Print Friendly HOUSE BILL NO. 175 – Beef Cattle Sustainability Act
HOUSE BILL NO. 175
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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-
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 CONTROL SUSTAINABILITY 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 Control Sustainability Act."
40 SECTION 3. That Section 22-4902, Idaho Code, be, and the same is hereby
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) produces Manage manure and process wastewater which, when properly
10 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 on generated 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 with beef 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 fully meets the goals and requirements of the fed-
26 eral clean water act and other applicable state and federal laws, designed to
27 further protect state waters and that regulations 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 and
30 other applicable state and federal laws . The department shall have authority
31 to administer all laws to protect the quality of water within the confines of
32 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 feeding operations are cost-effective and environmentally, eco-
37 nomically, environmentally and technologically feasible sound.
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 dependent upon 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 water
45 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 ANIMAL
51 FEEDING OPERATIONS. (1) The director of the department of agriculture through
52 the division of animal industries is authorized to regulate beef cattle animal
1 feeding operations to protect state natural resources , including surface water
2 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 section
6 39-120, Idaho Code administer and implement the laws, regulations and permits
7 that apply to beef cattle operations to reasonably protect state natural
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 feeding beef 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 feeding operations 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 feeding beef cattle operation and are
32 owned or controlled by the animal feeding beef cattle operation.
33 ( 34) "Beef cattle animal feeding operation" means an animal feeding oper-
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-
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.
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
40 ( 1620) "Wastewater storage and containment facilities" means the portion
41 of an animal feeding a 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
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 feeding
52 operation and each modified beef cattle animal feeding operation shall design
53 and construct all new and modified wastewater storage and containment facili-
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
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 feeding opera-
12 tion shall submit a nutrient management plan to the director for approval.
13 Beef cattle animal feeding operations 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 request director 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
1 request shall submit to the director a sustainable management plan for
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 animal
43 feeding operation and have access to or copy any facility records deemed nec-
44 essary to ensure compliance with this chapter. and the federal clean water
45 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 feeding operation;
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
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
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
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 feeding beef cattle operation shall cause
18 an unauthorized discharge to waters of the state. Noncompliance with the pro-
19 visions of this act chapter or unauthorized discharges may subject a facility
20 to enforcement as provided in this act chapter.
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 feeding operation, 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 feeding opera-
31 tion not complying with the provisions of this act chapter 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 act chapter 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-
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 act chapter.
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-
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 act chapter or any permit or
18 order which has become effective pursuant to this act chapter. Such action may
19 be brought to compel compliance with any provision of this act chapter or with
20 any permit or order promulgated hereunder and for any relief or remedies
21 authorized in this act chapter. No civil or administrative proceeding may be
22 brought to recover for a violation of any provision of this act chapter or a
23 violation of any permit or order issued pursuant to this act chapter, 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 act chapter or any permit or order promul-
28 gated pursuant to this act chapter 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 feeding operations operat-
42 ing in compliance with this act chapter 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:
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-
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
1 used, for regulatory purposes or its admissibility in any enforcement proceed-
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 control sustainability 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-
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
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.
No fiscal impact to the General Fund.
Name: Lloyd Knight, Idaho Cattle Association
STATEMENT OF PURPOSE/FISCAL NOTE H 175