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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 containment44facilities and associated waste collection and conveyance systems where water45is used as the primary carrier of manure and manure is added to the wastewater46storage 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 modifiedliquidwaste 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 36liquidwaste systems to the director for approval. No personand shall not 37 begin construction of aliquidwaste 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 recordsand shall beexempt from disclosure under chapter 49 3, title 9, Idaho Code, except:50(1) Records otherwise deemed to be public records not exempt from disclo-51sure pursuant to chapter 3, title 9, Idaho Code; and52(2) Inspection reports, determinations of compliance or noncompliance and53all other records created by the director or his designee pursuant to this5 1section. 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 agentnot to exceed ten thousand dollars19($10,000) for each offenseof 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 collected43for violations shall be deposited in the state treasury and credited to the44general 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 of21agriculture or his designee as a result of an inspection pursuant to section2225-3806, Idaho Code, except:23(a) Records otherwise deemed to be public records not exempt from disclo-24sure pursuant to this chapter; and25(b) Inspection reports, determinations of compliance or noncompliance and26all other records created by the director or his designee pursuant to sec-27tion 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 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