2004 Legislation
Print Friendly

HOUSE BILL NO. 682 – Beef cattle feeding operations

HOUSE BILL NO. 682

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN 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 this act chapter:
 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  122.23  and  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 this act chapter.
 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 this act chapter 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 this act chapter 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  times  upon  the  premises  or  land
 14        application site(s) of a permitted facility or where records are kept beef
 15        cattle animal feeding operation;
 16        (b)  Have  access  to Review and/or copy, at reasonable times, any records
 17        that must be kept under conditions of the permit this chapter;
 18        (c)  Inspect at reasonable times any facility or  land  application  site;
 19        and
 20        (d)  Sample  or  monitor  at  reasonable  times,  substances or parameters
 21        directly related to compliance with the an NPDES permit or this act  chap-
 22        ter.
 23        (2)  All  inspections  and investigations conducted under the authority of
 24    this act chapter 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 this act chapter, 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 / Fiscal Impact



                       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