HB 1203 -- Agricultural Operations

Sponsor:  Munzlinger

This bill establishes the Concentrated Animal Feeding Operation
(CAFO) Review Board and authorizes the board to issue tax credits
equal to 50% of the cost for purchasing and installing reasonably
available odor control technology in class IB, class IC, or class
II CAFOs.  A single tax credit cannot exceed $100,000, and the
cumulative amount of tax credits issued for this purpose will not
exceed $2 million in any one year.  The tax credit is to be taken
by the taxpayer in the year issued but may be carried forward for
three years until the full credit has been claimed.  The taxpayer
may sell, assign, convey, or transfer the tax credits authorized
by the bill.  No tax credit will be issued for tax years
beginning on or after January 1, 2013.

No public health order, ordinance, rule, or regulation
established by a county commission or county health center board
will apply to any CAFO.  However, an existing order as of the
effective date of the bill will remain in effect until certain
standards have been established.

The Department of Agriculture is required to establish standards
for managed environment livestock operations that implement odor
control technology and utilize best management practices for the
handling and management of animals and animal manure.  The
department must develop procedures to determine if a CAFO meets
these standards within 30 days of the receipt of a permit
application.

No CAFO or its appurtenances can be considered a nuisance,
private or public, or to trespass by any changed conditions in or
about the locality after the facility has been in operation for
one year.  A CAFO can reasonably expand, diversify, or modernize
if all applicable codes, laws, and regulations are met.  A CAFO
and its appurtenances include any operation used in the
production, processing, or storing for commercial purposes of
crops, livestock, equine, forestry, swine, poultry, livestock
products, swine products, or poultry products.  If any action
alleging a nuisance or trespass is found to be frivolous, the
defendant is to recover his or her costs and expenses, as
determined by the court.  No CAFO can be considered a nuisance,
private or public, or to trespass for conditions associated with
farming-related activities conducted by the CAFO or any of its
appurtenances except whenever it results from negligence.

All class I facilities meeting the standards for managed
environment livestock operations will retain the current
statutory buffer distances.  All class I facilities not meeting
the standards will be subject to the following buffer distances:

(1)  For CAFOs with at least 1,000 animal units, 1,250 feet;

(2)  For CAFOs with between 3,000 and 6,999 animal units, 2,500
feet; and

(3)  For CAFOs with 7,000 or more animal units, 3,750 feet.

All CAFOs in existence prior to the establishment of the rules
required by the bill will not be subject to the revised buffer
distances; except if it expands into a higher classification, the
revised buffer distances will apply.

If the department, due to certain factors, recommends a reduced
buffer distance, the governing body of the county in which the
CAFO is located has 60 days to reject the recommendation or the
department will adopt the reduced buffer distance.

The department is required, by August 28, 2007, to send a draft
copy of an operating permit for a new class IA CAFO to the
governing body of the county in which the proposed facility is to
be located.  If the governing body rejects the draft operating
permit within 60 days of receipt, the department will not issue a
final permit.  If the governing body does not reject the draft
permit, the draft permit will be issued as the final permit.

The Missouri Clean Water Commission is required to review and
revise design guidelines regarding CAFOs.  Any proposed class II
CAFO with an operating capacity of more than 650 animal units is
required, by August 28, 2007, to obtain a letter of approval from
the department.  The commission is to review and revise, as
necessary, the rules and regulations that must be met in order
for the department to issue a letter of approval.  Class II CAFOs
must be at least 500 feet from any public building or occupied
residence and are subject to neighbor notification requirements.
Class II CAFOs are prohibited from locating within one mile of
federally owned reservoirs or reservoirs regulated by the Federal
Energy Regulatory Commission and from applying manure within
one-quarter mile of the reservoirs.  This provision does not
apply to any CAFO in existence prior to the effective date of the
bill.

The CAFO Review Board will consist of five members including the
directors of the Department of Natural Resources, Department of
Agriculture, Commercial Agriculture Program at the University of
Missouri, and Missouri Association of Counties and a
representative of the agricultural community appointed by the
Governor.  The board is authorized to employ the Missouri
Agricultural and Small Business Development Authority to
implement its duties.

Subject to the board's approval, moneys in the Concentrated
Animal Feeding Operation Indemnity Fund are to be used to offset
the liability of any county to address animal manure spills
associated with class I or class II CAFOs.  Anytime the balance
in the fund is less than $500,000, the state will indemnify the
difference between $500,000 and the fund balance.  Any state
indemnified moneys are to be repaid to the state from moneys
collected according to the statutory requirements of CAFOs in
Section 640.745, RSMo.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am