2002 Legislation
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HOUSE BILL NO. 646 – Agricultural odor management

HOUSE BILL NO. 646

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H0646...............................................by AGRICULTURAL AFFAIRS
AGRICULTURAL ODOR MANAGEMENT - Amends, adds to and repeals existing law to
clarify the authority and duties of the director of the Department of
Agriculture to regulate odors from agricultural operations; to revise
definitions; to revise requirements and procedures for design and
construction of waste systems; to restrict the type of operations subject
to odor violations; to clarify which records are subject to disclosure; and
to revise penalty provisions.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Agric Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 646
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO AGRICULTURE ODOR MANAGEMENT; AMENDING SECTION 25-3801, IDAHO CODE,
  3        TO CLARIFY THE LAW PURSUANT TO WHICH  CERTAIN  OPERATIONS  ARE  REGULATED;
  4        AMENDING  SECTION 25-3802, IDAHO CODE, TO CLARIFY AND RESTRICT THE AUTHOR-
  5        ITY AND DUTIES OF THE DIRECTOR TO REGULATE ODORS FROM AGRICULTURAL  OPERA-
  6        TIONS;  AMENDING SECTION 25-3803, IDAHO CODE, TO REVISE DEFINITIONS AND TO
  7        PROVIDE DEFINITIONS; AMENDING  SECTION  25-3804,  IDAHO  CODE,  TO  REVISE
  8        REQUIREMENTS  AND  PROCEDURES FOR DESIGN AND CONSTRUCTION OF WASTE SYSTEMS
  9        FOR  REGULATED  OPERATIONS;  AMENDING  SECTION  25-3805,  IDAHO  CODE,  TO
 10        RESTRICT THE TYPE OF OPERATIONS SUBJECT TO ODOR VIOLATIONS UNDER THE CHAP-
 11        TER AND TO CORRECT A CODIFIER'S ERROR;  AMENDING  SECTION  25-3806,  IDAHO
 12        CODE,  TO CLARIFY RECORDS THAT ARE SUBJECT TO DISCLOSURE; AMENDING SECTION
 13        25-3808, IDAHO CODE, TO REVISE CRITERIA RELATED TO  SUBSEQUENT  VIOLATIONS
 14        AND  TO  REVISE  PENALTY  PROVISIONS; AMENDING CHAPTER 38, TITLE 25, IDAHO
 15        CODE, BY THE ADDITION OF A NEW SECTION 25-3809, IDAHO CODE, TO PROVIDE FOR
 16        THE AGRICULTURE ODOR MANAGEMENT FUND; AMENDING SECTION 9-340D, IDAHO CODE,
 17        TO STRIKE REFERENCE TO CERTAIN RECORDS OBTAINED BY  THE  DIRECTOR  OF  THE
 18        DEPARTMENT OF AGRICULTURE; AND DECLARING AN EMERGENCY.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION  1.  That  Section 25-3801, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        25-3801.  DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE  INTENT.  (1)
 23    The  agriculture  industry  is a vital component of Idaho's economy and during
 24    the normal course of producing the food and fiber required by  Idaho  and  our
 25    nation,  odors  are  generated.  It is the intent of the legislature to manage
 26    these odors when they are generated at a level in excess of those  odors  nor-
 27    mally associated with accepted agricultural practices in Idaho.
 28        (2)  Large  swine  and  poultry  operations are addressing odor management
 29    through chapters 1 and 79, title 39, Idaho Code, and the department  of  envi-
 30    ronmental  quality's  rules regulating large swine and poultry operations, and
 31    the beef cattle industry will address odor management as needed through imple-
 32    mentation of the beef cattle environmental control  act  as  provided  for  in
 33    chapter 49, title 22, Idaho Code, and rules promulgated thereunder.
 34        (3)  The  Idaho department of agriculture is hereby authorized as the lead
 35    agency to administer and implement the provisions of this chapter. In carrying
 36    out the provisions of  this  chapter,  the  department  will  make  reasonable
 37    efforts  to  ensure that any requirements imposed upon agricultural operations
 38    are cost-effective and economically, environmentally and technologically  fea-
 39    sible.
                                                                        
 40        SECTION  2.  That  Section 25-3802, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
                                           2
                                                                        
  1        25-3802.  AUTHORITY AND DUTIES OF THE DIRECTOR CONCERNING ODORS FROM AGRI-
  2    CULTURAL OPERATIONS. The director of the department of agriculture  is  autho-
  3    rized  to  regulate  odors,  pursuant  to the provisions of this chapter, from
  4    agricultural operations with ten (10) animal units  or  more  not  to  include
  5    those  operations set forth within section 25-3801(2), Idaho Code. In order to
  6    carry out its duties pursuant to the provisions of this chapter, the  director
  7    of  the  department shall be authorized to promulgate necessary administrative
  8    rules in compliance with chapter 52, title 67, Idaho Code.
                                                                        
  9        SECTION 3.  That Section 25-3803, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        25-3803.  DEFINITIONS. When used in this chapter:
 12        (1)  "Accepted  agricultural  practices"  means those management practices
 13    normally associated with agriculture in Idaho, and which shall include manage-
 14    ment  practices  intended  to  control  odor  generated  by  an   agricultural
 15    operation.
 16        (2)  "Agricultural animals" means those animals, including but not limited
 17    to,  mink,  domestic cervidae, horses and ratites raised for agricultural pur-
 18    poses.
 19        (3)  "Agricultural operation" means those operations  where  livestock  or
 20    other agricultural animals are raised, or crops are grown, for commercial pur-
 21    poses,  and for purposes of this chapter shall mean only those operations with
 22    ten (10) animal units or more, not  to  include  those  operations  set  forth
 23    within section 25-3801(2), Idaho Code.
 24        (4)  "Animal  unit"  means  a  unit  of measurement for any animal feeding
 25    operation calculated by adding the following numbers: the number of  slaughter
 26    and feeder cattle multiplied by one (1), plus the number of young slaughter or
 27    feeder  cattle  less  than  twelve (12) months of age multiplied by six-tenths
 28    (0.6), plus the number of mature dairy cattle  multiplied  by  one  and  four-
 29    tenths  (1.4),  plus the number of young dairy cattle multiplied by six-tenths
 30    (0.6), plus the number of swine  weighing  over  twenty-five  (25)  kilograms,
 31    approximately  fifty-five  (55)  pounds, multiplied by four-tenths (0.4), plus
 32    the number of weaned swine weighing under twenty-five  (25)  kilograms  multi-
 33    plied  by  one-tenth  (0.1),  plus the number of sheep multiplied by one-tenth
 34    (0.1), plus the number of horses multiplied by two (2),  plus  the  number  of
 35    chickens multiplied by one-hundredth (0.01).
 36        (5)  "Best  management  practices" means practices, techniques or measures
 37    which are determined by the department to be a cost-effective and  practicable
 38    means  of  managing  odors  generated  on an agricultural operation to a level
 39    associated with accepted agricultural practices.
 40        (36)  "Department" means the Idaho department of agriculture.
 41        (47)  "Director" means the director of the Idaho  department  of  agricul-
 42    ture.
 43        (5)  "Liquid  waste system" means those wastewater storage and containment
 44    facilities and associated waste collection and conveyance systems where  water
 45    is used as the primary carrier of manure and manure is added to the wastewater
 46    storage and containment facilities on a regular basis.
 47        (68)  "Livestock" means cattle, sheep, swine and poultry.
 48        (79)  "Manure"  means  livestock  excrement that may also contain bedding,
 49    spilled feed or soil.
 50        (810) "Modified" means structural changes and alterations to the livestock
 51    operation which would require  increased  wastewater  storage  or  containment
 52    capacity  or  such  changes which would increase the amount of manure entering
 53    wastewater storage containment facilities.
                                                                        
                                           3
                                                                        
  1        (911) "Nutrient management plan" means a plan prepared in conformance with
  2    the nutrient management standard.
  3        (102) "Nutrient management standard" means the  1999  publication  by  the
  4    United  States  department of agriculture, natural resources conservation ser-
  5    vice, conservation practice standard, nutrient management code  590,  and  all
  6    subsequent  amendments, additions or other revisions thereto, or other equally
  7    protective standard approved by the director.
  8        (13) "Odor" means the property or quality of a substance  that  stimulates
  9    or is perceived by the sense of smell, or by other means as the department may
 10    determine  by  rule,  the standards for which shall be judged on criteria that
 11    shall include intensity, duration, frequency, offensiveness, and health risks.
 12        (114) "Odor management plan" means a site specific plan  approved  by  the
 13    director  to  manage odor from an agricultural operation to a level associated
 14    with accepted agricultural practices by utilizing best management practices.
 15        (125) "Person" means any individual, association, partnership, firm, joint
 16    stock company, joint venture, trust, estate, private corporation, or any legal
 17    entity, which is recognized by law as the subject of rights and duties.
 18        (16) "Waste system" or "waste systems" includes those  liquid,  mechanical
 19    or other waste storage and containment facilities and associated waste collec-
 20    tion,  conveyance  and  distribution systems, including the final distribution
 21    system.
 22        (137) "Wastewater" means water containing manure which is generated  on  a
 23    livestock operation.
 24        (148) "Wastewater  storage  and  containment  facilities" means wastewater
 25    storage ponds, wastewater treatment lagoons and evaporative ponds.
                                                                        
 26        SECTION 4.  That Section 25-3804, Idaho Code, be, and the same  is  hereby
 27    amended to read as follows:
                                                                        
 28        25-3804.  DESIGN  AND  CONSTRUCTION. All new or modified liquid waste sys-
 29    tems shall be designed by, or reviewed and approved by, licensed  professional
 30    engineers,  and  approved by the director of the department of agriculture for
 31    compliance with the provisions of this chapter, and constructed in  accordance
 32    with  standards and specifications either approved by the director for manage-
 33    ment of odors or in accordance  with  any  existing  relevant  memorandums  of
 34    understanding  with the department of environmental quality. Provided however,
 35    that aAll persons shall submit plans and specifications for  new  or  modified
 36    liquid  waste  systems  to  the director for approval. No person and shall not
 37    begin construction of a liquid waste system prior to  approval  of  plans  and
 38    specifications  by the director. If construction is commenced prior to receiv-
 39    ing necessary approval, the director  may  order  construction  activities  be
 40    ceased.  No deviation shall be made from the approved plans and specifications
 41    without the prior written approval of the director. Within thirty (30) days of
 42    completion of construction, alteration or modification of any system, complete
 43    and accurate plans  and  specifications  depicting  the  actual  construction,
 44    alteration  or modification performed must be submitted by the operator to the
 45    director. If construction does not deviate from the original plans  previously
 46    submitted  for  approval  by the operator, a statement to that effect shall be
 47    filed with the director.
                                                                        
 48        SECTION 5.  That Section 25-3805, Idaho Code, be, and the same  is  hereby
 49    amended to read as follows:
                                                                        
 50        25-3805.  FIRST  TIME VIOLATORS -- ODOR MANAGEMENT PLAN -- EXCEPTIONS. (1)
 51    If it is determined by the department that an agricultural operation with  ten
                                                                        
                                           4
                                                                        
  1    (10)  animal  units  or more, not to include those operations set forth within
  2    section 25-3801(2), Idaho Code, is generating odors in excess of levels  asso-
  3    ciated  with accepted agricultural practices, the agricultural operation shall
  4    be deemed to have committed a first time violation of the provisions  of  this
  5    chapter, provided that the agricultural operation has never been determined by
  6    the  department  to have committed a prior violation of the provisions of this
  7    chapter. The department shall provide the owner or operator  of  the  agricul-
  8    tural  operation with written notice of the violation and an opportunity for a
  9    hearing pursuant to the Idaho administrative procedure act, chapter 52,  title
 10    67, Idaho Code.
 11        (2)  The department shall require any agricultural operation determined to
 12    have  committed  a  first  time violation of the provisions of this chapter to
 13    cooperate with the department and to develop and  submit  an  odor  management
 14    plan to the director for approval.
 15        (3)  All  odor  management  plans  shall  be  in writing and signed by the
 16    director of the department of agriculture and the owner  or  operator  of  the
 17    agricultural operation. Odor management plans shall designate a period of time
 18    in  which  the agricultural operation will be in full compliance with the plan
 19    and shall provide for periodic review by the department, no  less  than  annu-
 20    ally,  for  a  period of three (3) years from the date of the plan. Failure to
 21    comply with the odor management plan shall constitute a  subsequent  violation
 22    of the provisions of this chapter.
 23        (4)  All  approved  odor management plans shall be implemented as approved
 24    by the director.
 25        (5)  If, after a reasonable period of time as determined  by  the  depart-
 26    ment, an approved odor management plan does not reduce odor to a level associ-
 27    ated  with  accepted  agricultural  practices, the department shall review the
 28    plan with the owner or operator of the agricultural operation and  adjust  the
 29    plan to meet the goals of this chapter.
 30        (6)  Odor  management  plans shall be designed to work in conjunction with
 31    any required nutrient management plans.
 32        (7)  An odor emission caused by an act of  God  or  a  mechanical  failure
 33    shall  not  constitute  a violation of this chapter provided that the agricul-
 34    tural operation from which the odor emission  is  emanating  takes  reasonable
 35    steps to promptly repair the cause of the emission.
                                                                        
 36        SECTION  6.  That  Section 25-3806, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        25-3806.  INSPECTIONS -- RECORDS CONFIDENTIAL. The director or his  desig-
 39    nee  is  authorized  to  enter and inspect any agricultural operation and have
 40    access to or copy any facility records deemed necessary to  ensure  compliance
 41    with  the  provisions of this chapter or required odor management plans. Prior
 42    to conducting an investigation, the  department  shall  notify  the  board  of
 43    county  commissioners  for  the  county in which the agricultural operation is
 44    located and the board of county commissioners may have  a  designee  accompany
 45    the  director  or  his  designee  during the inspection. All records copied or
 46    obtained by the director or his designee as a result of an inspection pursuant
 47    to this section shall be subject to disclosure unless the records  are  deemed
 48    confidential private records and shall be exempt from disclosure under chapter
 49    3, title 9, Idaho Code, except:
 50        (1)  Records otherwise deemed to be public records not exempt from disclo-
 51    sure pursuant to chapter 3, title 9, Idaho Code; and
 52        (2)  Inspection reports, determinations of compliance or noncompliance and
 53    all  other  records  created  by the director or his designee pursuant to this
                                                                        
                                           5
                                                                        
  1    section.
                                                                        
  2        SECTION 7.  That Section 25-3808, Idaho Code, be, and the same  is  hereby
  3    amended to read as follows:
                                                                        
  4        25-3808.  SUBSEQUENT  VIOLATIONS  -- PENALTIES. (1) An agricultural opera-
  5    tion, after having been determined to have committed a first time violation of
  6    the provisions of this chapter, shall be deemed to have committed a subsequent
  7    violation if the operation:
  8        (a)  Is determined by the department to have committed a subsequent viola-
  9        tion within a three (3) year period of time; or
 10        (b)  Failed to comply with an odor management plan developed  pursuant  to
 11        section 25-3805, Idaho Code.
 12        (2)  An  agricultural operation, after having been determined to have com-
 13    mitted a first time violation of the provisions of this chapter, may be deemed
 14    to have committed a subsequent violation if the director determines  that  the
 15    operation has failed to cooperate as required.
 16        (3)  Those  agricultural  operations determined to have committed a subse-
 17    quent violation of this chapter shall be  assessed  a  civil  penalty  by  the
 18    department  or  its  duly  authorized agent not to exceed ten thousand dollars
 19    ($10,000) for each offense of one dollar ($1.00) per  day  of  violation,  per
 20    animal  unit  located  on the agricultural operation regulated pursuant to the
 21    provisions of this chapter for those operations where odor generated  by  ani-
 22    mals  is  the source of the violation, or one dollar ($1.00) per cubic yard of
 23    plant material per day of violation, based on a measurement of cubic yards  of
 24    plant material generating odors in violation of the provisions of this chapter
 25    for  those  operations where odor generated by plant material is the source of
 26    the violation, or other means of measurement as provided by the department  by
 27    rule  for those odors that are generated by a source that is not prone to mea-
 28    surement as an animal unit or cubic yard of plant material, and be liable  for
 29    reasonable attorney's fees and costs.
 30        (34)  Assessment of a civil penalty as provided herein may be made in con-
 31    junction with any other department administrative action.
 32        (45)  No  civil penalty may be imposed unless the person charged was given
 33    notice and opportunity for a hearing pursuant to the Idaho administrative pro-
 34    cedure act, chapter 52, title 67, Idaho Code.
 35        (56)  If the department is unable to collect the civil penalty or  if  any
 36    person  fails  to pay all or a set portion of a civil penalty as determined by
 37    the department, the department may recover such amount by action in the appro-
 38    priate district court.
 39        (67)  Any person against whom the department has assessed a civil  penalty
 40    under this section may, within thirty (30) days of the final action making the
 41    assessment, appeal the assessment to the district court of the county in which
 42    the  violation is alleged by the department to have occurred. Moneys collected
 43    for violations shall be deposited in the state treasury and  credited  to  the
 44    general fund.
 45        (78)  The  imposition or computation of monetary penalties shall take into
 46    account the seriousness of the violation, good faith efforts  to  comply  with
 47    the  law,  the  economic impact of the penalty on the violator, and such other
 48    matters as justice requires. The director is authorized to hold all or part of
 49    a penalty under the provisions of this section in abeyance.
                                                                        
 50        SECTION 8.  That Chapter 38, Title 25, Idaho Code, be,  and  the  same  is
 51    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 52    ignated as Section 25-3809, Idaho Code, and to read as follows:
                                                                        
                                           6
                                                                        
  1        25-3809.  AGRICULTURE ODOR MANAGEMENT FUND. There is hereby created in the
  2    state treasury a fund to be known as the  agriculture  odor  management  fund,
  3    which  shall consist of all moneys which may be appropriated to it by the leg-
  4    islature or made available to it from federal, private or other  sources.  All
  5    penalties collected pursuant to the provisions of this chapter shall be depos-
  6    ited  to  the  fund. The state treasurer is directed to invest all unobligated
  7    moneys in the fund. All interest and other income accruing from  such  invest-
  8    ments  shall accrue to the fund. All moneys in the fund are perpetually appro-
  9    priated to the department of agriculture for expenditure  in  accordance  with
 10    the  provisions  of this section. The department may expend from the fund such
 11    sums as it shall deem necessary for research, grants, projects,  programs,  or
 12    other expenditures, under such terms and conditions as the department may pro-
 13    vide for by rule.
                                                                        
 14        SECTION  9.  That  Section  9-340D, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        9-340D.  RECORDS EXEMPT  FROM  DISCLOSURE  --  TRADE  SECRETS,  PRODUCTION
 17    RECORDS,  APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records are
 18    exempt from disclosure:
 19        (1)  Trade secrets including those contained in response to public  agency
 20    or  independent  public  body  corporate  and  politic  requests for proposal,
 21    requests for clarification, requests for  information  and  similar  requests.
 22    "Trade  secrets"  as  used in this section means information, including a for-
 23    mula, pattern, compilation, program, computer program, device,  method,  tech-
 24    nique, process, or unpublished or in progress research that:
 25        (a)  Derives  independent  economic  value,  actual or potential, from not
 26        being generally known to, and not being readily  ascertainable  by  proper
 27        means  by  other persons who can obtain economic value from its disclosure
 28        or use; and
 29        (b)  Is the subject of efforts that are reasonable under the circumstances
 30        to maintain its secrecy.
 31        (2)  Production records, housing production, rental and financing records,
 32    sale or purchase records, catch records, mortgage portfolio loan documents, or
 33    similar business records of a private concern or enterprise required by law to
 34    be submitted to or inspected by a public agency or submitted to  or  otherwise
 35    obtained  by an independent public body corporate and politic. Nothing in this
 36    subsection shall limit the use which can be made of such information for regu-
 37    latory purposes or its admissibility in any enforcement proceeding.
 38        (3)  Records relating to the appraisal of real property, timber or mineral
 39    rights prior to its acquisition, sale or lease by a public agency or  indepen-
 40    dent public body corporate and politic.
 41        (4)  Any  estimate  prepared by a public agency or independent public body
 42    corporate and politic that details the cost of a  public  project  until  such
 43    time  as  disclosed or bids are opened, or upon award of the contract for con-
 44    struction of the public project.
 45        (5)  Examination, operating or condition reports and all documents  relat-
 46    ing  thereto, prepared by or supplied to any public agency or independent pub-
 47    lic body corporate  and politic responsible for the regulation or  supervision
 48    of  financial  institutions  including, but not limited to, banks, savings and
 49    loan associations, regulated lenders, business and industrial development cor-
 50    porations, credit unions, and insurance companies, or for  the  regulation  or
 51    supervision of the issuance of securities.
 52        (6)  Records  gathered  by  a local agency or the Idaho department of com-
 53    merce, as described in chapter 47, title 67, Idaho Code, for the specific pur-
                                                                        
                                           7
                                                                        
  1    pose of assisting a person to locate, maintain, invest in, or expand  business
  2    operations in the state of Idaho.
  3        (7)  Shipping and marketing records of commodity commissions used to eval-
  4    uate marketing and advertising strategies and the names and addresses of grow-
  5    ers and shippers maintained by commodity commissions.
  6        (8)  Financial  statements  and business information and reports submitted
  7    by a legal entity to a port district organized under title 70, Idaho Code,  in
  8    connection with a business agreement, or with a development proposal or with a
  9    financing  application  for  any  industrial, manufacturing, or other business
 10    activity within a port district.
 11        (9)  Names and addresses of seed companies, seed crop growers,  seed  crop
 12    consignees,  locations  of seed crop fields, variety name and acreage by vari-
 13    ety. Upon the request of the owner of the proprietary variety,  this  informa-
 14    tion shall be released to the owner. Provided however, that if a seed crop has
 15    been  identified  as  diseased  or  has been otherwise identified by the Idaho
 16    department of agriculture, other state  departments  of  agriculture,  or  the
 17    United States department of agriculture to represent a threat to that particu-
 18    lar  seed or commercial crop industry or to individual growers, information as
 19    to test results, location, acreage involved and disease symptoms of that  par-
 20    ticular  seed  crop,  for  that  growing season, shall be available for public
 21    inspection and copying. This exemption shall not supersede the  provisions  of
 22    section 22-436, Idaho Code.
 23        (10) Information  obtained  from  books,  records and accounts required in
 24    chapter 47, title 22, Idaho Code, to be maintained by  the  Idaho  canola  and
 25    rapeseed commission and pertaining to the individual production records of ca-
 26    nola or rapeseed growers.
 27        (11) Records  of  any risk retention or self-insurance program prepared in
 28    anticipation of litigation or for analysis of or settlement  of  potential  or
 29    actual  money  damage  claims  against  a  public  entity and its employees or
 30    against the industrial special indemnity fund except as otherwise discoverable
 31    under the Idaho or federal rules  of  civil  procedure.  These  records  shall
 32    include,  but  are  not limited to, claims evaluations, investigatory records,
 33    computerized reports of losses, case reserves, internal documents  and  corre-
 34    spondence relating thereto. At the time any claim is concluded, only statisti-
 35    cal data and actual amounts paid in settlement shall be deemed a public record
 36    unless  otherwise  ordered  to be sealed by a court of competent jurisdiction.
 37    Provided however, nothing in this subsection is intended to limit the attorney
 38    client privilege or attorney work product privilege otherwise available to any
 39    public agency or independent public body corporate and politic.
 40        (12) Records of laboratory test results provided by  or  retained  by  the
 41    Idaho  food  quality  assurance  laboratory.  Nothing in this subsection shall
 42    limit the use which can be made, or availability of such information if  used,
 43    for regulatory purposes or its admissibility in any enforcement proceeding.
 44        (13) Reports  required to be filed under chapter 13, title 62, Idaho Code,
 45    identifying electrical or natural or manufactured  gas  consumption  data  for
 46    an individual customer or account.
 47        (14) Voluntarily  prepared environmental audits, and voluntary disclosures
 48    of information submitted on or before December 31, 1997, to  an  environmental
 49    agency as defined in section 9-803, Idaho Code, which are claimed to be confi-
 50    dential business information.
 51        (15) Computer  programs developed or purchased by or for any public agency
 52    or independent public body corporate and politic for its own use. As  used  in
 53    this  subsection,  "computer program" means a series of instructions or state-
 54    ments which permit the functioning of a computer system in a  manner  designed
 55    to  provide storage, retrieval and manipulation of data from the computer sys-
                                                                        
                                           8
                                                                        
  1    tem, and any associated documentation and source material that explain how  to
  2    operate the computer program. Computer program does not include:
  3        (a)  The  original  data  including,  but  not  limited to, numbers, text,
  4        voice, graphics and images;
  5        (b)  Analysis, compilation and other manipulated  forms  of  the  original
  6        data produced by use of the program; or
  7        (c)  The  mathematical  or  statistical formulas that would be used if the
  8        manipulated forms of the original data were to be produced manually.
  9        (16) Active investigative records and trademark usage audits of the  Idaho
 10    potato  commission  specifically  relating  to  the enforcement of chapter 12,
 11    title 22, Idaho Code, until the commencement of formal proceedings as provided
 12    by rules of the commission; purchase and sales information  submitted  to  the
 13    Idaho  potato  commission during a trademark usage audit, and investigation or
 14    enforcement proceedings. Inactive investigatory  records  shall  be  disclosed
 15    unless  the  disclosure  would  violate the standards set forth in subsections
 16    (1)(a) through (f) of section 9-335, Idaho Code. Nothing  in  this  subsection
 17    shall  limit the use which can be made, or availability of such information if
 18    used, for regulatory purposes or its admissibility in any enforcement proceed-
 19    ing.
 20        (17) All records copied or obtained by the director of the  department  of
 21    agriculture  or  his designee as a result of an inspection pursuant to section
 22    25-3806, Idaho Code, except:
 23        (a)  Records otherwise deemed to be public records not exempt from disclo-
 24        sure pursuant to this chapter; and
 25        (b)  Inspection reports, determinations of compliance or noncompliance and
 26        all other records created by the director or his designee pursuant to sec-
 27        tion 25-3806, Idaho Code.
                                                                        
 28        SECTION 10.  An emergency existing therefor,  which  emergency  is  hereby
 29    declared to exist, this act shall be in full force and effect on and after its
 30    passage and approval.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 11992

This bill will make additions and corrections to the Agricultural
Odor Act passed in 2001. It will limit the act to operations with 10
animal units or more and will expand definitions and add new
definitions that appear necessary after the rule making process over
the summer.

It will correct a problem with professional engineers reviewing
other engineers work and it will give the Director of Agriculture the
authority to halt construction of a waste handling system that has
not been previously approved by the Director.

This will also rewrite the open records portion of the act that
was added by amendment in 2001 without changing the meaning.

There is a restructuring at the penalty section to clear a
legal question and create a sliding scale based on the size of the
operation and allow the director to hold all or part of the penalty
in abeyance.

There will be a new fund created to hold the penalty dollars
and then use the money to fund research or pilot projects to resolve
problems.

Finally, there is a emergency clause making the changes
effective on the Governors signature

                            FISCAL IMPACT

There should be no additional fiscal impact to the Department of 
Agriculture. There may be a very slight reduction to the general 
fund because the penalty fees will now be deposited in the new 
research fund. The dollar amount is unknown because it is dependent 
on the number and size of the penalties levied.






Contact
Name:	Representative Jones
Phone:	332-1137


STATEMENT OF PURPOSE/FISCAL NOTE                H 646