HCS HB 1177 -- CONCENTRATED ANIMAL FEEDING OPERATIONS

SPONSOR:  Myers (Guest)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Agriculture by a vote of 21 to 2.

This substitute modifies the statutes on concentrated animal
feeding operations (CAFO) making Missouri's regulations
consistent with federal regulations.  The substitute:

(1)  Requires the Missouri Clean Water Commission to promulgate
rules regulating the establishment, permitting, design,
construction, operation, and management of a Class I CAFO;

(2)  Requires that regulatory or local controls imposed by any
form of local government concerning the establishment,
permitting, design, construction, operation, and management of a
Class I CAFO must be consistent with the provisions of the
substitute.  Local governing bodies, however, may impose stricter
controls if those controls are recommended by the board of the
respective local soil and water conservation district and based
on empirical peer-reviewed scientific and economic data that
clearly documents the need and cost-effectiveness of the more
restrictive controls;

(3)  Permits the Department of Natural Resources to designate an
animal feeding operation as a CAFO if it is determined to be a
significant contributor of pollutants to the waters of the state;

(4)  Clarifies that the terms "point source" and "water
contaminant source" as defined for the purposes of the Missouri
Clean Water Law are not to include agricultural storm water
discharges and return flows from irrigated agriculture; and

(5)  Clarifies that the term "discharge" as defined for the
purpose of the Missouri Clean Water Law is not to include an
accidental release of contaminants confined entirely upon the
owner's land and the contaminants are removed so that limitations
set in the law are not exceeded.

FISCAL NOTE:  No impact on General Revenue Fund.  Estimated Net
Effect on Other State Funds of an income of $150 in FY 2005, a
cost of $9,000 in FY 2006, and $0 in FY 2007.

PROPONENTS:  Supporters say that the bill places Missouri in
compliance with federal guidelines and includes the
recommendations from the Governor's Task Force on Agriculture.

Testifying for the bill were Representative Guest; Dale
Whiteside; Missouri Pork Association; Missouri Farm Bureau;
Missouri Cattlemens Association; Missouri Ag Industries Council,
Inc.; Missouri Dairy Association; Missouri Egg Producers; and
Missouri Poultry Federation.

OPPONENTS:  Those who oppose the bill say that the current law
works well; and local county control of concentrated animal
feeding operations and animal feeding operations is essential to
protect human health, quality of life, property values, and water
quality.

Testifying against the bill were Department of Natural Resources;
Eva Danner, Livingston County Commissioner; Missouri Farmers
Union; and Sierra Club.

Roland Tackett, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am