View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0682...............................................by AGRICULTURAL AFFAIRS BEEF CATTLE FEEDING OPERATIONS - Amends existing law relating to beef cattle feeding operations to provide additional requirements for nutrient management plans; and to revise the authority granted to the Director of the Department of Agriculture relating to the inspection of beef cattle feeding operations. 02/13 House intro - 1st rdg - to printing 02/16 Rpt prt - to Agric Aff 02/27 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/04 3rd rdg - PASSED - 61-8-1 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Jones, Kellogg, Kulczyk, Lake, Langford, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Roberts, Robison, Rydalch, Sali, Schaefer, Shepherd, Shirley, Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker NAYS -- Henbest, Jaquet, Langhorst, Martinez, Ringo, Sayler, Smith(30), Trail(Bennett) Absent and excused -- Bradford Floor Sponsor - Stevenson Title apvd - to Senate 03/05 Senate intro - 1st rdg - to Agric Aff 03/10 Rpt out - to 14th Ord 03/11 Rpt out w/o amen - to 2nd rdg 03/12 2nd rdg - to 3rd rdg 03/19 3rd rdg - PASSED - 27-7-1 AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Keough, Little, Lodge, Marley, McKenzie, McWilliams, Noble, Pearce, Richardson, Sorensen, Stegner, Sweet, Williams NAYS -- Burkett(Maxand), Calabretta, Kennedy, Noh, Schroeder, Stennett, Werk Absent and excused -- Malepeai Floor Sponsors - Williams & Burtenshaw Title apvd - to House 03/20 To enrol - Rpt enrol - Sp signed - Pres signed 03/22 To Governor 03/23 Governor signed Session Law Chapter 187 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 682 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO BEEF CATTLE FEEDING OPERATIONS; AMENDING SECTION 22-4902, IDAHO 3 CODE, TO PROVIDE ADDITIONAL LEGISLATIVE INTENT RELATING TO THE BEEF CATTLE 4 ENVIRONMENTAL CONTROL ACT; AMENDING SECTION 22-4903, IDAHO CODE, TO MAKE 5 TECHNICAL CORRECTIONS; AMENDING SECTION 22-4904, IDAHO CODE, TO DEFINE A 6 TERM, TO REVISE DEFINITIONS AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING 7 SECTION 22-4906, IDAHO CODE, TO PROVIDE ADDITIONAL REQUIREMENTS FOR NUTRI- 8 ENT MANAGEMENT PLANS; AND AMENDING SECTION 22-4907, IDAHO CODE, TO REVISE 9 AUTHORITY GRANTED TO THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE RELAT- 10 ING TO THE INSPECTION OF BEEF CATTLE FEEDING OPERATIONS, TO PROVIDE COR- 11 RECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 22-4902, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 22-4902. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. (1) 16 The legislature recognizes the importance of protecting state natural 17 resources including, surface water and ground water. It is the intent of the 18 legislature to protect the quality of these natural resources while maintain- 19 ing an ecologically sound, economically viable, and socially responsible beef 20 cattle industry in the state. The beef cattle industry produces manure and 21 process wastewater which, when properly used, supplies valuable nutrients and 22 organic matter to soils and is protective of the environment, but may, when 23 improperly stored and managed, create adverse impacts on natural resources, 24 including waters of the state. This chapter is intended to ensure that manure 25 and process wastewater associated with beef cattle operations are handled in a 26 manner which protects the natural resources of the state. 27 (2) Further, the legislature recognizes that the beef cattle industry is 28 potentially subject to various state and federal laws designed to protect 29 state natural resources and that the Idaho department of agriculture is in the 30 best position to administer and implement these various laws. It is therefore 31 the intent of the legislature that the administration of this law by the 32 department of agriculture fully meets the goals and requirements of the fed- 33 eral clean water act and state laws designed to further protect state waters 34 and that administration of this chapter by the department of agriculture shall 35 not be more stringent than or broader in scope than the requirements of the 36 clean water act and applicable state and federal laws. The department shall 37 have authority to administer all laws to protect the quality of water within 38 the confines of a beef cattle animal feeding operation. In carrying out this 39 chapter the department shall prioritize its resources on operations which have 40 the greatest potential to significantly impact the environment and ensure that 41 any requirements imposed under this chapter upon operators of beef cattle ani- 42 mal feeding operations are cost-effective and economically, environmentally 43 and technologically feasible. 2 1 (3) Successful implementation of this chapter is dependent upon the 2 department receiving adequate funding from the legislature and is dependent 3 upon the department executing a memorandum of agreement with the United States 4 environmental protection agency, the department of environmental quality and 5 the Idaho cattle association which sets forth a working arrangement between 6 the agencies to ensure compliance with this chapter and applicable state and 7 federal laws, including the federal clean water act. Moreover, the legislature 8 recognizes that it is important for the state to obtain a delegated national 9 pollutant discharge elimination system (NPDES) permit program from the EPA 10 under the clean water act. 11 SECTION 2. That Section 22-4903, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 22-4903. AUTHORITY AND DUTIES OF DIRECTOR CONCERNING BEEF CATTLE ANIMAL 14 FEEDING OPERATIONS. (1) The director of the department of agriculture through 15 the division of animal industries is authorized to regulate beef cattle animal 16 feeding operations to protect state natural resources, including surface water 17 and ground water. 18 (2) In order to carry out its duties under this chapter, the department 19 shall be the responsible state department to prevent any ground water contami- 20 nation from beef cattle animal feeding operations as provided under section 21 39-120, Idaho Code. 22 (3) The director shall have the authority to exercise any other authori- 23 ties delegated by the director of the department of environmental quality 24 regarding the protection of ground water, surface water and other natural 25 resources associated with confined animal feeding operations, and this shall 26 be the authority for the director of the department of environmental quality 27 to so delegate. 28 (4) The director of the department of environmental quality shall consult 29 with the director of the department of agriculture before certifying dis- 30 charges from beef cattle animal feeding operations as provided under 33 U.S.C. 31 section 1341. 32 SECTION 3. That Section 22-4904, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 22-4904. DEFINITIONS. When used in thisactchapter: 35 (1) "Administrator" means the administrator, or his designee, for the 36 animal industries division of the Idaho department of agriculture. 37 (2) "Beef cattle" means slaughter and feeder cattle or dairy heifers that 38 are kept on or contiguous to the animal feeding operation and are owned or 39 controlled by the animal feeding operation. 40 (23) "Beef cattle animal feeding operation" means an animal feeding oper- 41 ation which confines slaughter and feeder cattle or dairy heifers as defined 42 in 40 CFR 122.23and 40 CFR part 122, appendix B(b)(1), (b)(2), (b)(4), 43 (b)(6) or (b)(9). 44 (34) "Best management practices" means practices, techniques or measures 45 which are determined to be reasonable precautions, are a cost-effective and 46 practicable means of preventing or reducing pollutants from point sources or 47 nonpoint sources to a level compatible with environmental goals, including 48 water quality goals and standards for waters of the state. Best management 49 practices for water quality shall be adopted pursuant to the state water qual- 50 ity management plan, the Idaho ground water quality plan or thisactchapter. 51 (45) "Department" means the Idaho department of agriculture. 3 1 (56) "Director" means the director of the Idaho department of agriculture 2 or his designee. 3 (67) "Manure" means animal excrement that may also contain bedding, 4 spilled feed, water or soil. 5 (78) "Modification" or "modified" means structural changes and altera- 6 tions to the wastewater storage containment facility which would require 7 increased storage or containment capacity or such changes which would alter 8 the function of the wastewater storage containment facility. 9 (89) "Noncompliance" means a practice or condition that causes an unau- 10 thorized discharge, or a practice or condition, that if left uncorrected, will 11 cause an unauthorized discharge. 12 (910) "National pollutant discharge elimination system (NPDES)" means the 13 point source permitting program established pursuant to section 402 of the 14 federal clean water act. 15 (101) "Nutrient management plan" means a plan prepared in conformance with 16 the nutrient management standard, provisions required by 40 CFR 122.42(e)(1), 17 or other equally protective standard for managing the amount, placement, form 18 and timing of the land application of nutrients and soil amendments. 19 (112) "Nutrient management standard" means the 1999 publication by the 20 United States department of agriculture, natural resources conservation ser- 21 vice, conservation practice standard, nutrient management code 590 or other 22 equally protective standard approved by the director. 23 (123) "Person" means any individual, association, partnership, firm, joint 24 stock company, joint venture, trust, estate, political subdivision, public or 25 private corporation, state or federal governmental department, agency or 26 instrumentality, or any legal entity, which is recognized by law as the sub- 27 ject of rights and duties. 28 (134) "Process wastewater" means liquid containing beef cattle manure, 29 process generated wastewater and any precipitation which comes into direct 30 contact with livestock manure and facility products or byproducts. 31 (145) "Unauthorized discharge" means a discharge of process wastewater or 32 livestock manure to state surface waters that is not authorized by an NPDES 33 permit or the release of process wastewater or livestock manure to waters of 34 the state that does not meet the requirements of thisactchapter or water 35 quality standards. 36 (156) "Wastewater storage and containment facilities" means the portion of 37 an animal feeding operation where manure or process wastewater is stored or 38 collected. This may include corrals, feeding areas, waste collection systems, 39 waste conveyance systems, waste storage ponds, waste treatment lagoons and 40 evaporative ponds. 41 (167) "Waters of the state" means all accumulations of water, surface and 42 underground, natural and artificial, public and private, or parts thereof 43 which are wholly or partially within, which flow through or border upon the 44 state. 45 SECTION 4. That Section 22-4906, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 22-4906. NUTRIENT MANAGEMENT PLAN. Each beef cattle animal feeding opera- 48 tion shall submit a nutrient management plan to the director for approval. 49 Beef cattle animal feeding operations that are operating on or before July 1, 50 2000, shall submit a nutrient management plan to the director for approval no 51 later than January 1, 2005. Any new operation commencing operations after July 52 1, 2000, shall not operate prior to the director's approval of a nutrient man- 53 agement plan. An approved nutrient management plan shall be implemented and 4 1 considered a best management practice. Following department review and 2 approval, the plan, and all copies of the plan, shall be returned to the oper- 3 ation and maintained on site. Such plans shall be available to the administra- 4 tor on request. 5 SECTION 5. That Section 22-4907, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 22-4907. INSPECTIONS. (1) The director or his designee in the division of 8 animal industries is authorized to enter and inspect any beef cattle animal 9 feeding operation and have access to or copy any facility records deemed nec- 10 essary to ensure compliance with thisactchapter and the federal clean water 11 act. The director shall comply with the biosecurity protocol of the operation 12 so long as the protocol does not inhibit reasonable access to: 13 (a) Enter and inspect at reasonable timesuponthe premises or land 14 application site(s) of apermitted facility or where records are keptbeef 15 cattle animal feeding operation; 16 (b)Have access toReview and/or copy, at reasonable times, any records 17 that must be kept under conditions ofthe permitthis chapter; 18 (c)Inspect at reasonable times any facility or land application site;19and20(d)Sample or monitor at reasonable times, substances or parameters 21 directly related to compliance withthean NPDES permit or thisactchap- 22 ter. 23 (2) All inspections and investigations conducted under the authority of 24 thisactchapter shall be performed in conformity with section 17, article I 25 of the constitution of the state of Idaho. The state shall not, under the 26 authority granted by thisactchapter, conduct warrantless searches of private 27 property in the absence of either consent from the property owner or other 28 authorized person.
STATEMENT OF PURPOSE RS 14059 The purpose of this proposed legislation is to make technical corrections to the Beef Cattle Environmental Control Act that helps to clarify the declaration of policy and further defines several of the definitions. The proposed legislation also brings the state plan into compliance with Federal standards by stating the proper Code of Federal Regulations. The proposed legislation also provides that any nutrient management plan so developed shall be maintained on site. The proposed legislation also clarifies the inspection procedures. FISCAL IMPACT None Contact Name:Lloyd Knight Idaho Cattle Association Phone: 343-1615 STATEMENT OF PURPOSE/FISCAL NOTE H 682