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H0175...............................................by AGRICULTURAL AFFAIRS BEEF CATTLE SUSTAINABILITY ACT - Adds to and amends existing law relating to beef cattle to provide for the authority and duties of the Director of the Department of Agriculture and the Department of Agriculture relating to beef cattle operations; to revise nutrient management plan provisions relating to beef cattle operations; to provide for livestock sustainable management plans; to provide for inspections of beef cattle operations and facility records to ensure compliance with state law; to provide that certain records shall be confidential and exempt from public disclosure; to provide that no beef cattle operation shall cause an unauthorized discharge to waters of the state; and to provide that beef cattle operations operating in compliance shall be immune from certain actions. 02/11 House intro - 1st rdg - to printing 02/14 Rpt prt - to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 175 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO BEEF CATTLE; AMENDING THE HEADING FOR CHAPTER 49, TITLE 22, IDAHO 3 CODE; AMENDING SECTION 22-4901, IDAHO CODE, TO REVISE THE SHORT TITLE; 4 AMENDING SECTION 22-4902, IDAHO CODE, TO REVISE THE DECLARATION OF POLICY 5 AND STATEMENT OF LEGISLATIVE INTENT RELATING TO THE BEEF CATTLE INDUSTRY; 6 AMENDING SECTION 22-4903, IDAHO CODE, TO REVISE TERMINOLOGY, TO PROVIDE 7 FOR THE AUTHORITY AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF AGRICUL- 8 TURE AND THE DEPARTMENT OF AGRICULTURE RELATING TO BEEF CATTLE OPERATIONS 9 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 22-4904, IDAHO CODE, 10 TO DEFINE TERMS AND TO REVISE DEFINITIONS; AMENDING SECTION 22-4905, IDAHO 11 CODE, TO REVISE TERMINOLOGY; AMENDING SECTION 22-4906, IDAHO CODE, TO 12 REVISE TERMINOLOGY AND TO REVISE NUTRIENT MANAGEMENT PLAN PROVISIONS 13 RELATING TO BEEF CATTLE OPERATIONS; AMENDING CHAPTER 49, TITLE 22, IDAHO 14 CODE, BY THE ADDITION OF A NEW SECTION 22-4907, IDAHO CODE, TO PROVIDE FOR 15 LIVESTOCK SUSTAINABLE MANAGEMENT PLANS; AMENDING SECTION 22-4907, IDAHO 16 CODE, TO REDESIGNATE THE SECTION, TO PROVIDE FOR INSPECTIONS OF BEEF CAT- 17 TLE OPERATIONS AND FACILITY RECORDS TO ENSURE COMPLIANCE WITH STATE LAW, 18 TO REVISE TERMINOLOGY AND TO PROVIDE THAT CERTAIN RECORDS SHALL BE CONFI- 19 DENTIAL AND EXEMPT FROM PUBLIC DISCLOSURE; AMENDING SECTION 22-4908, IDAHO 20 CODE, TO REDESIGNATE THE SECTION, TO PROVIDE THAT NO BEEF CATTLE OPERA- 21 TION SHALL CAUSE AN UNAUTHORIZED DISCHARGE TO WATERS OF THE STATE AND TO 22 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 22-4909, IDAHO CODE, TO 23 REDESIGNATE THE SECTION, TO REVISE TERMINOLOGY AND TO PROVIDE CORRECT TER- 24 MINOLOGY; AMENDING SECTION 22-4910, IDAHO CODE, TO REDESIGNATE THE SEC- 25 TION, TO PROVIDE THAT BEEF CATTLE OPERATIONS OPERATING IN COMPLIANCE SHALL 26 BE IMMUNE FROM CERTAIN ACTIONS AND TO PROVIDE CORRECT TERMINOLOGY; AMEND- 27 ING SECTION 9-340D, IDAHO CODE, TO PROVIDE THAT CERTAIN RECORDS RELATING 28 TO BEEF CATTLE OPERATIONS SHALL BE EXEMPT FROM PUBLIC DISCLOSURE; AMENDING 29 SECTION 25-3801, IDAHO CODE, TO REVISE TERMINOLOGY; AND DECLARING AN EMER- 30 GENCY. 31 Be It Enacted by the Legislature of the State of Idaho: 32 SECTION 1. That the Heading for Chapter 49, Title 22, Idaho Code, be, and 33 the same is hereby amended to read as follows: 34 CHAPTER 49 35 BEEF CATTLE ENVIRONMENTAL CONTROLSUSTAINABILITY ACT 36 SECTION 2. That Section 22-4901, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 22-4901. SHORT TITLE. This chapter shall be known and cited as the "Beef 39 Cattle Environmental ControlSustainability Act." 40 SECTION 3. That Section 22-4902, Idaho Code, be, and the same is hereby 2 1 amended to read as follows: 2 22-4902. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. (1) 3 The legislature recognizes the importance of protecting state natural 4 resources. including, surface water and ground water.It is the intent of the 5 legislature to protect the quality of these natural resources while maintain- 6 ing an ecologically sound, economically viable, and socially responsible beef 7 cattle industry in the state. To achieve these sustainable objectives, t The 8 beef cattle industry shall: 9 (a) producesManage manure and process wastewater which, when properly10 used, supplies valuable nutrients and organic matter to soils and is pro-11 tective of the environment, but may, when improperly stored and managed,12 create adverse impacts ongenerated from beef cattle operations to reason- 13 ably protect state natural resources , including waters of the state; and 14 (b) Manage beef cattle operations to minimize fugitive dust and odor 15 emissions through the use of reasonable precautions. 16 This chapter is intended to ensure that manure and process wastewater associ-17 ated withbeef cattle operations are handled in a manner which protects the 18 natural resources of the state while supporting a sustainable Idaho agricul- 19 tural industry. 20 (2) Further, the legislature recognizes that the beef cattle industry is 21 potentially subject to various state and federal laws designed to protect 22 state natural resources and that the Idaho department of agriculture is in the 23 best position to administer and implement these various laws. It is therefore 24 the intent of the legislature that the administration of this law by the 25 department of agriculture fullymeets the goals and requirements of the fed-26 eral clean water act andother applicable state and federal laws, designed to27 further protect state waters and thatregulations or permits. The administra- 28 tion of this chapter by the department of agriculture shall not be more strin- 29 gent than or broader in scope than the requirements of the clean water act and30 other applicable state and federal laws . The department shall have authority31 to administer all laws to protect the quality of water within the confines of32 a beef cattle animal feeding operation, regulations or permits. In carrying 33 out this chapter the department shall prioritize its resources on operations 34 which have the greatest potential to significantly impact the environment and 35 ensure that any requirements imposed under this chapter upon operators of beef 36 cattle animal feedingoperations are cost-effective and environmentally, eco- 37 nomically, environmentallyand technologically feasiblesound. 38 (3) Successful implementation of certain provisions of this chapter is 39 dependent upon the department receiving adequate funding from the legislature 40 and is dependentupon the department executing a memorandum of agreement with 41 the United States environmental protection agency, the Idaho department of 42 environmental quality and the Idaho cattle association which sets forth a 43 working arrangement between the agencies to ensure compliance with this chap- 44 ter. and applicable state and federal laws, including the federal clean water45 act.Moreover, the legislature recognizes that it is important for the state 46 to obtain a delegated national pollutant discharge elimination system (NPDES) 47 permit program from the EPA under the clean water act. 48 SECTION 4. That Section 22-4903, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 22-4903. AUTHORITY AND DUTIES OF DIRECTOR CONCERNING BEEF CATTLE ANIMAL51 FEEDINGOPERATIONS. (1) The director of the department of agriculture through 52 the division of animal industries is authorized to regulate beef cattle animal3 1 feedingoperations to protect state natural resources , including surface water2 and ground water. 3 (2) In order to carry out its duties under this chapter, the department 4 shall be the responsible state department to prevent any ground water contami-5 nation from beef cattle animal feeding operations as provided under section6 39-120, Idaho Codeadminister and implement the laws, regulations and permits 7 that apply to beef cattle operations to reasonably protect state natural 8 resources. 9 (3) The director shall have the authority to exercise any other authori- 10 ties as delegated by the director of the department of environmental quality 11 regarding the protection of ground water, surface water, air quality and other 12 natural resources associated with confined animal feedingbeef cattle opera- 13 tions, and this shall be the authority for the director of the department of 14 environmental quality to so delegate. 15 (4) The director of the department of environmental quality shall consult 16 with the director of the department of agriculture before certifying dis- 17 charges from beef cattle animal feedingoperations as provided under 33 U.S.C. 18 section 1341. 19 SECTION 5. That Section 22-4904, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 22-4904. DEFINITIONS. When used in this chapter: 22 (1) "Administrator" means the administrator, or his designee, for the 23 animal industries division of the Idaho department of agriculture. 24 (2) "Accepted agricultural practices" means those management practices 25 normally associated with agriculture in Idaho including, but not limited to, 26 those practices identified in this chapter which include best management prac- 27 tices to manage manure and process wastewater generated from a beef cattle 28 operation and those to minimize fugitive dust and odor emissions from a beef 29 cattle operation. 30 (3) "Beef cattle" means slaughter and feeder cattle or dairy heifers that 31 are kept on or contiguous to the animal feedingbeef cattle operation and are 32 owned or controlled by the animal feedingbeef cattle operation. 33 ( 34) "Beef cattle animal feedingoperation" means an animal feedingoper- 34 ation which confines slaughter and feeder cattle or dairy heifers as defined 35 in 40 CFR 122.23(b)(1), (b)(2), (b)(4), (b)(6) or (b)(9). 36 ( 45) "Best management practices" means practices, techniques or measures 37 which are determined to be reasonable precautions ,and are a cost-effective 38 and practicable means of: 39 (a) P preventing or reducing pollutants from point sources or nonpoint 40 sources to a level compatible with environmental goals, including water 41 quality goals and standards for waters of the state; and 42 (b) Minimizing fugitive dust and odor emissions from a beef cattle opera- 43 tion. 44 Best management practices for water quality shall be adopted pursuant to the 45 state water quality management plan, the Idaho ground water quality plan or 46 this chapter. Best management practices to minimize fugitive emissions of odor 47 and dust shall be adopted through the department rulemaking process. 48 ( 56) "Department" means the Idaho department of agriculture. 49 ( 67) "Director" means the director of the Idaho department of agriculture 50 or his designee. 51 (8) "Fugitive emissions" means emissions which could not reasonably pass 52 through a stack, chimney, vent, or other functionally equivalent opening 53 including, but not limited to, dust and odor. 4 1 (9) "Livestock sustainable management plan" means a site specific plan 2 approved by the director to prudently manage a beef cattle operation to mini- 3 mize fugitive dust and odor emissions. 4 ( 710) "Manure" means animal excrement that may also contain bedding, 5 spilled feed, water or soil. 6 ( 811) "Modification" or "modified" means structural changes and altera- 7 tions to the wastewater storage containment facility which would require 8 increased storage or containment capacity or such changes which would alter 9 the function of the wastewater storage containment facility. 10 ( 912) "Noncompliance" means a practice or condition that causes an unau- 11 thorized discharge, or a practice or condition, that if left uncorrected, will 12 cause an unauthorized discharge. 13 (1 03) "National pollutant discharge elimination system (NPDES)" means the 14 point source permitting program established pursuant to section 402 of the 15 federal clean water act. 16 (1 14) "Nutrient management plan" means a plan prepared in conformance with 17 the nutrient management standard, provisions required by 40 CFR 122.42(e)(1), 18 or other equally protective standard for managing the amount, placement, form 19 and timing of the land application of nutrients and soil amendments. 20 (1 25) "Nutrient management standard" means the 1999 publication by the 21 United States department of agriculture, natural resources conservation ser- 22 vice, conservation practice standard, nutrient management code 590 or other 23 equally protective standard approved by the director. 24 (1 36) "Person" means any individual, association, partnership, firm, joint 25 stock company, joint venture, trust, estate, political subdivision, public or 26 private corporation, state or federal governmental department, agency or 27 instrumentality, or any legal entity, which is recognized by law as the sub- 28 ject of rights and duties. 29 (1 47) "Process wastewater" means liquid containing beef cattle manure, 30 process generated wastewater and any precipitation which comes into direct 31 contact with livestock manure and facility products or byproducts. 32 (18) "Reasonable precautions" means the implementation of accepted agri- 33 cultural practices through the utilization of best management practices to 34 minimize fugitive dust and odor emissions. 35 (1 59) "Unauthorized discharge" means a discharge of process wastewater or 36 livestock manure to state surface waters that is not authorized by an NPDES 37 permit or the release of process wastewater or livestock manure to waters of 38 the state that does not meet the requirements of this chapter or water quality 39 standards. 40 ( 1620) "Wastewater storage and containment facilities" means the portion 41 of an animal feedinga beef cattle operation where manure or process wastewa- 42 ter is stored or collected. This may include corrals, feeding areas, waste 43 collection systems, waste conveyance systems, waste storage ponds, waste 44 treatment lagoons and evaporative ponds. 45 ( 1721) "Waters of the state" means all accumulations of water, surface and 46 underground, natural and artificial, public and private, or parts thereof 47 which are wholly or partially within, which flow through or border upon the 48 state. 49 SECTION 6. That Section 22-4905, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 22-4905. DESIGN AND CONSTRUCTION. Each new beef cattle animal feeding52 operation and each modified beef cattle animal feedingoperation shall design 53 and construct all new and modified wastewater storage and containment facili- 5 1 ties in accordance with the engineering standards and specifications provided 2 by the natural resource conservation service or the American society of agri- 3 cultural engineers (ASAE) or other equally protective standard approved by the 4 director. The department's review and approval of plans under this section 5 shall supersede the Idaho department of environmental quality's implementation 6 of plan and specification review and approval provided under section 39-118, 7 Idaho Code. Such design and construction shall be considered a best management 8 practice. 9 SECTION 7. That Section 22-4906, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 22-4906. NUTRIENT MANAGEMENT PLAN. Each beef cattle animal feedingopera- 12 tion shall submit a nutrient management plan to the director for approval. 13 Beef cattle animal feedingoperations that are operating on or before July 1, 14 2000, shall submit a nutrient management plan to the director for approval no 15 later than January 1, 2005. Any new operation commencing operations after July 16 1, 2000, shall not operate prior to the director's approval of a nutrient man- 17 agement plan. An approved nutrient management plan shall be implemented and 18 considered a best management practice. Following department review and 19 approval, the plan, and all copies of the plan, shall be returned to the oper- 20 ation and maintained on site. Such plans shall be available to the administra-21 tor on requestdirector or his designee during inspections conducted under 22 this chapter. Plans may be submitted to the director under the "Idaho One 23 Plan" pursuant to section 22-2718, Idaho Code. 24 SECTION 8. That Chapter 49, Title 22, Idaho Code, be, and the same is 25 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 26 ignated as Section 22-4907, Idaho Code, and to read as follows: 27 22-4907. LIVESTOCK SUSTAINABLE MANAGEMENT PLAN. (1) Requests, voluntary 28 submissions and approved plans. If requested by the department, each existing 29 beef cattle operation shall submit a livestock sustainable management plan to 30 the director for approval. Beef cattle operations that are operating on or 31 before July 1, 2005, if requested by the department to submit a sustainable 32 management plan, shall submit a livestock sustainable management plan to the 33 director for approval no later than January 1, 2006. Any new operation com- 34 mencing operations after July 1, 2005, if requested by the department to sub- 35 mit a sustainable management plan, shall not operate prior to the director's 36 approval of a sustainable management plan. Any existing beef cattle operation 37 may voluntarily submit a sustainable management plan to the director for 38 approval. An approved sustainable management plan shall be implemented and 39 considered a best management practice. Following department review and 40 approval, the plan, and all copies of the plan, shall be returned to the oper- 41 ation and maintained on site. Such plans shall be available to the director or 42 his designee during inspections conducted under this chapter. Plans may be 43 submitted to the director under the "Idaho One Plan" pursuant to section 44 22-2718, Idaho Code. 45 (2) Development, approval and review. A sustainable management plan shall 46 be submitted to the director in writing. Upon approval by the director, the 47 director and either the owner or operator of the beef cattle operation shall 48 sign the sustainable management plan. 49 (a) Sustainable management plan development. Within sixty (60) days of 50 receiving a request by the department to submit a sustainable management 51 plan, the owner or operator of the beef cattle operation receiving the 6 1 request shall submit to the director a sustainable management plan for 2 approval. 3 (b) Interim measures. The department shall work with the owner or opera- 4 tor of a beef cattle operation that has received a request by the depart- 5 ment to submit a sustainable management plan, to identify interim measures 6 that can be implemented in a timely manner to begin the process of imple- 7 menting reasonable precautions to reduce fugitive dust and odor emissions 8 while the sustainable management plan is being developed. 9 (c) Department approval. The director shall approve, reject or request 10 additional information within thirty (30) days of receiving a sustainable 11 management plan from the owner or operator of a beef cattle operation. The 12 approval, rejection or request for additional information shall be pro- 13 vided to the owner or operator of the beef cattle operation in writing. 14 (i) If the director rejects a sustainable management plan or 15 requests additional information, the owner or operator of the beef 16 cattle operation shall submit to the director the additional informa- 17 tion or a rewritten sustainable management plan that addresses the 18 reasons for the rejection within thirty (30) days of receiving writ- 19 ten notification from the director. 20 (ii) Within fifteen (15) days of receiving the additional informa- 21 tion or a rewritten sustainable management plan, the director shall 22 approve or reject the sustainable management plan. If the sustainable 23 management plan is rejected, the safe harbor provisions of section 24 22-4911, Idaho Code, shall not apply. 25 (iii) The director may, on a case by case basis, grant extensions to 26 the deadlines contained in this section. 27 (d) Implementation. Sustainable management plans shall be implemented as 28 approved by the director. 29 (e) Review of sustainable management plan. The department shall review 30 sustainable management plans no less than annually for three (3) years 31 after the director approves the sustainable management plan. If the 32 department determines an approved sustainable management plan has not 33 reduced fugitive dust and odor emissions to a level associated with 34 accepted agricultural practices after a reasonable period of time, as 35 determined by the department, the department shall review the sustainable 36 management plan with the owner or operator of the beef cattle operation 37 and adjust the sustainable management plan to meet the goals of the beef 38 cattle sustainability act. 39 SECTION 9. That Section 22-4907, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 22-490 78. INSPECTIONS. (1) The director or his designee in the division 42 of animal industries is authorized to enter and inspect any beef cattle animal43 feedingoperation and have access to or copy any facility records deemed nec- 44 essary to ensure compliance with this chapter. and the federal clean water45 act.The director shall comply with the biosecurity protocol of the operation 46 so long as the protocol does not inhibit reasonable access to: 47 (a) Enter and inspect at reasonable times the premises or land applica- 48 tion site(s) of a beef cattle animal feedingoperation; 49 (b) Review and/or copy, at reasonable times, any records that must be 50 kept under conditions of this chapter; 51 (c) Sample or monitor at reasonable times, substances or parameters 52 directly related to compliance with an NPDES permit or this chapter. 53 (2) All inspections and investigations conducted under the authority of 7 1 this chapter shall be performed in conformity with section 17, article I of 2 the constitution of the state of Idaho. The state shall not, under the author- 3 ity granted by this chapter, conduct warrantless searches of private property 4 in the absence of either consent from the property owner or other authorized 5 person. 6 (3) All records copied or obtained by the director or his designee as a 7 result of an inspection pursuant to this section shall be confidential private 8 records and shall be exempt from disclosure under chapter 3, title 9, Idaho 9 Code, except: 10 (a) Records otherwise deemed to be public records not exempt from disclo- 11 sure pursuant to chapter 3, title 9, Idaho Code; and 12 (b) Inspection reports, determinations of compliance or noncompliance and 13 all other records created by the director or his designee pursuant to this 14 section. 15 SECTION 10. That Section 22-4908, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 22-490 89. DISCHARGES. No animal feedingbeef cattle operation shall cause 18 an unauthorized discharge to waters of the state. Noncompliance with the pro- 19 visions of this actchapter or unauthorized discharges may subject a facility 20 to enforcement as provided in this actchapter. 21 SECTION 11. That Section 22-4909, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 22-49 0910. ENFORCEMENT. (1) Informal administrative resolution of noncom- 24 pliance. When the director identifies items of noncompliance at a beef cattle 25 animal feedingoperation, the deficiencies will be noted and appropriate cor- 26 rective actions will be identified and scheduled informally. When corrective 27 actions cannot be commenced within thirty (30) days and completed within a 28 reasonable time, the director may negotiate a compliance order as specified in 29 subsection (2)(b) of this section. 30 (2) (a) Administrative enforcement. Any beef cattle animal feedingopera- 31 tion not complying with the provisions of this actchapter may be assessed 32 a civil penalty by the director or his duly authorized agent in an admin- 33 istrative enforcement action by the issuance of a notice of noncompliance. 34 The notice of noncompliance shall identify the alleged violation with 35 specificity, shall specify each provision of the actchapter or permit 36 which has been violated, and shall state the amount of any civil penalty 37 claimed for each violation and identify appropriate corrective action. 38 (b) The notice of noncompliance shall inform the person to whom it is 39 directed of an opportunity to confer with the director or the director's 40 designee in a compliance conference concerning the alleged violation. A 41 compliance schedule must be requested within fifteen (15) days of receipt 42 of the notice of noncompliance. The compliance conference shall provide an 43 opportunity for the recipient of a notice of noncompliance to explain the 44 circumstances of the alleged violation and, where appropriate, to present 45 a proposal for remedying damage caused by the alleged violation and assur- 46 ing future compliance. If the recipient and the director agree on a plan 47 to remedy damage caused by the alleged noncompliance and to assure future 48 compliance, they may enter into a compliance order formalizing their 49 agreement. The compliance order may include a schedule to correct defi- 50 ciencies and a provision providing for payment of any agreed civil pen- 51 alty. 8 1 (c) A compliance order shall be effective immediately upon signing by 2 both parties and shall preclude any civil enforcement action for the same 3 alleged noncompliance. If a party does not comply with the terms of the 4 compliance order, the director may seek and obtain, in any appropriate 5 district court, specific performance of the compliance order and such 6 other relief as authorized in this actchapter. 7 (d) If the parties cannot reach agreement on a compliance order within 8 sixty (60) days after the receipt of the notice of noncompliance, or if 9 the recipient does not timely request a compliance conference under this 10 section, the director may commence and prosecute a civil enforcement 11 action in district court, in accordance with subsection (3) of this sec- 12 tion. 13 (3) Civil enforcement. The director may initiate a civil enforcement 14 action through the attorney general. Civil enforcement actions shall be com- 15 menced and prosecuted in the district court in and for the county in which the 16 alleged violation occurred, and may be brought against any person who is 17 alleged to have violated any provision of this actchapter or any permit or 18 order which has become effective pursuant to this actchapter. Such action may 19 be brought to compel compliance with any provision of this actchapter or with 20 any permit or order promulgated hereunder and for any relief or remedies 21 authorized in this actchapter. No civil or administrative proceeding may be 22 brought to recover for a violation of any provision of this actchapter or a 23 violation of any permit or order issued pursuant to this actchapter, more 24 than two (2) years after the director had knowledge or ought reasonably to 25 have had knowledge of the violation. 26 (4) Civil penalty. Any person determined in a civil enforcement action to 27 have violated any provision of this actchapter or any permit or order promul- 28 gated pursuant to this actchapter shall be liable for a civil penalty not to 29 exceed ten thousand dollars ($10,000) per violation or one thousand dollars 30 ($1,000) for each day of a continuing violation. The method of recovery of 31 said penalty shall be by a civil enforcement action in the district court in 32 and for the county where the violation occurred. Moneys collected for viola- 33 tions of this section or rules promulgated thereunder shall be deposited in 34 the state treasury and credited to the state school building fund. The imposi- 35 tion or computation of monetary penalties shall take into account the serious- 36 ness of the violation, good faith efforts to comply with the law, the economic 37 impact of the penalty on the violator, the economic benefit, if any, of the 38 violation and such other matters as justice requires. 39 SECTION 12. That Section 22-4910, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 22-491 01. SAFE HARBOR. All beef cattle animal feedingoperations operat- 42 ing in compliance with this actchapter and approved best management practices 43 shall not constitute a private or public nuisance, constitute a trespass or be 44 subject to state enforcement action due to violations of applicable state 45 laws, regulations or permits including, but not limited to, air quality stan- 46 dards, water quality standards or state ground water quality standards except 47 in the event of imminent and substantial danger as provided in chapter 1, 48 title 39, Idaho Code. However, the department shall evaluate and modify such 49 best management practices as necessary. 50 SECTION 13. That Section 9-340D, Idaho Code, be, and the same is hereby 51 amended to read as follows: 9 1 9-340D. RECORDS EXEMPT FROM DISCLOSURE -- TRADE SECRETS, PRODUCTION 2 RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records are 3 exempt from disclosure: 4 (1) Trade secrets including those contained in response to public agency 5 or independent public body corporate and politic requests for proposal, 6 requests for clarification, requests for information and similar requests. 7 "Trade secrets" as used in this section means information, including a for- 8 mula, pattern, compilation, program, computer program, device, method, tech- 9 nique, process, or unpublished or in progress research that: 10 (a) Derives independent economic value, actual or potential, from not 11 being generally known to, and not being readily ascertainable by proper 12 means by other persons who can obtain economic value from its disclosure 13 or use; and 14 (b) Is the subject of efforts that are reasonable under the circumstances 15 to maintain its secrecy. 16 (2) Production records, housing production, rental and financing records, 17 sale or purchase records, catch records, mortgage portfolio loan documents, or 18 similar business records of a private concern or enterprise required by law to 19 be submitted to or inspected by a public agency or submitted to or otherwise 20 obtained by an independent public body corporate and politic. Nothing in this 21 subsection shall limit the use which can be made of such information for regu- 22 latory purposes or its admissibility in any enforcement proceeding. 23 (3) Records relating to the appraisal of real property, timber or mineral 24 rights prior to its acquisition, sale or lease by a public agency or indepen- 25 dent public body corporate and politic. 26 (4) Any estimate prepared by a public agency or independent public body 27 corporate and politic that details the cost of a public project until such 28 time as disclosed or bids are opened, or upon award of the contract for con- 29 struction of the public project. 30 (5) Examination, operating or condition reports and all documents relat- 31 ing thereto, prepared by or supplied to any public agency or independent pub- 32 lic body corporate and politic responsible for the regulation or supervision 33 of financial institutions including, but not limited to, banks, savings and 34 loan associations, regulated lenders, business and industrial development cor- 35 porations, credit unions, and insurance companies, or for the regulation or 36 supervision of the issuance of securities. 37 (6) Records gathered by a local agency or the Idaho department of com- 38 merce, as described in chapter 47, title 67, Idaho Code, for the specific pur- 39 pose of assisting a person to locate, maintain, invest in, or expand business 40 operations in the state of Idaho. 41 (7) Shipping and marketing records of commodity commissions used to eval- 42 uate marketing and advertising strategies and the names and addresses of grow- 43 ers and shippers maintained by commodity commissions. 44 (8) Financial statements and business information and reports submitted 45 by a legal entity to a port district organized under title 70, Idaho Code, in 46 connection with a business agreement, or with a development proposal or with a 47 financing application for any industrial, manufacturing, or other business 48 activity within a port district. 49 (9) Names and addresses of seed companies, seed crop growers, seed crop 50 consignees, locations of seed crop fields, variety name and acreage by vari- 51 ety. Upon the request of the owner of the proprietary variety, this informa- 52 tion shall be released to the owner. Provided however, that if a seed crop has 53 been identified as diseased or has been otherwise identified by the Idaho 54 department of agriculture, other state departments of agriculture, or the 55 United States department of agriculture to represent a threat to that particu- 10 1 lar seed or commercial crop industry or to individual growers, information as 2 to test results, location, acreage involved and disease symptoms of that par- 3 ticular seed crop, for that growing season, shall be available for public 4 inspection and copying. This exemption shall not supersede the provisions of 5 section 22-436, Idaho Code. 6 (10) Information obtained from books, records and accounts required in 7 chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and 8 rapeseed commission and pertaining to the individual production records of ca- 9 nola or rapeseed growers. 10 (11) Records of any risk retention or self-insurance program prepared in 11 anticipation of litigation or for analysis of or settlement of potential or 12 actual money damage claims against a public entity and its employees or 13 against the industrial special indemnity fund except as otherwise discoverable 14 under the Idaho or federal rules of civil procedure. These records shall 15 include, but are not limited to, claims evaluations, investigatory records, 16 computerized reports of losses, case reserves, internal documents and corre- 17 spondence relating thereto. At the time any claim is concluded, only statisti- 18 cal data and actual amounts paid in settlement shall be deemed a public record 19 unless otherwise ordered to be sealed by a court of competent jurisdiction. 20 Provided however, nothing in this subsection is intended to limit the attorney 21 client privilege or attorney work product privilege otherwise available to any 22 public agency or independent public body corporate and politic. 23 (12) Records of laboratory test results provided by or retained by the 24 Idaho food quality assurance laboratory. Nothing in this subsection shall 25 limit the use which can be made, or availability of such information if used, 26 for regulatory purposes or its admissibility in any enforcement proceeding. 27 (13) Reports required to be filed under chapter 13, title 62, Idaho Code, 28 identifying electrical or natural or manufactured gas consumption data for 29 an individual customer or account. 30 (14) Voluntarily prepared environmental audits, and voluntary disclosures 31 of information submitted on or before December 31, 1997, to an environmental 32 agency as defined in section 9-803, Idaho Code, which are claimed to be confi- 33 dential business information. 34 (15) Computer programs developed or purchased by or for any public agency 35 or independent public body corporate and politic for its own use. As used in 36 this subsection, "computer program" means a series of instructions or state- 37 ments which permit the functioning of a computer system in a manner designed 38 to provide storage, retrieval and manipulation of data from the computer sys- 39 tem, and any associated documentation and source material that explain how to 40 operate the computer program. Computer program does not include: 41 (a) The original data including, but not limited to, numbers, text, 42 voice, graphics and images; 43 (b) Analysis, compilation and other manipulated forms of the original 44 data produced by use of the program; or 45 (c) The mathematical or statistical formulas that would be used if the 46 manipulated forms of the original data were to be produced manually. 47 (16) Active investigative records and trademark usage audits of the Idaho 48 potato commission specifically relating to the enforcement of chapter 12, 49 title 22, Idaho Code, until the commencement of formal proceedings as provided 50 by rules of the commission; purchase and sales information submitted to the 51 Idaho potato commission during a trademark usage audit, and investigation or 52 enforcement proceedings. Inactive investigatory records shall be disclosed 53 unless the disclosure would violate the standards set forth in subsections 54 (1)(a) through (f) of section 9-335, Idaho Code. Nothing in this subsection 55 shall limit the use which can be made, or availability of such information if 11 1 used, for regulatory purposes or its admissibility in any enforcement proceed- 2 ing. 3 (17) All records copied or obtained by the director of the department of 4 agriculture or his designee as a result of an inspection pursuant to section 5 25-3806, Idaho Code, except: 6 (a) Records otherwise deemed to be public records not exempt from disclo- 7 sure pursuant to this chapter; and 8 (b) Inspection reports, determinations of compliance or noncompliance and 9 all other records created by the director or his designee pursuant to sec- 10 tion 25-3806, Idaho Code. 11 (18) All data and information collected by the division of animal indus- 12 tries or the state brand board pursuant to the provisions of section 25-207B, 13 Idaho Code, or rules promulgated thereunder. 14 (1 89) Records disclosed to a county official by the state tax commission 15 pursuant to subsection (4)(c) of section 63-3029B, Idaho Code. 16 (20) All records copied or obtained by the director of the department of 17 agriculture or his designee as a result of an inspection pursuant to section 18 22-4908, Idaho Code, except: 19 (a) Records otherwise deemed to be public records not exempt from disclo- 20 sure pursuant to this chapter; and 21 (b) Inspection reports, determinations of compliance or noncompliance and 22 all other records created by the director or his designee pursuant to sec- 23 tion 22-4908, Idaho Code. 24 SECTION 14. That Section 25-3801, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 25-3801. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. (1) 27 The agriculture industry is a vital component of Idaho's economy and during 28 the normal course of producing the food and fiber required by Idaho and our 29 nation, odors are generated. It is the intent of the legislature to manage 30 these odors when they are generated at a level in excess of those odors nor- 31 mally associated with accepted agricultural practices in Idaho. 32 (2) Large swine and poultry operations are addressing odor management 33 through chapter 1, title 39, Idaho Code, and the department of environmental 34 quality's rules regulating large swine and poultry operations, and the beef 35 cattle industry will address odor management as needed through implementation 36 of the beef cattle environmental controlsustainability act as provided for in 37 chapter 49, title 22, Idaho Code, and rules promulgated thereunder. 38 (3) The Idaho department of agriculture is hereby authorized as the lead 39 agency to administer and implement the provisions of this chapter. In carrying 40 out the provisions of this chapter, the department will make reasonable 41 efforts to ensure that any requirements imposed upon agricultural operations 42 are cost-effective and economically, environmentally and technologically fea- 43 sible. 44 SECTION 15. An emergency existing therefor, which emergency is hereby 45 declared to exist, this act shall be in full force and effect on and after its 46 passage and approval.
STATEMENT OF PURPOSE RS 14925 The purpose of this proposed legislation is to provide the framework through which beef cattle operations can manage fugitive emissions of dust and odor. Amendments to the current environmental regulatory structure will simply add provisions for Livestock Sustainable Management Plans that will be voluntary for beef cattle operations, unless otherwise requested by the Idaho State Department of Agriculture. Livestock Sustainable Management Plans will be reviewed annually for at least three years, and will be considered best management practices with reasonable precautions for the management of fugitive emissions of dust and odor. FISCAL NOTE No fiscal impact to the General Fund. Contact Name: Lloyd Knight, Idaho Cattle Association Phone: 208-343-1615 Stan Boyd 208-344-2271 STATEMENT OF PURPOSE/FISCAL NOTE H 175