Indiana 2023 Regular Session

Indiana Senate Bill SB0091 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 91
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 13-18-10.7.
7	7	Synopsis: Annual inspection of CFOs. Requires the owner or operator
8	8	of a confined feeding operation (CFO, which is defined as an animal
9	9	feeding operation having at least 300 cattle, 600 swine or sheep, 30,000
10	10	fowl, or 500 horses) to annually submit to the department of
11	11	environmental management (department) a report concerning the
12	12	operation of the CFO and any satellite manure storage structure
13	13	associated with the CFO. Requires the department, after receiving a
14	14	report concerning a CFO, to conduct an onsite inspection of the CFO
15	15	to verify the information contained in the report. Requires the
16	16	environmental rules board to adopt rules that: (1) adopt a form to be
17	17	used by owners or operators of CFOs in submitting annual reports; (2)
18	18	specify the information concerning a CFO that must be contained in an
19	19	annual report; and (3) provide for the performance by the department
20	20	of annual inspections of CFOs.
21	21	Effective: July 1, 2023.
22	22	Niemeyer
23	23	January 9, 2023, read first time and referred to Committee on Agriculture.
24	24	2023 IN 91—LS 6262/DI 55 Introduced
25	25	First Regular Session of the 123rd General Assembly (2023)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2022 Regular Session of the General Assembly.
35	35	SENATE BILL No. 91
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning
37	37	environmental law.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 13-18-10.7 IS ADDED TO THE INDIANA CODE
40	40	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
41	41	3 JULY 1, 2023]:
42	42	4 Chapter 10.7. Confined Feeding Operations; Annual Report and
43	43	5 Inspection
44	44	6 Sec. 1. (a) After December 31, 2023, the owner or operator of a
45	45	7 confined feeding operation shall annually submit to the department
46	46	8 a report concerning the operation of the confined feeding operation
47	47	9 and any satellite manure storage structure associated with the
48	48	10 confined feeding operation.
49	49	11 (b) A report submitted under this section:
50	50	12 (1) must be prepared on a form adopted by the board; and
51	51	13 (2) must contain the information specified by the board;
52	52	14 under section 4 of this chapter.
53	53	15 (c) The owner or operator of a confined feeding operation shall
54	54	16 submit a report under this section each year no later than the date
55	55	17 specified by the department under section 2 of this chapter.
56	56	2023 IN 91—LS 6262/DI 55 2
57	57	1 Sec. 2. The department shall annually:
58	58	2 (1) specify; and
59	59	3 (2) provide at least thirty (30) days advance notice to the
60	60	4 owner or operator of a confined feeding operation of;
61	61	5 the date by which a report required by section 1 of this chapter
62	62	6 concerning the confined feeding operation must be submitted to the
63	63	7 department.
64	64	8 Sec. 3. (a) After receiving a report required by section 1 of this
65	65	9 chapter concerning a confined feeding operation, the department
66	66	10 shall conduct an onsite inspection of the confined feeding operation
67	67	11 and any satellite manure storage structure associated with the
68	68	12 confined feeding operation to verify the information contained in
69	69	13 the report.
70	70	14 (b) The department shall notify the owner or operator of a
71	71	15 confined feeding operation of the date on which the department
72	72	16 intends to conduct an onsite inspection under this section. The
73	73	17 department shall provide notification under this subsection at least
74	74	18 thirty (30) days before the intended date of the inspection.
75	75	19 (c) Upon arriving at a confined feeding operation to conduct an
76	76	20 onsite inspection, the officer, employee, or authorized
77	77	21 representative of the department shall, if possible, present the
78	78	22 credentials of the officer, employee, or authorized representative
79	79	23 for inspection by the owner or operator of the confined feeding
80	80	24 operation or an employee or agent of the owner or operator.
81	81	25 (d) An onsite inspection of a confined feeding operation must be
82	82	26 conducted in compliance with any biosecurity procedures
83	83	27 developed by the department in consultation with:
84	84	28 (1) the state board of animal health; or
85	85	29 (2) the owner or operator of the confined feeding operation.
86	86	30 (e) The officer, employee, or authorized representative of the
87	87	31 department conducting an onsite inspection under this section:
88	88	32 (1) may enter:
89	89	33 (A) the premises of the confined feeding operation;
90	90	34 (B) the premises of any satellite manure storage structure
91	91	35 associated with the confined feeding operation; and
92	92	36 (C) any other location where:
93	93	37 (i) records concerning the confined feeding operation
94	94	38 must be kept under the terms and conditions of the
95	95	39 approval obtained for the confined feeding operation
96	96	40 under IC 13-18-10; or
97	97	41 (ii) records concerning the satellite manure storage
98	98	42 structure must be kept under the terms and conditions of
99	99	2023 IN 91—LS 6262/DI 55 3
100	100	1 the approval obtained for the satellite manure storage
101	101	2 structure under IC 13-18-10.5;
102	102	3 (2) may have access to and inspect any records referred to in
103	103	4 subdivision (1)(C); and
104	104	5 (3) may inspect:
105	105	6 (A) any facilities or equipment;
106	106	7 (B) any waste management system or other system; and
107	107	8 (C) any practices;
108	108	9 used in operating the confined feeding operation.
109	109	10 Sec. 4. (a) Before January 1, 2024, the board shall adopt rules
110	110	11 under IC 4-22-2 and IC 13-14-9 to implement this chapter.
111	111	12 (b) The rules adopted under this section must do the following:
112	112	13 (1) Adopt a form to be used in submitting reports under
113	113	14 section 1 of this chapter.
114	114	15 (2) Specify the information concerning a confined feeding
115	115	16 operation that must be contained in a report submitted under
116	116	17 section 1 of this chapter, including:
117	117	18 (A) whether the confined feeding operation:
118	118	19 (i) was constructed or expanded; and
119	119	20 (ii) is being maintained and operated;
120	120	21 in compliance with all terms and conditions of the
121	121	22 approval obtained by the owner or operator of the
122	122	23 confined feeding operation under IC 13-18-10;
123	123	24 (B) whether any satellite manure storage structure
124	124	25 associated with the confined feeding operation:
125	125	26 (i) was constructed or expanded; and
126	126	27 (ii) is being maintained and operated;
127	127	28 in compliance with all terms and conditions of the
128	128	29 approval obtained by the owner or operator of the satellite
129	129	30 manure storage structure under IC 13-18-10.5;
130	130	31 (C) whether the owner or operator of the confined feeding
131	131	32 operation is complying with the manure management plan
132	132	33 submitted to the department under 327 IAC 19-7-5; and
133	133	34 (D) whether the owner or operator of the confined feeding
134	134	35 operation is taking all reasonable steps to prevent,
135	135	36 minimize, or correct any adverse effect on the environment
136	136	37 resulting from noncompliance with:
137	137	38 (i) the approval obtained for the confined feeding
138	138	39 operation under IC 13-18-10; or
139	139	40 (ii) IC 13-18-10, IC 13-18-10.5, or any water pollution
140	140	41 control laws.
141	141	42 (3) Provide for the performance by the department of annual
142	142	2023 IN 91—LS 6262/DI 55 4
143	143	1 inspections of confined feeding operations as provided in
144	144	2 section 3 of this chapter.
145	145	2023 IN 91—LS 6262/DI 55