Print Friendly SENATE BILL NO. 1113 – Nutrient mngmt plan, open to public
SENATE BILL NO. 1113
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.
S1113......................................................by STATE AFFAIRS
NUTRIENT MANAGEMENT PLANS - Amends existing law to provide that all
nutrient management plans shall be open to the public and available for
inspection and copying.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1113
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO NUTRIENT MANAGEMENT PLANS; AMENDING SECTION 37-401, IDAHO CODE, TO
3 MAKE TECHNICAL CORRECTIONS AND TO PROVIDE THAT ALL NUTRIENT MANAGEMENT
4 PLANS SHALL BE OPEN TO THE PUBLIC AND AVAILABLE FOR INSPECTION AND COPY-
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 37-401, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 37-401. INSPECTIONS, EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE
10 -- DAIRY FARMS -- NUTRIENT MANAGEMENT PLANS REQUIRED -- CERTAIN EVIDENCE
11 REQUIRED. (1) The director of the department of agriculture is hereby autho-
12 rized and directed to designate any agent to inspect, examine and test any or
13 all dairy products in accordance with rules as the department may prescribe;
14 and to ascertain and certify the grade, classification, quality or sanitary
15 condition thereof and other pertinent facts as the department may require. The
16 director or agent of the department of agriculture of the state of Idaho shall
17 make sanitary inspection of milk, cream, butter and dairy products of any kind
18 whatsoever, intended for human consumption, and of containers, utensils,
19 equipment, buildings, premises or anything whatsoever employed in the produc-
20 tion, handling, storing, processing or manufacturing of dairy products or that
21 would affect the purity of the products. Inspections, examinations and tests
22 shall be made to meet the requirements of the laws of the state and of the
23 United States for the sale of the products or their transportation in both
24 intrastate and interstate commerce. Any agent designated by the director to
25 make inspections shall have the right for that purpose to enter any premises
26 and buildings where milk, cream, butter or dairy products shall be produced,
27 stored, processed or manufactured.
28 (2) Acting in accord with rules of the department, the director or agent
29 of the department shall review plans and specifications for construction of
30 new, modified or expanded waste systems and inspect any dairy farm to ascer-
31 tain and certify sanitary conditions, waste systems and milk quality.
32 ( 23) The director or agent shall issue a permit authorizing the sale of
33 milk for human consumption to all dairy farms that meet the requirements of
34 this chapter, and rules promulgated pursuant to this chapter.
35 ( 34) All dairy farms shall have a nutrient management plan approved by
36 the department. The nutrient management plan shall cover the dairy farm site
37 and other land owned and operated by the dairy farm owner or operator. Nutri-
38 ent management plans submitted to the department by the dairy farm shall
39 include the names and addresses of each recipient of that dairy farm's live-
40 stock waste, the number of acres to which the livestock waste is applied and
41 the amount of such livestock waste received by each recipient. The information
42 provided in this subsection shall be available to the county in which the
43 dairy farm, or the land upon which the livestock waste is applied, is located.
1 If livestock waste is converted to compost before it leaves the dairy farm,
2 only the first recipient of the compost must be listed in the nutrient manage-
3 ment plan as a recipient of livestock waste from the dairy farm. Existing
4 dairy farms shall submit a nutrient management plan to the department on or
5 before July 1, 2001. Notwithstanding any other provision of law to the con-
6 trary, all nutrient management plans shall be open to the public and available
7 for inspection and copying.
8 ( 45) Any new dairy farms or dairy farms that change owners or operators
9 shall have an approved nutrient management plan on file with the department
10 prior to the issuance of the milk permit for that dairy. The nutrient manage-
11 ment plan shall be implemented upon approval of the plan by the department.
12 ( 46) The director or his agent may issue a permit to sell milk for human
13 consumption to a new or expanding dairy farm only upon presentation to the
14 director by the new or expanding dairy farm of:
15 (a) A certified letter, supplied by the board of county commissioners,
16 certifying the new or expanding dairy farm's compliance with applicable
17 county livestock ordinances; and
18 (b) Evidence that a valid water right exists to supply adequate water for
19 the new or expanding dairy farm; or
20 (c) A copy of an application for a permit to appropriate water that has
21 been filed with the Idaho department of water resources and which, if
22 approved, will supply adequate water for the dairy farm; or
23 (d) A copy of an application to change the point of diversion, place,
24 period and nature of use of an existing water right that has been filed
25 with the Idaho department of water resources and which, if approved, will
26 supply adequate water for the dairy farm.
27 ( 57) As used in this section:
28 (a) "Animal units" shall be as defined in rule by the director.
29 (b) "Expanding dairy farm" means an existing, legally permitted dairy
30 farm that increases, or applies to increase, its existing animal units
31 beyond the number for which it is permitted under applicable county live-
32 stock ordinances or increases, or applies to increase, the waste contain-
33 ment system.
34 (c) "New dairy farm" means a dairy farm constructed after the effective
35 date of this act.
STATEMENT OF PURPOSE
This measure would clearly state the public policy of Idaho is
that all nutrient management plans will be an open record and
available to the public.
Name: Sen. Clint Stennett
STATEMENT OF PURPOSE/FISCAL NOTE S 1113