2001 Legislation
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SENATE BILL NO. 1040 – Dairy farm, nutrient mngmt plan

SENATE BILL NO. 1040

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Daily Data Tracking History



S1040aa,aa..........................................by AGRICULTURAL AFFAIRS
DAIRY FARMS - Amends existing law to provide certain requirements for
nutrient management plans; and to provide that nutrient management plans
submitted to the Department of Agriculture by dairy farms shall include
certain information.
                                                                        
01/30    Senate intro - 1st rdg - to printing
01/31    Rpt prt - to Agric Aff
03/06    Rpt out - to 14th Ord
03/08    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/12    To 14th Ord
    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
03/15    3rd rdg as amen - PASSED - 27-1-7
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Deide, Dunklin, Frasure, Geddes,
      Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch,
      Sandy, Schroeder, Sims, Stennett, Thorne, Wheeler, Whitworth
      NAYS -- Ingram
      Absent and excused -- Darrington, Davis, Goedde, Hawkins, Sorensen,
      Stegner, Williams
    Floor Sponsor -- Stennett
    Title apvd - to House
03/19    House intro - 1st rdg - to Agric Aff
03/21    Rpt out - rec d/p - to 2nd rdg as amen
03/22    2nd rdg - to 3rd rdg as amen
03/26    3rd rdg as amen - PASSED - 51-9-10
      AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
      Bruneel, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal,
      Ellsworth, Field(13), Field(20), Gould, Hadley, Hammond, Hansen,
      Henbest(Farley), Higgins, Jaquet, Jones, Kellogg, Kendell, Kunz,
      Lake, Langford, Mader, Marley, Montgomery, Mortensen, Moss, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Trail, Mr. Speaker
      NAYS -- Barrett, Callister, Harwood, Hornbeck, Loertscher, McKague,
      Moyle, Pearce, Wood
      Absent and excused -- Denney, Ellis, Eskridge, Gagner, Meyer,
      Pischner, Stone, Tilman, Wheeler, Young
    Floor Sponsor -- Jones
    Title apvd - to Senate
03/28    To enrol
    Rpt enrol - Pres signed
03/29    Sp signed - to Governor
04/11    Governor signed
         Session Law Chapter 387
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1040
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DAIRY FARM NUTRIENT MANAGEMENT  PLANS;  AMENDING  SECTION  37-401,
  3        IDAHO  CODE,  TO  PROVIDE  THAT NUTRIENT MANAGEMENT PLANS SUBMITTED TO THE
  4        DEPARTMENT BY DAIRY FARMS SHALL INCLUDE ALL WRITTEN  CONTRACTS  THE  DAIRY
  5        FARM  HAS  ENTERED  WITH  RECIPIENTS OF LIVESTOCK WASTE AND TO PROVIDE FOR
  6        SOIL TESTING.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 37-401, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        37-401.  INSPECTIONS,  EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE
 11    -- DAIRY FARMS -- NUTRIENT MANAGEMENT PLANS REQUIRED. (1) The director of  the
 12    department  of  agriculture is hereby authorized and directed to designate any
 13    agent to inspect, examine and test any or all  dairy  products  in  accordance
 14    with  rules  as the department may prescribe; and to ascertain and certify the
 15    grade, classification, quality or sanitary condition thereof and other  perti-
 16    nent facts as the department may require. The director or agent of the depart-
 17    ment  of  agriculture  of the state of Idaho shall make sanitary inspection of
 18    milk, cream, butter and dairy products of any kind  whatsoever,  intended  for
 19    human consumption, and of containers, utensils, equipment, buildings, premises
 20    or anything whatsoever employed in the production, handling, storing, process-
 21    ing  or manufacturing of dairy products or that would affect the purity of the
 22    products. Inspections, examinations and  tests  shall  be  made  to  meet  the
 23    requirements of the laws of the state and of the United States for the sale of
 24    the  products  or  their transportation in both intrastate and interstate com-
 25    merce. Any agent designated by the director to make inspections shall have the
 26    right for that purpose to enter any premises and buildings where milk,  cream,
 27    butter or dairy products shall be produced, stored, processed or manufactured.
 28        (2)  Acting  in accord with rules of the department, the director or agent
 29    of the department shall review plans and specifications  for  construction  of
 30    new,  modified  or expanded waste systems and inspect any dairy farm to ascer-
 31    tain and certify sanitary conditions, waste  systems  and  milk  quality.  The
 32    director  or agent shall issue a permit authorizing the sale of milk for human
 33    consumption to all dairy farms that meet the requirements of this chapter, and
 34    rules promulgated pursuant to this chapter.
 35        (3)  All dairy farms shall have a nutrient management plan approved by the
 36    department. Existing dairy farms shall submit a nutrient  management  plan  to
 37    the department on or before July 1, 2001.
 38        (4)  Any  new  dairy  farms or dairy farms that change owners or operators
 39    shall have an approved nutrient management plan on file  with  the  department
 40    prior  to the issuance of the milk permit for that dairy. The nutrient manage-
 41    ment plan shall be implemented upon approval of the plan by the department.
 42        (5)  Nutrient management plans submitted to the department by dairy  farms
 43    shall include all written contracts the dairy farm has entered with recipients
                                                                        
                                           2
                                                                        
  1    of  livestock  waste.   Soil samples shall be obtained and analyzed from live-
  2    stock waste application sites on land owned or under the control of the  owner
  3    or  operator where applications are planned.  For the purposes of this subsec-
  4    tion, "land owned or under the control of" means livestock  waste  application
  5    sites which are owned, rented, or leased by the owner or operator of the dairy
  6    farm,  or  those  sites  that are the subject of a livestock waste application
  7    agreement between the dairy farm owner or operator and the landowner.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved by    Stennett            
                                                                        
                                                     Seconded by Noh                 
                                                                        
                                                                        
                                       IN THE SENATE
                       SENATE AMENDMENT TO S.B. NO. 1040, As Amended
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 2 of the engrossed bill, delete lines 17 through 25.
                                                                        
  3                                 CORRECTIONS TO TITLE
  4        On page 1, in line 8, delete "COUNTY," and insert: "COUNTY AND";  in  line
  5    10,  delete  ",  TO  PROVIDE  THAT NUTRI-"; and delete lines 11 through 13 and
  6    insert: ".".

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


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                        SENATE BILL NO. 1040, As Amended, As Amended
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DAIRY FARM NUTRIENT MANAGEMENT  PLANS;  AMENDING  SECTION  37-401,
  3        IDAHO  CODE,  TO  PROVIDE THAT NUTRIENT MANAGEMENT PLANS SHALL COVER DAIRY
  4        FARM SITES AND OTHER LANDS OWNED AND OPERATED  BY  DAIRY  FARM  OWNERS  OR
  5        OPERATORS,  TO  PROVIDE  THAT  NUTRIENT  MANAGEMENT PLANS SUBMITTED TO THE
  6        DEPARTMENT BY THE DAIRY FARM SHALL INCLUDE CERTAIN INFORMATION, TO PROVIDE
  7        THAT INFORMATION IN THE NUTRIENT MANAGEMENT PLAN SHALL BE AVAILABLE TO THE
  8        APPLICABLE COUNTY AND TO PROVIDE THAT ONLY THE FIRST RECIPIENT OF  COMPOST
  9        MUST  BE  LISTED  IN A NUTRIENT MANAGEMENT PLAN IF LIVESTOCK WASTE IS CON-
 10        VERTED TO COMPOST BEFORE IT LEAVES THE DAIRY FARM.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Section 37-401, Idaho Code, be, and the  same  is  hereby
 13    amended to read as follows:
                                                                        
 14        37-401.  INSPECTIONS,  EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE
 15    -- DAIRY FARMS -- NUTRIENT MANAGEMENT PLANS REQUIRED. (1) The director of  the
 16    department  of  agriculture is hereby authorized and directed to designate any
 17    agent to inspect, examine and test any or all  dairy  products  in  accordance
 18    with  rules  as the department may prescribe; and to ascertain and certify the
 19    grade, classification, quality or sanitary condition thereof and other  perti-
 20    nent facts as the department may require. The director or agent of the depart-
 21    ment  of  agriculture  of the state of Idaho shall make sanitary inspection of
 22    milk, cream, butter and dairy products of any kind  whatsoever,  intended  for
 23    human consumption, and of containers, utensils, equipment, buildings, premises
 24    or anything whatsoever employed in the production, handling, storing, process-
 25    ing  or manufacturing of dairy products or that would affect the purity of the
 26    products. Inspections, examinations and  tests  shall  be  made  to  meet  the
 27    requirements of the laws of the state and of the United States for the sale of
 28    the  products  or  their transportation in both intrastate and interstate com-
 29    merce. Any agent designated by the director to make inspections shall have the
 30    right for that purpose to enter any premises and buildings where milk,  cream,
 31    butter or dairy products shall be produced, stored, processed or manufactured.
 32        (2)  Acting  in accord with rules of the department, the director or agent
 33    of the department shall review plans and specifications  for  construction  of
 34    new,  modified  or expanded waste systems and inspect any dairy farm to ascer-
 35    tain and certify sanitary conditions, waste  systems  and  milk  quality.  The
 36    director  or agent shall issue a permit authorizing the sale of milk for human
 37    consumption to all dairy farms that meet the requirements of this chapter, and
 38    rules promulgated pursuant to this chapter.
 39        (3)  All dairy farms shall have a nutrient management plan approved by the
 40    department. The nutrient management plan shall cover the dairy farm  site  and
 41    other  land  owned  and operated by the dairy farm owner or operator. Nutrient
 42    management plans submitted to the department by the dairy farm  shall  include
 43    the  names  and  addresses  of  each  recipient of that dairy farm's livestock
                                                                        
                                           2
                                                                        
  1    waste, the number of acres to which the livestock waste  is  applied  and  the
  2    amount  of  such  livestock  waste received by each recipient. The information
  3    provided in this subsection shall be available to  the  county  in  which  the
  4    dairy farm, or the land upon which the livestock waste is applied, is located.
  5    If  livestock  waste  is converted to compost before it leaves the dairy farm,
  6    only the first recipient of the compost must be listed in the nutrient manage-
  7    ment plan as a recipient of livestock waste  from  the  dairy  farm.  Existing
  8    dairy  farms  shall  submit a nutrient management plan to the department on or
  9    before July 1, 2001.
 10        (4)  Any new dairy farms or dairy farms that change  owners  or  operators
 11    shall  have  an  approved nutrient management plan on file with the department
 12    prior to the issuance of the milk permit for that dairy. The nutrient  manage-
 13    ment plan shall be implemented upon approval of the plan by the department.

Statement of Purpose / Fiscal Impact


                STATEMENT OF PURPOSE

                     SB 1040a

The purpose of this legislation is to provide that the nutrient 
management plans submitted to the Department of Agriculture by 
dairy farms will include the name, address and amounts of waste 
delivered to all waste recipients.




NONE



Contact
Name:	Sen. Clint Stennett
Phone:	332-1351
FISCAL IMPACT





STATEMENT OF PURPOSE/FISCAL NOTE                 Bill No. 1040,a.a    

AMENDED AMENDED	AMENDED AMENDED AMENDED	AMENDE