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H0492...............................................by AGRICULTURAL AFFAIRS
ANIMAL FEEDING OPERATIONS - Amends existing law relating to concentrated
animal feeding operations to revise definitions; and to provide that
requests by boards of county commissioners for suitability determinations
by site advisory teams shall include the actual animal capacity of the
facility.
01/27 House intro - 1st rdg - to printing
01/30 Rpt prt - to Agric Aff
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 66-0-4
AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Trail, Wills, Wood
NAYS -- None
Absent and excused -- Anderson, Block, Brackett, Mr. Speaker
Floor Sponsor - Andrus
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Agric Aff
03/17 Rpt out - rec d/p - to 2nd rdg
03/20 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Burtenshaw
Floor Sponsor - Coiner
Title apvd - to House
03/22 To enrol
03/23 Rpt enrol - Sp signed
03/24 Pres signed - To Governor
03/30 Governor signed
Session Law Chapter 218
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 492
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO CONCENTRATED ANIMAL FEEDING OPERATIONS; AMENDING SECTION 67-6529C,
3 IDAHO CODE, TO REVISE DEFINITIONS; AND AMENDING SECTION 67-6529E, IDAHO
4 CODE, TO PROVIDE THAT REQUESTS BY BOARDS OF COUNTY COMMISSIONERS FOR SUIT-
5 ABILITY DETERMINATIONS BY SITE ADVISORY TEAMS SHALL INCLUDE THE ACTUAL
6 ANIMAL CAPACITY OF THE FACILITY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 67-6529C, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 67-6529C. DEFINITIONS. As used in this act, the following definitions
11 shall apply:
12 (1) "Animal unit" means a unit of measurement for any animal feeding
13 operation calculated by adding the following numbers: The number of slaughter
14 and feeder cattle multiplied by one (1), plus the number of young slaughter or
15 feeder cattle less than twelve (12) months of age multiplied by six-tenths
16 (0.6), plus the number of mature dairy cattle multiplied by one and four-
17 tenths (1.4), plus the number of young dairy cattle multiplied by six-tenths
18 (0.6), plus the number of swine weighing over twenty-five (25) kilograms,
19 approximately fifty-five (55) pounds, multiplied by four-tenths (0.4), plus
20 the number of weaned swine weighing under twenty-five (25) kilograms multi-
21 plied by one-tenth (0.1), plus the number of sheep multiplied by one-tenth
22 (0.1), plus the number of horses multiplied by two (2), plus the number of
23 chickens multiplied by one-hundredth (0.01);
24 (2) "CAFO," also referred to as "concentrated animal feeding operation"
25 or "confined animal feeding operation," means a lot or facility where the fol-
26 lowing conditions are met:
27 (a) Animals have been, are, or will be stabled or confined and fed or
28 maintained for a total of ninety (90) consecutive days or more in any
29 twelve-month period;
30 (b) Crops, vegetation, forage growth or postharvest residues are not sus-
31 tained in the normal growing season over any portion of the lot or facil-
32 ity; and
33 (c) The lot or facility is designed to confine or actually does confine
34 an equivalent of one thousand (1,000) animal units or more as many as or
35 more than the numbers of animals specified in any of the following catego-
36 ries: seven hundred (700) mature dairy cows, whether milked or dry; one
37 thousand (1,000) veal calves; one thousand (1,000) cattle other than
38 mature dairy cows or veal calves; two thousand five hundred (2,500) swine
39 each weighing fifty-five (55) pounds or more; ten thousand (10,000) swine
40 each weighing less than fifty-five (55) pounds; five hundred (500) horses;
41 ten thousand (10,000) sheep or lambs; or eighty-two thousand (82,000)
42 chickens.
43 Two (2) or more concentrated animal feeding operations under common ownership
2
1 are considered, for the purposes of this definition, to be a single animal
2 feeding operation if they adjoin each other or if they use a common area or
3 system for the disposal of wastes;
4 (32) "CAFO site advisory team" shall mean representatives of the Idaho
5 state department of agriculture, Idaho department of environmental quality and
6 Idaho department of water resources who review a site proposed for a CAFO,
7 determine environmental risks and submit a suitability determination to a
8 county. The department of agriculture shall serve as the lead agency for the
9 team;
10 (43) "Environmental risk" shall mean that risk to the environment deemed
11 posed by a proposed CAFO site, as determined and categorized by the CAFO site
12 advisory team and set forth in the site advisory team's suitability determina-
13 tion report;
14 (54) "Suitability determination" shall mean that document created and
15 submitted by the CAFO site advisory team after review and analysis of a pro-
16 posed CAFO site that identifies the environmental risk categories related to a
17 proposed CAFO site, describes the factors that contribute to the environmental
18 risks and sets forth any possible mitigation of risk.
19 SECTION 2. That Section 67-6529E, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 67-6529E. PROCESS FOR COUNTY REQUEST -- CONTENTS OF THE REQUEST. (1) A
22 board of county commissioners shall submit its request for a suitability
23 determination by a site advisory team in writing to the director of the
24 department of agriculture and shall support its request by the adoption of a
25 resolution.
26 (2) Information in the request shall include, but not be limited to, the
27 relevant legal description and address of a proposed facility, the actual ani-
28 mal-unit capacity of the facility, the types of animals to be confined at the
29 proposed facility, all information related to water and water rights of the
30 facility, any relevant vicinity maps and any other information relevant to the
31 site that will assist the site advisory team in issuing its suitability deter-
32 mination. The board of county commissioners shall also provide the site advi-
33 sory team with a copy of the odor management plan for the CAFO, if required to
34 be submitted by the site applicant at the time of application.
STATEMENT OF PURPOSE
RS 15409
To change the CAFO definition from the old EPA standard of
"animal units" to the current EPA standard of "actual animal
numbers.
FISCAL NOTE
There will be no fiscal impact.
CONTACT
Name: John Chatburn
Agency: Agriculture, Dept. of
Phone: 332-8540
STATEMENT OF PURPOSE/FISCAL NOTE H 492