provide a copy in writing
 39    to the board of county commissioners that requested the review.
 40        (4)  Any director responsible for carrying out the purposes  of  this  act
 41    may  adopt  administrative  rules necessary or helpful to carry out those pur-
 42    poses.
 43        (5)  Any director responsible for carrying out the purposes  of  this  act
 44    may  enter into contracts, agreements, memorandums and other arrangements with
 45    federal, state and local agencies to carry out the purposes of this act.
                                                                        
 46        SECTION 7.  That Chapter 65, Title 67, Idaho Code, be,  and  the  same  is
 47    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 48    ignated as Section 67-6529G, Idaho Code, and to read as follows:
                                                                        
 49        67-6529G.  REPORT OF CAFO SITE ADVISORY TEAM -- COUNTY ACTION.  The  board
                                                                        
                                           4
                                                                        
  1    of county commissioners requesting the suitability determination, upon receipt
  2    of  the  written  suitability  determination  report by the CAFO site advisory
  3    team, may use the report as the county deems appropriate.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved by    Jones               
                                                                        
                                                     Seconded by Stevenson           
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 211
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 3
  2        On page 2 of the printed bill, in line 28, following "units"  insert:  "or
  3    more";  and  in line 37, following "county" insert: ". The department of agri-
  4    culture shall serve as the lead agency for the team".
                                                                        
  5                               AMENDMENTS TO SECTION 4
  6        On page 2, in line 51, delete "shall" and insert: "may"; and also in  line
  7    51, delete "all applicants" and insert: "an applicant".
                                                                        
  8                                AMENDMENT TO SECTION 5
  9        On page 3, in line 21, delete "as is" and insert: "if".
                                                                        
 10                                AMENDMENT TO SECTION 6
 11        On page 3, in line 28, following "form" insert: "and chair".
                                                                        
 12                                 CORRECTION TO TITLE
 13        On page 1, in line 9, delete "REQUIRE" and insert: "PROVIDE FOR".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 211, As Amended
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LOCAL LAND USE PLANNING; AMENDING  CHAPTER  65,  TITLE  67,  IDAHO
  3        CODE,  BY THE ADDITION OF A NEW SECTION 67-6529A, IDAHO CODE, TO PROVIDE A
  4        SHORT TITLE; AMENDING CHAPTER 65, TITLE 67, IDAHO CODE, BY THE ADDITION OF
  5        A NEW SECTION 67-6529B, IDAHO CODE, TO PROVIDE  FOR  LEGISLATIVE  FINDINGS
  6        AND PURPOSE; AMENDING CHAPTER 65, TITLE 67, IDAHO CODE, BY THE ADDITION OF
  7        A  NEW SECTION 67-6529C, IDAHO CODE, TO DEFINE TERMS; AMENDING CHAPTER 65,
  8        TITLE 67, IDAHO CODE, BY THE ADDITION OF A  NEW  SECTION  67-6529D,  IDAHO
  9        CODE, TO PROVIDE FOR ODOR MANAGEMENT PLANS, TO PROVIDE FOR COUNTY REQUESTS
 10        FOR SUITABILITY DETERMINATIONS AND TO PROVIDE FOR LOCAL REGULATION; AMEND-
 11        ING  CHAPTER  65,  TITLE  67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
 12        67-6529E, IDAHO CODE, TO PROVIDE A PROCESS FOR A COUNTY REQUEST,  TO  PRO-
 13        VIDE FOR CONTENT OF THE REQUEST AND CERTAIN ADDITIONAL INFORMATION; AMEND-
 14        ING  CHAPTER  65,  TITLE  67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
 15        67-6529F, IDAHO CODE, TO PROVIDE CERTAIN RESPONSIBILITIES FOR THE  DEPART-
 16        MENT  OF  AGRICULTURE,  THE  DEPARTMENT  OF  ENVIRONMENTAL QUALITY AND THE
 17        DEPARTMENT OF WATER RESOURCES, TO AUTHORIZE RULEMAKING AND TO PROVIDE  FOR
 18        AGREEMENTS  WITH  OTHER AGENCIES; AND AMENDING CHAPTER 65, TITLE 67, IDAHO
 19        CODE, BY THE ADDITION OF A NEW SECTION 67-6529G, IDAHO  CODE,  TO  PROVIDE
 20        FOR  THE  REPORT  OF  THE  SITING  ADVISORY TEAM AND TO PROVIDE FOR COUNTY
 21        ACTION.
                                                                        
 22    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 23        SECTION 1.  That Chapter 65, Title 67, Idaho Code, be,  and  the  same  is
 24    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 25    ignated as Section 67-6529A, Idaho Code, and to read as follows:
                                                                        
 26        67-6529A.  SHORT TITLE. This act shall be referred to as the  "Site  Advi-
 27    sory Team Suitability Determination Act."
                                                                        
 28        SECTION  2.  That  Chapter  65,  Title 67, Idaho Code, be, and the same is
 29    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 30    ignated as Section 67-6529B, Idaho Code, and to read as follows:
                                                                        
 31        67-6529B.  LEGISLATIVE FINDINGS AND PURPOSES. The legislature finds that:
 32        (1)  Confined  animal feeding operations increase social and environmental
 33    impacts in areas where these facilities are located;
 34        (2)  The siting of confined animal feeding operations  is  a  complex  and
 35    technically  difficult  undertaking requiring assistance to counties and other
 36    units of local government as they exercise their land use planning authority;
 37        (3)  It is in the interest of the state of Idaho  that  state  departments
 38    and agencies use their particular expertise to assist counties and other local
 39    governments  in the environmental evaluation of appropriate sites for confined
 40    animal feeding operations.
                                                                        
                                           2
                                                                        
  1        SECTION 3.  That Chapter 65, Title 67, Idaho Code, be,  and  the  same  is
  2    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  3    ignated as Section 67-6529C, Idaho Code, and to read as follows:
                                                                        
  4        67-6529C.  DEFINITIONS. As used in this  act,  the  following  definitions
  5    shall apply:
  6        (1)  "Animal  unit"  means  a  unit  of measurement for any animal feeding
  7    operation calculated by adding the following numbers: The number of  slaughter
  8    and feeder cattle multiplied by one (1), plus the number of young slaughter or
  9    feeder  cattle  less  than  twelve (12) months of age multiplied by six-tenths
 10    (0.6), plus the number of mature dairy cattle  multiplied  by  one  and  four-
 11    tenths  (1.4),  plus the number of young dairy cattle multiplied by six-tenths
 12    (0.6), plus the number of swine  weighing  over  twenty-five  (25)  kilograms,
 13    approximately  fifty-five  (55)  pounds, multiplied by four-tenths (0.4), plus
 14    the number of weaned swine weighing under twenty-five  (25)  kilograms  multi-
 15    plied  by  one-tenth  (0.1),  plus the number of sheep multiplied by one-tenth
 16    (0.1), plus the number of horses multiplied by two (2),  plus  the  number  of
 17    chickens multiplied by one-hundredth (0.01);
 18        (2)  "CAFO,"  also  referred to as "concentrated animal feeding operation"
 19    or "confined animal feeding operation," means a lot or facility where the fol-
 20    lowing conditions are met:
 21        (a)  Animals have been, are, or will be stabled or  confined  and  fed  or
 22        maintained  for  a  total  of  ninety (90) consecutive days or more in any
 23        twelve-month period;
 24        (b)  Crops, vegetation, forage growth or postharvest residues are not sus-
 25        tained in the normal growing season over any portion of the lot or  facil-
 26        ity; and
 27        (c)  The  lot  or facility is designed to confine or actually does confine
 28        an equivalent of one thousand (1,000) animal units or more.
 29        Two (2) or more concentrated animal feeding operations under common owner-
 30    ship are considered, for the purposes of this definition, to be a single  ani-
 31    mal  feeding  operation if they adjoin each other or if they use a common area
 32    or system for the disposal of wastes;
 33        (3)  "CAFO site advisory team" shall mean  representatives  of  the  Idaho
 34    state department of agriculture, Idaho department of environmental quality and
 35    Idaho  department  of  water  resources who review a site proposed for a CAFO,
 36    determine environmental risks and submit  a  suitability  determination  to  a
 37    county.  The  department of agriculture shall serve as the lead agency for the
 38    team;
 39        (4)  "Environmental risk" shall mean that risk to the  environment  deemed
 40    posed  by a proposed CAFO site, as determined and categorized by the CAFO site
 41    advisory team and set forth in the site advisory team's suitability determina-
 42    tion report;
 43        (5)  "Suitability determination" shall mean that document created and sub-
 44    mitted by the CAFO site advisory team after review and analysis of a  proposed
 45    CAFO  site that identifies the environmental risk categories related to a pro-
 46    posed CAFO site, describes the factors that contribute  to  the  environmental
 47    risks and sets forth any possible mitigation of risk.
                                                                        
 48        SECTION  4.  That  Chapter  65,  Title 67, Idaho Code, be, and the same is
 49    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 50    ignated as Section 67-6529D, Idaho Code, and to read as follows:
                                                                        
 51        67-6529D.  ODOR  MANAGEMENT PLANS -- COUNTY REQUEST FOR SUITABILITY DETER-
 52    MINATION -- LOCAL REGULATION. (1) Counties may require an applicant for siting
                                                                        
                                           3
                                                                        
  1    of a CAFO to submit an odor management plan as part of their application.
  2        (2)  A board of county commissioners considering the siting of a CAFO  may
  3    request  the  director  of  the  department of agriculture to form a CAFO site
  4    advisory team to provide a suitability determination for the site.
  5        (3)  This act does not preempt local regulation of a CAFO.
                                                                        
  6        SECTION 5.  That Chapter 65, Title 67, Idaho Code, be,  and  the  same  is
  7    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  8    ignated as Section 67-6529E, Idaho Code, and to read as follows:
                                                                        
  9        67-6529E.  PROCESS FOR COUNTY REQUEST -- CONTENTS OF THE  REQUEST.  (1)  A
 10    board  of  county  commissioners  shall  submit  its request for a suitability
 11    determination by a site advisory team  in  writing  to  the  director  of  the
 12    department  of  agriculture and shall support its request by the adoption of a
 13    resolution.
 14        (2)  Information in the request shall include, but not be limited to,  the
 15    relevant legal description and address of a proposed facility, the animal-unit
 16    capacity  of the facility, the types of animals to be confined at the proposed
 17    facility, all information related to water and water rights of  the  facility,
 18    any relevant vicinity maps and any other information relevant to the site that
 19    will  assist  the site advisory team in issuing its suitability determination.
 20    The board of county commissioners shall also provide the  site  advisory  team
 21    with  a  copy of the odor management plan for the CAFO, if required to be sub-
 22    mitted by the site applicant at the time of application.
                                                                        
 23        SECTION 6.  That Chapter 65, Title 67, Idaho Code, be,  and  the  same  is
 24    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 25    ignated as Section 67-6529F, Idaho Code, and to read as follows:
                                                                        
 26        67-6529F.  DEPARTMENT RESPONSIBILITIES -- AUTHORITY  TO  ADOPT  RULES  AND
 27    CONTRACT  WITH  OTHER AGENCIES. (1) Upon the request of a board of county com-
 28    missioners, the director of the department of agriculture shall form and chair
 29    a site advisory team specific to the request of the county.  The  director  of
 30    the  department of environmental quality and the director of the department of
 31    water resources shall provide full cooperation in the formation  of  the  site
 32    advisory team.
 33        (2)  The  CAFO site advisory team shall review the information provided by
 34    the county and shall visit the site as may be necessary in the judgment of the
 35    team.
 36        (3)  Within thirty (30) days of receiving the request  for  a  suitability
 37    determination  by a board of county commissioners, the CAFO site advisory team
 38    shall issue a written suitability determination and provide a copy in  writing
 39    to the board of county commissioners that requested the review.
 40        (4)  Any  director  responsible  for carrying out the purposes of this act
 41    may adopt administrative rules necessary or helpful to carry  out  those  pur-
 42    poses.
 43        (5)  Any  director  responsible  for carrying out the purposes of this act
 44    may enter into contracts, agreements, memorandums and other arrangements  with
 45    federal, state and local agencies to carry out the purposes of this act.
                                                                        
 46        SECTION  7.  That  Chapter  65,  Title 67, Idaho Code, be, and the same is
 47    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 48    ignated as Section 67-6529G, Idaho Code, and to read as follows:
                                                                        
 49        67-6529G.  REPORT  OF  CAFO SITE ADVISORY TEAM -- COUNTY ACTION. The board
                                                                        
                                           4
                                                                        
  1    of county commissioners requesting the suitability determination, upon receipt
  2    of the written suitability determination report  by  the  CAFO  site  advisory
  3    team, may use the report as the county deems appropriate.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 11053
This bill will codify an existing informal process between the
counties and the state Department of Agriculture, Department of
Water Resources, and Department of Environmental Quality. 
Under this bill a county considering a request to site a
concentrated animal feeding operation(CAFO)can ask the state
Department of Agriculture to form a site advisory team to evaluate
the proposed site using their technical expertise to determine if
it is suitable for the proposed facility.
The team could include people from the Department of Agriculture,
Department of Water Resources and Department of Environmental
Quality.  The site advisory report would be given to the county to
use as they choose.  An advisory team would only be formed upon
county commissioners request.  This act does not preempt local
regulation of a CAFO.   FISCAL IMPACT
There will be no fiscal impact on the General Fund.  The existing
state Department of Agriculture and other agency personnel would be
used.

Contact
Name: Rep. Doug Jones 
Phone: 332-1137


STATEMENT OF PURPOSE/FISCAL NOTE               H 21