HS HCS HB 493, 504, 505 -- LIVESTOCK PRODUCTION (Leake)

This substitute creates the Governor's Task Force on Livestock
Air Quality to conduct a study of current air quality problems
created by livestock. The study is to include measurement,
control, and mitigation of negative factors affecting air
quality and assessment of the impact upon human health created
by the effects of livestock odor upon air quality. The task
force will, within one year of the effective date of this
substitute, deliver a report of its findings to certain
officials and departments of state government. The task force
will cease to exist after delivery of the report.

The substitute also provides for creation of a pilot project
within the Missouri Alternatives Center at the University of
Missouri-Columbia, in cooperation with the Department of
Agriculture, to provide assistance for persons engaged in
agricultural production in the following areas:

(1) Cooperative marketing of swine and related products;

(2) Cooperative processing of swine and related products;

(3) Transportation relating to the transfer of swine and related
products;

(4) Uniformity of grading and yielding of swine and related
products;

(5) Dissemination of the most modern information and technology
for swine production and swine products; and

(6) Development of regional and niche markets.

The pilot project will consist of one full-time employee in the
Department of Agriculture and will expire August 28, 1998.

The substitute also contains provisions relating to animal
production, including:

(1) Corporations and cooperatives engaged in farming are not
eligible for any state tax credits or deductions, state grants,
loans, or other financial or economic assistance, unless
unincorporated family farms are eligible for the same.

(2) Corporations engaged in farming which offer a written
contract to farmers, but retain ownership of the commodity, are
encouraged to annually file with the Department of Agriculture a
report including the number of agriculture production contracts
entered into in the state and a sample of such contracts. If the
corporation is a processor of pork, the report is to include the
percentage of animals acquired for processing pursuant to
contractual agreements where the ownership of the animals is
retained by the reporting entity, animals produced by the
reporting entity, and animals purchased from all other producers
of hogs.

(3) Contracts are to be accompanied by a summary written in
plain unambiguous nontechnical terms.

(4) The Department of Agriculture, in cooperation with the
Extension Division of the University of Missouri, is required to
provide information and technical assistance on the terms of
contracts, liability considerations, financing, and other
aspects of agricultural contracts.

(5) Prior to purchase of real estate or to contracting with
individuals owning real property in any county by any
concentrated animal feeding operation, the operation must
provide to the governing body of the county, the Recorder of
Deeds of the county, the largest public library in the county,
the local county office of the Natural Resources Conservation
Service, the newspaper with the largest circulation in the
county, and all municipal or rural water suppliers of the
county, the number of swine in the anticipated facility, a
summary of the waste handling plans and general layout of the
operation, density of animals per acre, expected duration of the
operation at the size reported, name, address, telephone number,
and registered agent for further information.  The Department of
Natural Resources is not to issue any permit until 30 days after
the concentrated animal feeding operation has supplied proof of
compliance with such reporting requirements.

(6) Any corporation, family farm corporation, or person may
associate in the formation of a cooperative for the purpose of
establishing a grain processing or livestock slaughter industry.
A grain processing industry does not include the feeding of
grain to livestock. No single entity within any such cooperative
is allowed to retain more than 49% of the voting rights or the
ownership interest in any such industry.

FISCAL NOTE:  Estimated Partial Net Cost to General Revenue
Fund* of $49,321 in FY 96, $50,905 in FY 97, & $52,213 in FY
98.  *Potential Savings not reflected in these totals.

HCS HB 493, 504, 505 -- LIVESTOCK PRODUCTION

SPONSOR:  Leake

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Agriculture by a vote of 12 to 10.

This substitute creates the Governor's Task Force on Livestock
Air Quality to conduct a study of current air quality problems
created by livestock. The study is to include measurement,
control, and mitigation of negative factors affecting air
quality and assessment of the impact upon human health created
by the effects of livestock odor upon air quality. The task
force will, within one year of the effective date of this
substitute, deliver a report of its findings to certain
officials and departments of state government. The task force
will cease to exist after delivery of the report.

The substitute also provides for creation, within the Department
of Agriculture, of a pilot project to provide assistance for
persons engaged in agricultural production in the following
areas:

(1) Cooperative marketing of swine and related products;

(2) Cooperative processing of swine and related products;

(3) Transportation relating to the transfer of swine and related
products;

(4) Uniformity of grading and yielding of swine and related
products;

(5) Dissemination of the most modern information and technology
for swine production and swine products; and

(6) Development of regional and niche markets.

The pilot project will consist of one full-time employee of the
Department of Agriculture and will expire August 28, 1998.

The substitute also contains provisions relating to animal
production, including:

(1) The Department of Natural Resources will promulgate rules
regulating the establishment, permitting, design, construction,
operation, and management of animal waste facilities.

(2) Corporations and cooperatives engaged in farming are not
eligible for any state tax credits or deductions, state grants,
loans or other financial or economic assistance, unless
unincorporated family farms are eligible for the same.

(3) Corporations engaged in farming which offer a written
contract to farmers, but retain ownership of the commodity, are
required to annually file with the Department of Agriculture a
report including the number of agriculture production contracts
entered into in the state and a sample of such contract. If the
corporation is a processor of pork, the report is to include the
percentage of animals acquired for processing pursuant to
contractual agreements where the ownership of the animals is
retained by the reporting entity, animals produced by the
reporting entity, and animals purchased from all other producers
of hogs.

(4) Contracts are to be accompanied by a summary written in
plain unambiguous nontechnical terms.

(5) The Department of Agriculture, in cooperation with the
Extension Division of the University of Missouri, is required to
provide information and technical assistance on the terms of
contracts, liability considerations, financing, and other
aspects of agricultural contracts.

(6) Prior to purchase of real estate in any county by any
concentrated animal feeding operation the operation must provide
to the governing body of the county, the Recorder of Deeds of
the county, the largest public library in the county, the local
county office of the Natural Resources Conservation Service, and
all municipal or rural water suppliers of the county, the number
of swine in the anticipated facility, a summary of the waste
handling plans and general layout of the operation, density of
animals per acre, expected duration of the operation at the size
reported, name, address, telephone number, and registered agent
for further information.  The Department of Natural Resources is
not to issue any permit until 30 days after the concentrated
animal feeding operation has supplied such summary.

FISCAL NOTE:  Not available at time of this printing.

PROPONENTS:  Supporters say that setting up a Governor's Task
Force on Livestock Air Quality is a prudent way to insure that
Missouri's livestock odor problems are sensibly dealt with.
Coordination of cooperative marketing, processing and
transporting of pork and pork products by the Department of
Agriculture will help independent producers band together to
better compete in rapidly changing market conditions. Reporting
provisions requiring samples of contracts to be submitted to the
Department of Agriculture together with assistance from the
Extension Division of the University of Missouri will help
farmers to make informed contractual decisions. The receivership
of notification prior to land purchase will allow affected
individuals and communities to make informed decisions on
placement of concentrated livestock feeding operations.
Requiring the Department of Natural Resources to promulgate
rules relating to establishment, permitting, design,
construction, operation and management of animal waste handling
facilities will help to insure continued ground and surface
water quality.

Testifying for the bill were Representatives Leake, Tate and
Whiteside; Missouri Farm Bureau; Missouri Catholic Conference;
Missouri Rural Alliance; Catholic Diocese of Jefferson City;
Merle Doughty, Jamesport, Missouri; Barbara Truitt, Cattle
Producer; Missouri Sierra Club; and Missouri Swine Growers
Association.

OPPONENTS:  Those who oppose the bill say it does not afford
adequate protection for individuals from land devaluation
resulting from siting a concentrated animal feeding operation
near such land. Odor from lagoons, feeding operations, and
especially from affluent broadcast upon farm land needed to be
addressed in this legislation. Poultry should not be included in
contract reporting and odor provisions of the bill.
Environmental provisions for large swine producers could be
visited upon smaller swine producers. Recourse for property
owners affected by large animal feeding operations should have
been included in the legislation.

Testifying against the bill were Representatives Howerton and
Steen; Missouri Pork Producers Association; Missouri Rural
Crisis Center; David Bently, Pork Producer; Brent Sandridge,
Pork Producer; Vernon Hanes, Farmer; Bill Gardner, farmer and
small business owner; Terry Spence, Family Farms For the Future;
Marvin McDonald, Rancher; Chuck Hudson, Rancher; and Bob
Whitacre, farmer.

Roland Tackett, Research Analyst

HB 493 -- Agriculture

Sponsor:  Tate

This bill creates the Governor's Task Force on Livestock Air
Quality to conduct a study of current air quality problems
created by livestock. The study is to include measurement,
control, and mitigation of negative factors impacting upon air
quality and assessment of the impact upon human health created
by the effects of livestock odor upon air quality. The task
force will, within one year of the effective date of this bill,
deliver a report of its findings to certain officials and
departments of state government. The task force will cease to
exist after delivery of the report.

The bill also provides for creation, within the Department of
Agriculture, of a pilot project to provide assistance for
persons engaged in agricultural production in the following
areas:

(1) Cooperative marketing of swine and related products;

(2) Cooperative processing of swine and related products;

(3) Transportation relating to the transfer of swine and related
products;

(4) Uniformity of grading and yielding of swine and related
products; and

(5) Dissemination of the most modern information and technology
for swine production and swine products.

The pilot project will consist of one full-time employee of the
Department of Agriculture and will expire August 28, 1998.

The bill also contains provisions relating to animal production,
including:

(1) The Department of Natural Resources will promulgate rules
regulating the establishment, permitting, design, construction,
operation, and management of animal waste facilities;

(2) Corporations and cooperatives engaged in farming are not
eligible for any state tax credits or deductions, state grants,
loans or other financial or economic assistance, unless
unincorporated family farms are eligible for the same;

(3) Corporations engaged in farming which offer a written
contract to farmers, but retain ownership of the commodity, are
required to annually file with the Department of Agriculture a
report including the number of agriculture production contracts
entered into in the state and a sample of such contract. All
such contracts are to be accompanied by a summary written in
plain nontechnical terms.

(4) The Department of Agriculture, in cooperation with the
Extension Division of the University of Missouri, is required to
provide information and technical assistance on the terms of
contracts, liability considerations, financing, and other
aspects of agricultural contracts.

(5) Prior to purchase of real estate in any county by any
concentrated animal feeding operation, the operation must
provide to the Recorder of Deeds of the county, the largest
public library in the county, the local county office of the
Soil and Conservation Service, and all municipal or rural water
suppliers of the county, the number of swine in the anticipated
facility, a summary of the waste handling plans, density of
animals per acre, and expected duration of the operation at the
size reported.

The bill also provides for separation distances, for anaerobic
lagoons or earthen waste slurry storage basins used in
connection with animal feeding operations. Specific distances
graduate with the size of the operation and are set out in the
bill.