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S1088..................................................by AGRICULTURAL AFFAIRS
CONFINED ANIMAL FEEDING OPERATIONS - Amends existing law to delete the word
"large" in county siting programs for confined animal feeding operations; and
to provide procedures, reports and animal counts for concentrated animal
feeding operations or confined animal feeding operations.
02/07 Senate intro - 1st rdg - to printing
02/10 Rpt prt - to Agric Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1088
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO CONFINED ANIMAL FEEDING OPERATIONS AND THE LOCAL PLANNING ACT;
3 AMENDING SECTION 67-6529, IDAHO CODE, TO DELETE THE WORD "LARGE" IN COUNTY
4 SITING PROGRAMS FOR CONFINED ANIMAL FEEDING OPERATIONS, TO PROVIDE
5 REQUIREMENTS FOR ORDINANCES AND TO PROVIDE PROCEDURES, REPORTS AND ANIMAL
6 COUNTS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS OR CONFINED ANIMAL FEED-
7 ING OPERATIONS; AND AMENDING SECTION 22-103, IDAHO CODE, TO PROVIDE FOR
8 REPORTS AND ANIMAL COUNTS BY THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE
9 AND TO PROVIDE FOR RULES.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 67-6529, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 67-6529. APPLICABILITY TO AGRICULTURAL LAND -- COUNTIES MAY REGULATE SIT-
14 ING OF CERTAIN ANIMAL OPERATIONS AND FACILITIES -- REPORTS. (1) No power
15 granted hereby shall be construed to empower a board of county commissioners
16 to enact any ordinance or resolution which deprives any owner of full and com-
17 plete use of agricultural land for production of any agricultural product.
18 Agricultural land shall be defined by local ordinance or resolution.
19 (2) Notwithstanding any provision of law to the contrary, a board of
20 county commissioners may enact ordinances and resolutions to regulate the sit-
21 ing of large confined animal feeding operations and facilities, as they shall
22 be defined by the board,provided however, that the definition of a confined
23 animal feeding operation shall not be less restrictive than the definition
24 contained in section 67-6529C, Idaho Code, including the approval or rejection
25 of sites for the operations and facilities. A board of county commissioners
26 may reject a site regardless of the approval or rejection of the site by a
27 state agency. A board of county commissioners undertaking such regulation
28 shall hold at least one (1) public hearing affording the public an opportunity
29 to comment on each proposed site. Several sites may be considered at any one
30 (1) public hearing. Only members of the public with their primary residence
31 within a one (1) mile radius of a proposed site may provide comment at the
32 hearing. However, this distance may be increased by the board. A record of
33 each hearing and comments received shall be made by the board. The comments
34 shall be duly considered by the board when deciding whether to approve or
35 reject a proposed site. A board of county commissioners with a process in
36 place on January 1, 2000, for the siting of large confined animal feeding
37 operations and facilities is exempt from the requirements of this subsection
38 but may choose to operate under this subsection.
39 (3) A board of county commissioners may require each concentrated animal
40 feeding operation or confined animal feeding operation as those terms are
41 defined in section 67-6529C, Idaho Code, to submit an initial, and thereafter
42 an annual report to the board of county commissioners and to the Idaho state
43 department of agriculture, which sets forth its total count for all livestock
2
1 or animals within the concentrated animal feeding operations or confined ani-
2 mal feeding operations in the county, said count to be specifically set forth
3 by animal unit, as defined in 7 CFR 1940.312(c)(9) and 40 CFR 122, appendix B.
4 If the county has exercised the authority granted in this section, a board of
5 county commissioners and the Idaho state department of agriculture, or their
6 designees, shall be entitled to verify the animal unit count set forth in any
7 initial or annual report by inspection of the concentrated animal feeding
8 operation or confined animal feeding operation at all reasonable times. If the
9 county has exercised the authority granted in this section, the initial report
10 shall be filed by any new concentrated animal feeding operation or new con-
11 fined animal feeding operation or a concentrated animal feeding operation or
12 confined animal feeding operation that changes owners or operators. Thereaf-
13 ter, for new concentrated animal feeding operations or for new confined animal
14 feeding operations the annual report shall be due on or before January 1 of
15 each and every year.
16 SECTION 2. That Section 22-103, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 22-103. DUTIES OF DIRECTOR. The director of the department of agriculture
19 shall execute the powers and discharge the duties vested by law in him or in
20 the department, including, but not limited to, the following:
21 (1) Pursuant to chapter 53, title 67, Idaho Code, hire, assign duties and
22 evaluate the performance of all employees of the department.
23 (2) Designate employees for special assignment, office or function as the
24 needs of the department may require.
25 (3) Acquire, generate, develop and disseminate information and data con-
26 cerning agricultural pursuits, productivity and product quality.
27 (4) Encourage and promote in every practical manner, the interests of
28 agriculture, horticulture, apiculture, aquaculture, the livestock industries,
29 poultry and fowl raising, wool and fur-bearing animals and their allied indus-
30 tries.
31 (5) Assist, encourage and promote the organization of farmers' insti-
32 tutes, agricultural, horticultural, management or cooperative societies and
33 organizations for the benefit of agricultural pursuits in this state.
34 (6) Promote improved methods of production, storage, sales and marketing
35 of agricultural industries.
36 (7) Establish and promulgate standards of construction, use and sanita-
37 tion of open and closed receptacles for farm products, and standards for grade
38 or other classification of farm products.
39 (8) Prescribe and promulgate rules governing marks, brands and labels,
40 and the registration thereof, for use upon receptacles for farm products.
41 (9) Promote, in the interest of the public, economical and efficient use
42 of products and commodities used in the production of agricultural, horticul-
43 tural, meats and other products and farm commodities and their distribution.
44 (10) Cooperate with producers, processors and consumers in devising and
45 maintaining economical and efficient systems of distribution, and to assist in
46 the reduction of waste and expense incidental to the marketing of agricultural
47 products.
48 (11) Gather and diffuse timely information and statistics concerning sup-
49 ply, demand, prevailing prices and commercial movement of agricultural prod-
50 ucts.
51 (12) Maintain a market news service, including information concerning
52 crops, freight rates, commission rates and such other information as may be of
53 service to producers and consumers, and to act as a clearinghouse for informa-
3
1 tion between producers and consumers.
2 (13) Cooperate with the secretary, colleges and universities, experiment
3 stations, and other agencies which cooperate in devising, research and devel-
4 opment and utilization of improved agricultural production and other activi-
5 ties.
6 (14) Investigate the practices, methods of factors, management techniques
7 of commission merchants, track buyers and others who receive, solicit, buy,
8 sell, handle on commission or otherwise, or deal in grains, eggs, livestock,
9 vegetables or other products used as human foods, to the end that distribution
10 of such commodities through such factors, commission merchants, track buyers
11 and others be efficiently and economically accomplished without hardship,
12 waste or fraud.
13 (15) Enter and inspect any right-of-way of any irrigation canal, railway,
14 public highway, field, orchard, nursery, fruit or vegetable packing house,
15 store room, sales room, storage facility, depot or other place where fruits
16 and vegetables are grown or stored and to inspect fruits, trees, plants,
17 vines, shrubs or other articles within the state, and if such places or arti-
18 cles are infested with pests, insects or their eggs or larvae, or with any
19 contagious or transmittable diseases injurious to plant life, to abate or
20 eradicate the same as a nuisance.
21 (16) Provide treatment for and prevent the spread of infectious or commu-
22 nicable diseases among bees, livestock, fur-bearing animals or domestic ani-
23 mals through the systematic and periodic inspection, testing or treatment of
24 such bees and animals at the expense of the owner thereof.
25 (17) Protect the livestock interests of the state from losses due to dis-
26 ease or hazards to animal health and communicable to humans through agricul-
27 tural products. The director is authorized to regulate, as deemed necessary,
28 commercial livestock truck washing facilities. This includes permitting for
29 the treatment or disposal, at any location, of any wash water generated by the
30 facility. This subsection preempts Idaho department of environmental quality's
31 authority to issue land application permits and to do plan and specification
32 reviews under section 39-118, Idaho Code, for livestock truck wash facilities,
33 but does not affect any other authority of the Idaho department of environmen-
34 tal quality.
35 (18) Maintain recording of earmarks, eartags or other identifying marks
36 not covered under any other provisions of law.
37 (19) Purchase, lease, hold, sell, and dispose of real and personal prop-
38 erty of the department when, in the judgment of the director, such transac-
39 tions promote the purposes for which the department is established.
40 (20) Contract with any state agency, federal agency or agency of another
41 state concerning any matter, program or cooperative effort within the scope
42 and jurisdiction of its authority pursuant to law.
43 (21) Assist in the improvement of country life, farm occupations and to
44 cooperate in effectuating equality of opportunity of those employed in agri-
45 cultural pursuits in the state of Idaho.
46 (22) Investigate diseases, contamination of livestock and poultry, agri-
47 cultural, horticultural, and farm products, suspected to be infected or con-
48 taminated by bacterial, viral, protozoal, parasitic, chemical, nuclear, botan-
49 ical or other disease-producing agents, or carrying a residue of any such
50 disease-producing agent or chemical in excess of any tolerance established by
51 federal or state law or regulation and to examine, conduct tests, and issue
52 "hold orders" on any livestock, poultry, agricultural, horticultural or farm
53 products as deemed necessary to effectuate a diagnosis of disease, contamina-
54 tion or chemical level to safeguard and protect animal and man. And addition-
55 ally, authorize and implement a predator control program on state and private
4
1 lands using any kind of toxic material or substance suitable for such purpose.
2 Any toxic material or substance shall be approved for use by the director. In
3 order to carry out the provisions of this subsection (22), the director shall
4 prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho Code.
5 (23) Prescribe by rule an interest charge which may be assessed on all
6 accounts which are thirty (30) days past due from the initial billing date or
7 the assessment due date. The interest rate charged shall not exceed twelve
8 percent (12%) per annum.
9 (24) To take all steps that are deemed necessary to prevent and control
10 damage or conflicts on federal, state, or other public or private lands caused
11 by predatory animals, rodents, or birds, including threatened or endangered
12 wildlife within the state of Idaho as are established by federal or state law,
13 federal or state regulation, or county ordinance, that are injurious to animal
14 husbandry, agriculture, horticulture, forestry, wildlife and human health and
15 safety.
16 (25) To administer oaths, certify to all official acts and subpoena any
17 person in this state as a witness; to compel through subpoena the production
18 of books, papers, and records; and to take the testimony of any person on
19 deposition in the same manner as prescribed by law in the procedure before the
20 courts of this state. A subpoena issued by the director shall extend to all
21 parts of the state and may be served by any person authorized to do so. All
22 powers of the director enumerated in this subsection (25) with respect to
23 administering oaths, power of subpoena, and other powers in hearings on com-
24 plaints shall likewise be applicable to hearings held on applications for the
25 issuance or renewal of licenses.
26 (26) To appoint, as necessary, committees for the purpose of advising the
27 director on any and all matters relating to agricultural programs within the
28 Idaho department of agriculture.
29 (27) To require reports and conduct animal counts pursuant to subsection
30 (3) of section 67-6529, Idaho Code, when so requested by a board of county
31 commissioners. The department may promulgate necessary rules by which to pro-
32 vide these reports where the department must adhere to individual or industry
33 standards relating to biosecurity protocol, whichever standard is greater.
STATEMENT OF PURPOSE
RS 12617C2
This measure gives local planning authorities the ability to
define the size of confined animal feeding operations for the
purpose of siting. It deletes reference to large CAFO's which was
not defined in the Idaho Code. Further, it gives counties and
the Department of Agriculture the authority to verify the number
of cows on a confined animal feeding operation. Finally, it
gives the Department of Agriculture the authority to promulgate
rules to ensure that bio hazards are not transmitted from one
farm to another by those performing the count.
FISCAL IMPACT
None.
Contact
Name: Sen. Stennett
Phone: 332-1351
Sen. Noh, 332-1333
STATEMENT OF PURPOSE/FISCAL NOTE S 1088