CCS SS SCS HS HCS HB 1207, 1288, 1408 & 1409 --  CONCENTRATED
ANIMAL FEEDING OPERATIONS; AGRICULTURAL DEMONSTRATION AWARDS

This bill provides for regulation of concentrated animal feeding
operations.

DEPARTMENT OF NATURAL RESOURCES REGULATORY AUTHORITY - The
Department of Natural Resources is given the authority to
promulgate rules regulating the establishment, permitting,
design, construction, operation, and management of Class I
concentrated animal feeding operations.  Such rules may require
monitoring wells on a site-specific basis when concentrated
animal feeding operation lagoons are located in hydrologically
sensitive areas.

SETBACK DISTANCES - The department must require concentrated
animal feeding operations to adopt the following buffer
distances between a facility and any public building or occupied
residence, except a residence owned by the operation:

(1) One thousand feet for operations with at least 1,000 animal
units, as defined by rule by the department;

(2) Two thousand feet for operations with between 3,000 and
6,999 animal units; and

(3) Three thousand feet for operations with 7,000 or more animal
units.

Existing operations are exempt from the buffer distances, as are
operations which have received a written agreement signed by all
residents within the buffer distance.

The department may, depending on local environmental factors,
including prevailing winds and topography, recommend a buffer
distance which is less than the required statutory distance.
The department's recommendation will become effective unless
rejected by the governing body of the county in which the
operation is proposed.

NOTICE - Class IA, Class IB, and Class IC concentrated animal
feeding operations are to give notice of application to the
county governing body and all adjoining property owners within
one and a half times the maximum buffer distance for the size of
the proposed operation.  The department must issue a permit or
respond with a letter of comment within 45 days of receipt of a
completed application. The department will accept written public
comment for a period of 30 days after receipt of application for
a construction permit.

ELIGIBILITY FOR FINANCIAL ASSISTANCE - Any corporation or
cooperative engaged in farming will not be eligible for any
state tax credits, deductions, state grants, loans, or other
financial or economic assistance, unless a family farm or a
family farm corporation receives the same assistance.
Agricultural processing or food processing facilities are not
restricted by this provision of the bill.

INSPECTIONS - The owner or operator of any Class IA concentrated
animal feeding operation with a flush-type waste system is
required to have the system visually inspected at least every 12
hours.  The facility is to keep records of the inspections for 3
years on forms provided by the department.   All flush-type
waste systems are to have, at a minimum, an electronic or
mechanical shutoff system in the event of pipe stoppage or
backflow.  Existing facilities are to have the shutoff system in
place by July 1, 1997, and new facilities upon operational
startup.

DISCHARGE CONTAINMENT - The owner or operator of any Class IA
concentrated animal feeding operation with a lagoon which poses
a risk to public drinking water or aquatic life or which lies
within a drainage basin and is within 300 feet of any adjacent
landowner is required to construct a failsafe containment
structure or earthen dam that will contain, in the event of an
unauthorized discharge, a minimum volume equal to the maximum
flushing volume of such facility in any 24-hour period.

DISCHARGE REPORTING - Within 24 hours, any unauthorized
discharge by a wet animal waste handling facility required to be
reported to the department is also to be reported to all
adjoining landowners listed on the site-specific permit.

LAGOON CLOSURE - The Concentrated Animal Feeding Operation
Indemnity Fund is created.  The moneys in the fund are to be
expended for the closure of certain lagoons which have been
placed under government control due to bankruptcy, failure to
pay property taxes, or abandonment.  The owner of each Class IA
concentrated animal feeding operation is to annually remit to
the fund 10 cents per animal unit permitted per year, for a
period of 10 years.  The fund is to be administered by the
department and may be expended on the closure of Class IA, Class
IB, Class IC, or Class II concentrated animal feeding operation
waste water lagoons.  A maximum of $100,000 per lagoon may be
spent for animal waste lagoon closure activities.  In the event
the department determines that the concentrated animal feeding
operation has been successfully closed by the owner, all moneys
paid by such operation into the fund are to be returned to the
owner.

QUARTERLY INSPECTIONS - The department is to conduct at least
one on-site inspection of each Class IA concentrated animal
feeding operation quarterly.

DEMONSTRATION AWARDS - The Department of Agriculture's
demonstration awards to the Center for Sustainable Agricultural
Systems of the University of Missouri are extended from the
current expiration date of December 31, 1996, to December 31,
2001.

TOWNSHIP ZONING - The bill also provides that the term
"freeholder" or the phrase "resident freeholder" be defined to
mean "resident" for purposes of township planning and zoning.

This bill has an emergency clause.

HS HCS HB 1207, 1288, 1408 & 1409 -- CONCENTRATED ANIMAL FEEDING
OPERATIONS (Tate)

This substitute gives the Department of Natural Resources
authority to promulgate rules regulating the establishment,
permitting, design, construction, operation, and management of
confined animal feeding operations. Such rules may require
monitoring wells on a site specific basis.

The substitute provides for the creation of a Joint Interim
Committee to conduct a comprehensive study of concentrated
animal feeding operations and report its findings to the Speaker
of the House and the President Pro Tem of the Senate on or
before January 1, 1997. No new rules or regulations are to be
promulgated concerning concentrated animal feeding operations
located in sensitive watershed areas of the state between May
15, 1996, and the date the Joint Interim Committee report is
filed.

Prior to filing an application for a permit for a flush system
animal waste facility or any class IB concentrated animal
feeding operation, the owner or operator must provide the
governing body of the county, the Recorder of Deeds of the
county, the largest public library in the county, the newspaper
with the largest circulation in the county, the local county
office of the Natural Resources Conservation Service, and all
municipal or rural water suppliers in the county with the number
of animals anticipated at such facility and the location and
number of acres of such.  The Department of Natural Resources
may not issue the permit until 30 days after this information is
supplied to the county. The department is to issue a permit or
letter of comment within 45 days.

The owner or operator of any class 1A concentrated animal
feeding operation with a flush-type waste system is required to
have the system visually inspected at least every 12 hours. The
facility is to keep records of the inspections on forms provided
by the Department of Natural Resources. All flush-type waste
systems are to have, at a minimum, an electronic or mechanical
shutoff system in the event of pipe stoppage or backflow.

The Department of Natural Resources is to conduct at least one
on-site inspection of each class 1A concentrated animal feeding
operation quarterly.

The owner or operator of any class 1A concentrated animal
feeding operation with a lagoon which poses a risk to public
drinking water or aquatic life or which lies within a drainage
basin and is within 300 feet of any adjacent landowner, is
required to construct a failsafe containment structure or
earthen dam that will contain, in the event of an unauthorized
discharge, a minimum volume equal to the flushing volume of such
facility in any 24 hour period.

Within 24 hours, any unauthorized discharge by a wet animal
waste handling facility required to be reported to the
Department of Natural Resources, is also to be reported to all
adjoining land owners.

Any corporation or cooperative engaged in farming will not be
eligible for any state tax credits, deductions, state grants,
loans, or other financial or economic assistance, unless family
farms and family farm corporations are eligible for the same.

The substitute also creates the Concentrated Animal Feeding
Operation Indemnity Fund. The moneys in the fund are to be
expended for the closure of certain lagoons which have been
placed in the control of government due to bankruptcy, failure
to pay property taxes, or abandonedment. The owner of each Class
IA concentrated animal feeding operation is to remit to the fund
10 cents per animal unit permitted, on a yearly basis for a
period of 10 years. The fund is to be administered by the
Department of Natural Resources and may be expended on the
closure of Class IA, Class IB, or Class II concentrated animal
feeding operation waste water lagoons. Specifications for
qualifying for such funds, maximum dollar amounts to be expended
on each closure, and closure requirements are stated in the
substitute. In the event the department determines that the
concentrated animal feeding operation has been successfully
closed by the owner, all moneys paid by such operation into the
fund are to be returned to the owner.

The Department of Agriculture's demonstration awards to the
Center for Sustainable Agricultural Systems of the University of
Missouri are extended from the current expiration date of
December 31, 1996 to December 31, 2001.

This substitute has an emergency clause.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of $0
to $69,000 in FY 97, $330,456 to $649,056 in FY 98, and $258,394
to $327,394 in FY 99.  Income to Animal Feeding Operation
Indemnity Fund of $37,000 in FY 97, FY 98 & FY 99.  Income to
Natural Resource Protection Fund of $0 in FY 97, $6,000 in FY
98, and $0 in FY 99.

HCS HB 1207, 1288, 1408 & 1409 -- CONCENTRATED ANIMAL FEEDING
OPERATIONS

CO-SPONSORS:  Leake, Wiggins (Tate)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Agriculture by a vote of 26 to 0.

This substitute gives the Department of Natural Resources
authority to promulgate rules regulating the establishment,
permitting, design, construction, operation, and management of
class 1A concentrated animal feeding operations. Such rules may
require monitoring wells on a site specific basis.

Prior to filing an application for a permit for a flush system
animal waste facility, the owner or operator must provide the
governing body of the county, the Recorder of Deeds of the
county, the largest public library in the county, the newspaper
with the largest circulation in the county, the local county
office of the Natural Resources Conservation Service, and all
municipal or rural water suppliers in the county with the number
of animals anticipated at such facility and the location and
number of acres of such.  The Department of Natural Resources
may not issue the permit until 30 days after this information is
supplied to the county. The department is to issue a permit or
letter of comment within 45 days.

The owner or operator of any class 1A concentrated animal
feeding operation is to meet the Federal Occupational Safety and
Health Administration rules and regulations regarding worker
health and safety.

The owner or operator of any class 1A concentrated animal
feeding operation with a flush-type waste system is required to
have the system visually inspected at least every 12 hours. The
facility is to keep records of the inspections on forms provided
by the Department of Natural Resources. All flush-type waste
systems are to have, at a minimum, an electronic or mechanical
shutoff system in the event of pipe stoppage or backflow.

The Department of Natural Resources is to conduct at least one
on-site inspection of each class 1A concentrated animal feeding
operation quarterly.

The owner or operator of any class 1A concentrated animal
feeding operation with a lagoon which poses a risk to public
drinking water or aquatic life or which lies within a drainage
basin and is within 300 feet of any adjacent landowner, is to
construct a failsafe containment structure or earthen dam that
will contain, in the event of an unauthorized discharge, a
minimum volume equal to the flushing volume of such facility in
any 24 hour period.

Within 24 hours, any unauthorized discharge by a wet animal
waste handling facility required to be reported the Department
of Natural Resources, is also to be reported to all adjoining
land owners.

Any corporation or cooperative engaged in farming will not be
eligible for any state tax credits, deductions, state grants,
loans or other financial or economic assistance, unless family
farms and family farm corporations are eligible for the same.

The bill also creates the Concentrated Animal Feeding Operation
Indemnity Fund. The moneys in the fund are to be expended for
the closure of certain lagoons which have been placed in the
control of government due to bankruptcy, failure to pay property
taxes, or abandonedment. The owner of each Class IA concentrated
animal feeding operation is to remit to the fund 10 cents per
animal unit permitted, on a yearly basis for a period of 10
years. The fund is to be administered by the Department of
Natural Resources and may be expended on the closure of Class
IA, Class IB or Class II concentrated animal feeding operation
waste water lagoons. Specifications for qualifying for such
funds, maximum dollar amounts to be expended on each closure,
and closure requirements are stated in the bill. In the event
the department determines that the concentrated animal feeding
operation has been successfully closed by the owner, all moneys
paid by such operation into the fund are to be returned to the
owner.

FISCAL NOTE:  Estimated Cost to General Revenue Fund of $0 in FY
97, $330,456 to $580,056 in FY 98, and $258,394 in FY 99.
Income to Animal Feeding Operation Indemnity Fund of $37,000 in
FY 97, FY 98 & FY 99.  Income to Natural Resources Protection
Fund of $0 in FY 97, $6,000 in FY 98, and $0 in FY 99.

PROPONENTS:  Supporters say that increased inspection, record
keeping, shut-off devices, and secondary containment
requirements will contribute to fewer unauthorized discharges of
animal wastes. The Concentrated Animal Feeding Operation
Indemnity Fund, will help to insure that lagoons will be closed
or modified correctly and in a cost effective manor with the
cost of such closure not born by local government. Provisions
for equal access to state aid and tax credits will help level
the playing field for large and small concentrated animal
feeding operations.

Testifying for the bills were:  Testifying for HB 1288:
Representative Marshall (26); Mark Belwood, land owner in Health
Creek; Partners in Progress;  Missouri Rural Crisis Center;
Missouri Pork Producers Association; Morgan County Concerned
Citizens; Missouri Sierra Club; and Callawegians Opposing
Factory Farms.  Testifying for HB 1207 were Representative Tate;
Brent Sandidge, Family Farmer; Missouri Pork Producers
Association; Rolf Christen, Christen Farms; Missouri Farm
Bureau; Chris Siegel, Family Farmer; and Missouri Sierra Club.
Testifying for HB 1408 were Representatives Leake, and Wiggins;
Family Farms; Vernon Hanes, Family Farmer; NALSO & Citizens of
Missouri; Missouri Rural Crisis Center & Callaway County
Concerned Citizens; Partners in Progress; National Farmers
Organization; Catholic Diocese of Jefferson City; Family Farms
for the Future; Missouri Agriculture Task Force; Missouri Farm
Bureau; Lynn McKinley, Concerned Citizen; National Farmers
Organization; and Missouri Sierra Club.  Testifying for HB 1409
were Representative Whiteside; Missouri Farm Bureau; Missouri
Pork Producers Association; National Farmers Organization; Merle
Doughty, Family Farmer; Vernon Hanes, Family Farmer; Linda
Gilpatrick, Family Farmer, Missouri Rural Crisis Center &
Partners for Progress; Velda Smith, Family Farmer, Missouri
Rural Crisis Center & Partners for Progress; Wes Shoemyer,
National Farmers Organization; Martha Stevens, Family Farmer,
Partners for Progress & Missouri Rural Crisis Center; Missouri
Cattlemen's Association; Chris Siegel, Family Farmer; and
Missouri Sierra Club.

OPPONENTS:  Those who oppose the bill say that the bills do not
afford adequate environmental protection and do not address
health and odor concerns.

Testifying against the bill were:  Testifying against HB 1288
were Brent Sandidge, Family Farmer; David Bently, Family Farmer;
Missouri Cattlemen's Association; and Ramona Mormann, Group of
Turkey Producers.  Testifying against HB 1207 were Family Farms
for the Future; and Missouri Cattlemen's Association.
Testifying against HB 1408 were the Missouri Pork Producers
Association and the Missouri Cattlemen's Association. There was
no opposition to HB 1409.

Roland Tackett, Research Analyst

HB 1207 -- Concentrated Animal Feeding Operations

Co-Sponsors:  Tate, Summers

This bill gives the Department of Natural Resources authority to
promulgate rules regulating the establishment, permitting,
design, construction, operation, and management of class 1A
concentrated animal feeding operations. Such rules may require
monitoring wells on a site specific basis.

Prior to filing an application for a permit for a wet handling
animal waste facility the owner or operator must provide the
governing body of the county, the Recorder of Deeds of the
county, the largest public library in the county, the newspaper
with the largest circulation in the county, the local county
office of the Natural Resources Conservation Service, and all
municipal or rural water suppliers in the county with the number
of animals anticipated at such facility, the waste handling plan
and general layout of the facility, the number of acres at such
facility, and the name, address, telephone number and registered
agent for further information as may be needed. The Department
of Natural Resources may not issue the permit until 30 days
after this information is supplied to the county. The department
is to issue a permit or letter of comment within 90 days.

The owner or operator of any class 1A concentrated animal
feeding operation is to meet the Federal Occupational Safety and
Health Administration rules and regulations regarding worker
health and safety.

The owner or operator of any class 1A concentrated animal
feeding operation with a flush-type waste system is required to
have the system visually inspected at least every 12 hours. The
facility is to keep records of the inspections on forms provided
by the Department of Natural Resources. All flush-type waste
systems are to have, at a minimum, an electronic or mechanical
shutoff system in the event of pipe stoppage or backflow.

The Department of Natural Resources is to conduct at least one
on-site inspection of each class 1A concentrated animal feeding
operation monthly.

The owner or operator of any class 1A concentrated animal
feeding operation with a lagoon which poses a risk to public
drinking water or aquatic life or which lies within a drainage
basin and is within 300 feet of any adjacent landowner, is to
construct a failsafe containment structure or earthen dam that
will contain, in the event of an unauthorized discharge, a
minimum volume equal to the flushing volume of such facility in
any 24 hour period.

Within 24 hours, any unauthorized discharge by a wet animal
waste handling facility required to be reported the Department
of Natural Resources, is also to be reported to all adjoining
land owners.

The bill also creates the Animal Waste Handling Safety Fund. The
owner or operator of each class 1A concentrated animal feeding
operation is to remit to the Department of Revenue, on a monthly
basis, a fee to be determined by the Department of Agriculture
and not to exceed 2 cents per animal berthed, processed, or sold
by the operation.