SB 431-3_ Filed 02/26/2007, 10:00 Gard

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 431 be amended to read as follows:

SOURCE: Page 2, line 36; (07)MO043105.2. -->     Page 2, between lines 36 and 37, begin a new paragraph and insert:
SOURCE: IC 13-11-2-129.9; (07)MO043105.3. -->     "SECTION 3. IC 13-11-2-129.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 129.9. "Modification", for purposes of IC 13-18-10, refers to an expansion of a confined feeding operation or concentrated animal feeding operation that results in either of the following:
        (1) An increase in the confined animal capacity.
        (2) An increase in the liquid manure storage capacity.

SOURCE: IC 13-11-2-164; (07)MO043105.4. -->     SECTION 4. IC 13-11-2-164 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 164. (a) "Political subdivision", for purposes of IC 13-18-13, means:
        (1) a political subdivision (as defined in IC 36-1-2);
        (2) a regional water, sewage, or solid waste district organized under:
            (A) IC 13-26; or
            (B) IC 13-3-2 (before its repeal July 1, 1996); or
        (3) a local public improvement bond bank organized under IC 5-1.4.
    (b) "Political subdivision", for purposes of IC 13-18-10 and IC 13-18-21, means:
        (1) a political subdivision (as defined in IC 36-1-2);
        (2) a regional water, sewage, or solid waste district organized under:
            (A) IC 13-26; or
            (B) IC 13-3-2 (before its repeal July 1, 1996);
        (3) a local public improvement bond bank organized under IC 5-1.4;
        (4) a qualified entity described in IC 5-1.5-1-8(4) that is a public water utility described in IC 8-1-2-125; or
        (5) a conservancy district established for the purpose set forth in

IC 14-33-1-1(a)(4).
    (c) "Political subdivision", for purposes of IC 13-19-5, has the meaning set forth in IC 36-1-2-13 and includes a redevelopment district under IC 36-7-14 or IC 36-7-15.1.".

SOURCE: Page 4, line 14; (07)MO043105.4. -->     Page 4, between lines 14 and 15, begin a new paragraph and insert:
SOURCE: IC 13-18-10-0.4; (07)MO043105.7. -->     "SECTION 7. IC 13-18-10-0.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 0.4. (a) The department and the boards have sole regulatory authority for the protection of the following with respect to confined feeding operations and CAFOs:
        (1) Human health.
        (2) The environment.
    (b) A political subdivision has regulatory authority for confined feeding operations and CAFOs only with respect to the following:
        (1) Land use.
        (2) Zoning.
".
SOURCE: Page 4, line 16; (07)MO043105.4. -->     Page 4, line 16, delete "JANUARY 1, 2008]:" and insert "JULY 1, 2007]:".
    Page 4, line 17, after "construction" insert " or modification".
    Page 5, line 5, delete "to which either of the following" and insert " that:
                (i) constitute a material violation of a state or federal environmental law or regulation; and
                (ii) present a substantial endangerment to human health or the environment.
".
    Page 5, delete lines 6 through 10.
    Page 5, line 19, delete "to which either of the following" and insert " that:
                (i) constitute a material violation of a state or federal environmental law or regulation; and
                (ii) present a substantial endangerment to human health or the environment.
".
    Page 5, delete lines 20 through 24.
    Page 5, line 37, after "construction" insert " or modification".
    Page 6, line 17, delete "A" and insert " Except as provided in subsection (f), a".
    Page 6, line 25, after "issued" insert ", or to modify a confined feeding operation or a CAFO,".
    Page 6, line 29, delete ";" and insert " or modified;".
    Page 6, line 32, after "located" insert " or modified".
    Page 6, line 35, delete ";" and insert " or modified;".
    Page 6, after line 42, begin a new paragraph and insert:"
     (c) A person must comply with subsection (d) if:
        (1) the person is not required to
file an application as provided in section 1(b) of this chapter for construction of a CAFO:
            (A) on land that is undeveloped; or
            (B) for which:
                (i) a valid existing approval has not been issued; or
                (ii) an NPDES permit has not been obtained;
        or for modification of a CAFO; and
        (2)
the person files:
            (A) an application under 327 IAC 5 for an individual NPDES permit for the construction or modification of a CAFO; or
            (B) a notice of intent under 327 IAC 15 for general NPDES permit coverage for construction or modification of a CAFO.
    (d) A person referred to in subsection (c)
shall make a reasonable effort to provide notice:
        (1) to:
            (A) each person who owns land that adjoins the land on which the CAFO is to be located or modified; or
            (B) if a person who owns land that adjoins the land on which the CAFO is to be located or modified does not occupy the land, all occupants of the land; and
        (2) to the county executive of the county in which the CAFO
is to be located or modified;
not more than ten (10) working days after submitting an application or filing a notice of intent. The notice must be sent by mail, be in writing, include the date on which the application or notice of intent was submitted to or filed with the department, and include a brief description of the subject of the application or notice of intent. The person shall pay the cost of complying with this subsection. The person shall submit an affidavit to the department that certifies that the person has complied with this subsection.

     (e) The department shall:
        (1) publish under IC 5-3-1 notice of:
            (A) an application submitted under:
                (i) subsection (a); or
                (ii) subsection (c)(2)(A); or
            (B) a notice of intent filed under subsection
(c)(2)(B); and
        (2) publish the notice required under subdivision (1):
            (A) in the newspaper of general circulation with the largest circulation in the county in which the confined feeding operation or CAFO is to be located or modified; and
            (B) one (1) time not more than ten (10) working days after the date of:
                (i) submission of the application; or
                (ii) filing of the notice of intent.
    (f) The fee for a modification of a confined feeding operation or CAFO is the fee determined by rule by the department as a percentage of the fee established in subsection (a)(5) determined to account for the magnitude of the modification as compared to the

magnitude of the original construction.".
    Page 7, line 1, strike "(c)" and insert " (g)".
    Page 10, line 39, after "payable" insert " annually".
    Page 10 line 41, delete "indicated number of animals:" and insert " following amount for each category under subsection (b) based on the number of each type of confined animal:
    Category A    $100
    Category B    $200
    Category C    $800
    Category D    $1,500
    (b) The categories for purposes of subsection (a) are as follows:

                                Category A         Category B
    Mature cows        300 to 499         500 to 699
    Other cattle        300 to 699         700 to 999
    Swine at least 55 lbs        600 to 999         1,000 to 2,499
    Swine less than 55 lbs        600 to 4,999         5,000 to 9,999
    Chickens            30,000 to 74,999     75,000 to 124,999
    Turkeys            30,000 to 39,999     40,000 to 54,999
    Ducks                    30,000 to 59,999     60,000 to 99,999
    Sheep                    600 to 4,999         5,000 to 9,999
    Horses                not applicable     not applicable
                            Category C             Category D
    Mature cows        700 to 1,999         at least 2,000
    Other cattle        1,000 to 2,999         at least 3,000
    Swine at least 55 lbs        2,500 to 7,499         at least 7,500
    Swine less than 55 lbs        10,000 to 19,999         at least 20,000
    Chickens            125,000 to 399,999         at least 400,000
    Turkeys            55,000 to 174,999         at least 175,000
    Ducks                    100,000 to 299,999         at least 300,000
    Sheep                    10,000 to 19,999         at least 20,000
    Horses                500 to 999         at least 1,000
    (c) A confined feeding operation that:
        (1) provides confined feeding for a number of animals less than the minimum number of animals stated in IC 13-11-2-40(1); and
        (2) is a confined feeding operation as a result of meeting the criteria in IC 13-11-2-40(2) or IC 13-11-2-40(3);
is subject to the annual fee prescribed in subsections (a) and (b) for Category A.
".
    Page 10, delete line 42.
    Page 11, delete lines 1 through 24.
    Page 11, line 25, delete "(b)" and insert " (d)".
    Page 11, line 27, delete "Subsection (a)." and insert " This section.".
    Page 12, between lines 39 and 40, begin a new paragraph and insert:

SOURCE: ; (07)MO043105.21. -->     "SECTION 21. [EFFECTIVE UPON PASSAGE] The department of environmental management shall adopt temporary rules in the manner provided for the adoption of emergency rules under

IC 4-22-2-37.1 to establish fees under IC 13-18-10-2(f), as added by this act. A temporary rule adopted under this subsection expires on the earliest of the following:
        (1) The date that the department of environmental management adopts another temporary rule under this SECTION that repeals, amends, or supersedes the previously adopted temporary rule.
        (2) The date that the department of environmental management adopts a permanent rule that repeals, amends, or supersedes the previously adopted temporary rule.
        (3) The date specified in the temporary rule.
        (4) December 31, 2008.
".

SOURCE: Page 12, line 41; (07)MO043105.12. -->     Page 12, after line 41, begin a new paragraph and insert:
SOURCE: ; (07)MO043105.23. -->     "SECTION 23. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 431 as printed February 21, 2007.)

________________________________________

Senator GARD


MO043105/DI 52
2007