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Indiana General Assembly
Senate Bill 0431


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Senate Bill 0431

ARCHIVE (2007)

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DIGEST OF SB431 (Updated April 5, 2007 10:36 am - DI 84)

Environmental matters. Defines "applicant", "modification", and "responsible party" for purposes of confined feeding control statutes. Specifies that those statutes apply to both confined feeding operations (CFOs) and concentrated animal feeding operations (CAFOs), and to both original construction and modifications. Establishes good character disclosure requirements for CFOs and CAFOs. Provides that a structure or a manure treatment facility at a new CFO may not be constructed within one mile of the boundary of a school, a licensed health facility, or a municipality. Allows an expansion of an existing operation by a person who has not committed an environmental violation. Allows the department of environmental management (IDEM) to review and act on disclosed good character information. Establishes construction and modification fee and annual fee for CFOs and CAFOs. Establishes a confined feeding inspection fund. Requires IDEM to establish civil penalty matrices for various categories of violations relating to CFOs. Requires IDEM to inspect a CFO at least one time each year if the owner or operator has committed a violation of environmental management laws or a rule adopted by the water pollution control board. Specifies which governmental entities have regulatory authority concerning CFOs and CAFOs. Requires the state chemist to adopt rules relating to: (1) the use of fertilizer material and the distribution and storage of bulk commercial fertilizers; and (2) the establishment of a training and educational program for manure haulers and applicators. Requires the department of agriculture (DOA) to communicate with the executive of each county to encourage the county to adopt and assist the county in adopting an ordinance to address land use and zoning issues related to CFOs. Establishes a property tax deduction for property equipped with an organic waste biomass conversion unit. Establishes a property tax abatement for equipment at a confined feeding operation used for the anaerobic digestion of manure or the control of odors ("confined feeding equipment"). Provides that transactions involving confined feeding equipment are exempt from the state gross retail tax under certain circumstances. Establishes state tax liability credits for investments in confined feeding equipment and biodiesel facilities. Includes an organic waste biomass conversion facility in the definition of an alternate energy production facility. Establishes a utility receipts tax credit for a taxpayer that purchases electricity for resale at retail from an individual or entity that operates an organic waste biomass conversion unit and generates the electricity from the unit. Requires the DOA to implement a voluntary certified livestock producer program to provide incentives and recognition for producers who use innovative environmental, animal health, and general management practices. Establishes a biomass grant program administered by the office of energy and defense development to provide grants to defray part of the cost of installing certain biomass energy projects. Applies certain provisions of the act to pending confined feeding projects. Makes conforming amendments.
    Current Status:
     In Conference Committee
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