Bill Text: NY A02927 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the agriculture and markets law, in relation to establishing a concentrated animal feeding operation board

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-06 - referred to agriculture [A02927 Detail]

Download: New_York-2009-A02927-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2927
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 21, 2009
                                      ___________
       Introduced  by M. of A. ENGLEBRIGHT, COLTON -- read once and referred to
         the Committee on Agriculture
       AN ACT to amend the agriculture and markets law, in relation  to  estab-
         lishing a concentrated animal feeding operation board
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The agriculture and markets law is amended by adding a  new
    2  article 26-C to read as follows:
    3                                ARTICLE 26-C
    4                 CONCENTRATED ANIMAL FEEDING OPERATION BOARD
    5  SECTION 420. CONCENTRATED ANIMAL FEEDING OPERATION BOARD.
    6    S 420. CONCENTRATED ANIMAL FEEDING OPERATION BOARD. 1. THERE IS HEREBY
    7  CREATED THE CONCENTRATED ANIMAL FEEDING OPERATION BOARD. THE BOARD SHALL
    8  CONSIST OF SEVEN MEMBERS. THE MEMBERS OF THE BOARD SHALL BE APPOINTED BY
    9  THE  COMMISSIONER AS FOLLOWS: ONE UPON THE RECOMMENDATION OF THE COMMIS-
   10  SIONER OF ENVIRONMENTAL CONSERVATION, ONE UPON THE RECOMMENDATION OF THE
   11  DEAN OF THE CORNELL UNIVERSITY SCHOOL OF AGRICULTURE AND LIFE  SCIENCES,
   12  AND  FIVE  MEMBERS SHALL BE PRIVATE STAKEHOLDERS REPRESENTING THE INTER-
   13  ESTS OF CONCENTRATED ANIMAL FEEDING  OPERATION  REGULATED  FARM  OWNERS,
   14  NUTRIENT MANAGEMENT PLANNERS OR SPECIALISTS, AND MEMBERS OF THE ENVIRON-
   15  MENTAL  COMMUNITY. A CHAIR AND VICE-CHAIR OF SUCH BOARD SHALL BE ELECTED
   16  BY A MAJORITY VOTE OF THE  MEMBERS.  THE  MEMBERS  OF  THE  BOARD  SHALL
   17  RECEIVE  NO  COMPENSATION  FOR  THEIR  SERVICES  AS MEMBERS BUT SHALL BE
   18  ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES  INCURRED  BY  THEM  IN  THE
   19  PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS ARTICLE.
   20    2.  THE  BOARD,  IN CONJUNCTION WITH THE DEPARTMENT, THE DEPARTMENT OF
   21  ENVIRONMENTAL CONSERVATION AND THE CORNELL UNIVERSITY SCHOOL OF AGRICUL-
   22  TURE AND LIFE SCIENCES, SHALL COLLECT DATA AND STUDY NUTRIENT MANAGEMENT
   23  SYSTEMS ON FARMS WITH BETWEEN THREE HUNDRED AND NINE HUNDRED NINETY-NINE
   24  ANIMAL UNITS (AU), AND WHICH ARE CONSIDERED CONCENTRATED ANIMAL  FEEDING
   25  OPERATION  FARMS  UNDER GENERAL PERMIT GP-99-01. THE STUDY SHALL MEASURE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06156-01-9
       A. 2927                             2
    1  BOTH THE NUTRIENT MANAGEMENT CAPABILITIES OF THE MANAGEMENT  SYSTEM  AND
    2  THE  ECONOMIC  VIABILITY  OF  THE  MANAGEMENT SYSTEM AND OPERATIONS. THE
    3  EFFECTIVENESS OF THE NUTRIENT MANAGEMENT SYSTEM SHALL BE MEASURED BY THE
    4  NUTRIENT  UPTAKE  IN  THE  SOLID  PORTION OF MANURE SOLIDS, THE NUTRIENT
    5  LEVELS IN THE LIQUID PORTION AND THE EFFECTIVENESS OF CREATING  A  CLEAN
    6  WATER  DISCHARGE.  THE  ECONOMIC  VIABILITY  OF  THE NUTRIENT MANAGEMENT
    7  SYSTEM SHALL BE MEASURED BY  THE  COST  OF  INSTALLATION,  THE  COST  OF
    8  MANAGEMENT  AND  OPERATION,  AND  THE USEFULNESS OF THE SOLID AND LIQUID
    9  PORTIONS PRODUCED IN THE MANAGEMENT  SYSTEM.  EACH  NUTRIENT  MANAGEMENT
   10  SYSTEM SHALL BE STUDIED TO DETERMINE THE EFFECTIVENESS OF THE ABILITY TO
   11  EFFECTIVELY MONITOR THE NUTRIENTS IN THE SYSTEM AND THE WATER QUALITY IN
   12  THE SYSTEM.
   13    THE  BOARD  SHALL ALSO WORK IN CONJUNCTION WITH THE CORNELL UNIVERSITY
   14  TURFGRASS DEPARTMENT AND THE CORNELL UNIVERSITY  URBAN  INTEGRATED  PEST
   15  MANAGEMENT  PROGRAM TO COLLECT DATA ON THE EFFECTIVENESS OF THE NUTRIENT
   16  MANAGEMENT SYSTEM TO  DEMONSTRATE  A  NUTRIENT  EXCHANGE  OF  THE  SOLID
   17  PORTION  OF THE NUTRIENTS TO BE USED AS A SOIL CONDITIONER. FOR PURPOSES
   18  OF THIS SECTION, A "NUTRIENT EXCHANGE" IS DEFINED  AS  THE  USE  OF  THE
   19  SOLID  PORTION  OF NUTRIENTS FOR A NON-AGRICULTURAL USE AS A SOIL CONDI-
   20  TIONER. THE SOLIDS SHALL BE  MEASURED  FOR  EFFECTIVENESS  AND  ECONOMIC
   21  VIABILITY  ON TURF AREAS AS A SOIL CONDITIONER. THE EFFECTIVENESS OF THE
   22  SOLIDS SHALL BE MEASURED FOR GROWTH POTENTIAL, NUTRIENT LEACHING PROPER-
   23  TIES, DISEASE SUPPRESSION AND THATCH DECOMPOSITION. THE ECONOMIC VIABIL-
   24  ITY OF THE SOLIDS AS A SOIL CONDITIONER SHALL BE MEASURED BY  PER  CUBIC
   25  YARD COST AND FREIGHT COST.
   26    3.  THE BOARD SHALL APPOINT A NUTRIENT MANAGEMENT SPECIALIST TO ASSIST
   27  CONCENTRATED ANIMAL FARMING OPERATION  REGULATED  FARMS  THROUGHOUT  THE
   28  STATE WITH THE COMPLIANCE WITH THE CONCENTRATED ANIMAL FARMING OPERATION
   29  REGULATIONS.    THE  NUTRIENT MANAGEMENT SPECIALIST SHALL ASSIST CONCEN-
   30  TRATED ANIMAL FARMING OPERATION FARMS WITH  UNDERSTANDING  AND  CHOOSING
   31  NUTRIENT MANAGEMENT OPTIONS THAT ARE EFFECTIVE AND ECONOMICALLY VIABLE.
   32    4.  THE  BOARD SHALL PREPARE AND SUBMIT A REPORT OF THE RESULTS OF THE
   33  STUDY CONDUCTED PURSUANT TO THIS SECTION TO THE GOVERNOR AND THE  LEGIS-
   34  LATURE NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
   35    S  2.  This  act shall take effect on the thirtieth day after it shall
   36  have become a law.