TITLE 39

HEALTH AND SAFETY

CHAPTER 36

WATER QUALITY

39-3628B.  CONFINED ANIMAL FEEDING OPERATIONS (CAFO) IMPROVEMENT FUND ESTABLISHED. (1) There is hereby created and established in the state treasury the confined animal feeding operations (CAFO) improvement fund. The state treasurer shall invest the idle moneys of the fund, and the interest earned on such investments shall be retained by the fund. All moneys in the fund are appropriated continuously to the department of environmental quality to be used and administered by it for the purposes specified in subsection (3) of this section and shall not be subject to the provisions of chapter 36, title 67, Idaho Code, or section 67-3516, Idaho Code.

(2)  The fund shall have paid into it any gifts or grants from any source when the same are made for purposes consistent with those for which the fund is established, interest due to the investment of moneys in the fund, or any other appropriation provided by the legislature.

(3)  The department must expend or grant moneys from the CAFO improvement fund, as directed by the CAFO improvement fund committee, for a statewide grant program to support implementation of environmental improvement programs on confined animal feeding operations for the purpose of improving or implementing: by-product, waste, nutrient, and water management; application and storage systems; energy-efficiency projects related to processing of livestock by-products and waste; and renewable energy projects using livestock by-products or waste as a feedstock. The following are eligible for grants from the CAFO improvement fund:

(a)  Owners and operators of a dairy farm as defined in section 37-604, Idaho Code;

(b)  Owners and operators of a beef cattle animal feeding operation as defined in section 22-4904, Idaho Code; and

(c)  Owners and operators of a concentrated animal feeding operation as defined in section 25-4002, Idaho Code.

(4)  On or before the first day of each regular legislative session, the department must submit to the legislature a report of any moneys expended or obligated and any work begun or completed in the prior fiscal year pursuant to subsection (3) of this section.

(5)  The CAFO improvement fund established under this section, and the administration of such fund, shall not be subject to the provisions of section 39-3614, Idaho Code.

(6)(a)  There is hereby established the CAFO improvement fund committee to administer the CAFO improvement fund. The committee shall consist of seven (7) members as follows:

(i)   One (1) representative selected by and appointed by the director of the Idaho department of environmental quality;

(ii)  One (1) representative selected by and appointed by the director of the Idaho state department of agriculture;

(iii) Two (2) representatives selected by and appointed by the Idaho dairymen’s association;

(iv)  Two (2) representatives selected by and appointed by the Idaho cattle association; and

(v)   One (1) representative selected by and appointed by the dean of the college of agricultural and life sciences, university of Idaho.

(b)  Each member shall be appointed to serve a three (3) year term, except that the term of the initial appointees shall commence on the date of appointment and shall be staggered such that at least two (2) positions are up for appointment each year. Appointments to fill vacancies shall be for the balance of the unexpired term. The director of the Idaho department of environmental quality may also name as may be needed those who have expertise necessary to assist in the work of the committee to serve as technical nonvoting advisers to the committee. Members of the committee shall be compensated pursuant to section 59-509(c), Idaho Code. The members of the committee shall appoint a chairperson from among its members. The committee shall meet as necessary to conduct its business and provide general direction to the director for administration of the funds under this section, but not less frequently than annually, provided that no annual meeting is required if there are no funds available under this section for administration.

(7)  The CAFO improvement fund committee shall have sole responsibility and authority to:

(a)  Establish the criteria for eligibility to receive a grant from the CAFO improvement fund, which shall include but not be limited to:

(i)   That any application must be for a project that meets the purpose for which the CAFO improvement fund moneys may be expended, as described in subsection (3) of this section;

(ii)  That any applicant must be of the class eligible to receive funds from the CAFO improvement fund, as described in subsection (3) of this section;

(iii) That the applicant for a project must contribute or obtain, in kind or in cash, no less than forty percent (40%) of the total project cost from sources other than the CAFO improvement fund; and

(iv)  That no single project may receive in grant funding from the CAFO improvement fund more than twenty percent (20%) of the total funds appropriated to the CAFO improvement fund in any fiscal year.

(b)  Solicit and review applications for qualifying projects as described in subsection (3) of this section;

(c)  Establish the criteria to score and rank applications, which may include separating applications among classes based on CAFO size in order to ensure grant funding is made available to CAFOs of varying operational size;

(d)  Score and rank project applications and determine the award of grants to applicants for qualifying projects that have been reviewed by the committee, and then direct the department accordingly;

(e)  Monitor the completion of projects that receive a grant award and the results of projects after implementation; and

(f)  Other duties as necessary to coordinate and implement administration of the provisions of this section by the director.

(8)  The department of environmental quality shall provide staff assistance and support for the committee and administration of the CAFO improvement fund. The cost of administration of the provisions of this section shall be paid from legislative appropriations to the CAFO improvement fund.

History:

[39-3628B, added 2022, ch. 51, sec. 1, p. 155.]