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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2983 By: Hardin (David) of the House
and
Murdock of the Senate
COMMITTEE SUBSTITUTE
An Act relating to agriculture; amending 2 O.S. 2021,
Sections 10-9.7 and 10-9.19, which relate to poultry
Nutrient Management Plans; requiring Nutrient
Management Plans to include latitude an d longitude;
requiring all Nutrient Manag ement Plans submitted
after a certain date to be prepared by the operator
or designee of the operat or; providing that
amendments to Nutrient Management Plans shall state
that no changes in the Oklahoma Department of
Agriculture, Food, and Forestry -promulgated standards
have occurred since last Nutrient Management Plan ;
requiring Nutrient Management Plan s to conform to the
Department's standards for land application for
poultry waste as promulgated by rules; requiring the
Department to promulgate emergency rules to implement
the requirements and standards as required by this
act; providing for nonco dification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 10 -9.7, is
amended to read as follows:
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Section 10-9.7 A. All poultry feeding operat ions shall utilize
Best Management Practices and shall meet the cond itions and
requirements established by subsection B of this section and by
rules promulgated by the State Board of Agriculture pursuant to the
Oklahoma Registered Poultry Feeding Operation s Act.
B. The criteria for Best Management Practices shall be
promulgated by rules by t he Board and shall include, bu t not be
limited to, the following:
1. There shall be no discharge of poultry waste to waters of
the state;
2. Stored poultry waste shal l be isolated from outside surface
drainage by covers, ditches, dike s, berms, terraces o r other such
structures;
3. No waters of the state shall come into direct contact with
the poultry confined on the poultry feeding operation;
4. Poultry waste handlin g, treatment, management, and removal
shall:
a. not create an enviro nmental or a public health hazard,
b. not result in the contamination of waters of the
state, and
c. conform to such other handling, treatment and
management and removal requirements deeme d necessary
by the Oklahoma Department of Agriculture, Food, and
Forestry to implement t he Oklahoma Registered Poultry
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Feeding Operations Act and rules promulgated pursuant
thereto.
The rules promulgated by the Board pursuant to this section
shall provide for exceptions to the storage requirements for poultry
waste in emergency situations. S uch exceptions shall include b ut
not be limited to allowing a contract poultry grower to take such
actions as are necessary to meet requirements imposed on a grower by
an integrator. In such situations growers shall be required to take
all actions feasible to prevent pollution from st ored poultry waste.
C. Every poultry feeding operation shall have a Nutrient
Management Plan which shall include at a minimum:
1. A description of poultry waste handling procedures and
availability of equipment and type of equipment to be used;
2. The calculations and assumptions used for determining land-
application rates if land application is applicable;
3. All nutrient analysis data for soil and poultry waste
testing;
4. Legal description and latitude and longitude of lands to be
used by an operation for land application;
5. Land-application rates of pou ltry waste shall be based o n
the available nitrogen and phosphorous content of t he poultry waste
and shall provide controls for runoff and e rosion as appropriate for
site conditions;
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6. The procedures documented in the Nutrient Management Plan
shall ensure that the handling and uti lization of poultry waste
complies with the following requirements:
a. adequate poultry waste storage shall be pr ovided
consistent with rules promulgated by th e Oklahoma
Department of Agriculture, Food, and Forestry pursuant
to subsection B of this section ,
b. poultry waste shall not be applied to land when the
ground is saturated or during rainfall events.
Poultry waste shall not be applied to land when the
ground is frozen except in conformance with the
Nutrient Management Plan ,
c. poultry waste shall on ly be applied to suitable land
at appropriate times a nd rates. Discharge or runoff
of waste from the application site is prohibited.
Timing and rate of appli cations shall be based on
assimilation capacity of the soil profile, a ssuming
usual nutrient losses, expected precipitation, and
soil conditions, and
d. poultry waste application shall be prohibited on land
subject to excessive erosion;
7. Records shall be maintained of all poultry wastes applied on
land owned or controlled by the operator, and sold or given to other
persons:
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a. if the poultry waste is sold or given to other persons
for land application or othe r use, the poultry feeding
operation shall maintain a log of: date of removal
from the poultry feeding operation; na me of recipient
the poultry waste is sold or given to; and amount in
wet tons, dry tons or cubic yards of poultry waste
removed from the pou ltry feeding operation, and
b. the poultry feeding operation shall make available to
the recipient any nutrient samp le analysis from that
year;
8. Any analysis required by the provisions of the O klahoma
Registered Poultry Feeding Operations Act or rules p romulgated
thereto shall be performed by a qua lified environmental testing
laboratory certified by the Department of Environmental Quality and
approved by the Oklahoma Department of Agriculture, F ood, and
Forestry; and
9. Such other information deemed nec essary by the Oklahoma
Department of Agricultu re, Food, and Forestry to administer the
provisions of the Oklahoma Re gistered Poultry Feeding Op erations Act
and rules promulgated pursuant thereto.
D. 1. The Nutrient Management Plan for new or expanding
poultry feeding operations submitted after the effective date of
this act July 1, 1998, shall be prepared by the opera tor or designee
of the operator.
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2. After the plan is submitted to the Oklahoma Department of
Agriculture, Food, and Forestry for review and approval i f the
Department determines that a submitted plan needs or requires any
corrections or modifications, the Department shall return the
Nutrient Management Plan to the operator for corrections.
3. For a renewal, if the Department determines the Nutrient
Management Plan needs or requires corrections or modifications, the
Department shall make any and all appropriate corrections, app rove
the plan and notify the poultry feeding operation of the
modifications.
E. 1. Except as otherwise provided in this subse ction, a
Nutrient Management Plan for every poultry feeding operation shall
be renewed and an updated plan shall be submitted to the Oklahoma
Department of Agriculture, Food, and Forestry every six (6) years
from the date the initial or previous plan was s ubmitted.
2. The operator shall have the op tion to submit the renewed or
updated plan through the Dep artment's website or a prin table online
form designed by the Department.
3. A current operator may submit a one-page amendment to the
most recently submitted plan in lieu of a renewal plan through the
Department's website, if applicable. Poultry feeding operations
submitting an amendment pursuant to this subsection shall still be
subject to the soil and poultry waste testing requirements under
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subsections F and G of this section. The amendment sha ll contain
the following statements:
a. no changes in the waste utilization Department's
promulgated standards for land application of pou ltry
waste have occurred since the most recently submitted
Nutrient Management Plan,
b. there has been no change to th e number of poultry
housed since the most recently submitt ed Nutrient
Management Plan,
c. there has been no expansion in the poultry feedi ng
operation since the most recently submitted Nutrient
Management Plan, and
d. the entirety of the poultry waste is:
(1) removed off-site as provided in the poultry
feeding operation's annual report, as required by
subsection J of this section, and will c ontinue
to be removed off-site for the next six (6)
years, or
(2) land-applied and will continue to be land -applied
for the next six (6) years.
F. Every poultry feeding operat ion located in a non-nutrient-
limited watershed and non-nutrient-vulnerable groundwaters shall
perform soil testing on each land-application area and poultry waste
testing at least once every three (3) years to determine:
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1. Soil pH and plant-available nutrients including, at a
minimum, nitrogen, phosphorous and potassium;
2. Poultry waste nutrient concentrations and moisture; and
3. Application rate based upon current United States Department
of Agriculture Natural Resources Conservation Service Waste
Utilization Standards, unles s the Oklahoma Department of
Agriculture, Food, an d Forestry approves other standards the
Department's standards for land application for poultry waste as
promulgated by rules.
G. Every poultry feeding operation located in a nut rient-
limited watershed and nutrient-vulnerable groundwater s hall perform
an annual soil test on each land-application area prior to the first
application of the calen dar year. Poultry waste testing shall be
performed annually prior to the first applicati on of the calendar
year. Soil and poultry waste testing shal l be performed to
determine:
1. Soil pH and plant-available nutrients including at least
nitrogen, phosphorous and potassium;
2. Poultry waste nutrient concentrations and moisture; and
3. Application rate based upon current United States Department
of Agriculture Natural Resources Conservation Service Waste
Utilization Standards, unless the Oklahoma Department of
Agriculture, Food, and F orestry approves other standards the
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Department's standard s for land application of p oultry waste as
promulgated by rules .
H. 1. Soil and poultry waste analysis data shall be retained
by the poultry feeding operation for a minimum of six (6) years.
2. All soil and poultry waste analysis data shall be dated
prior to land application.
I. 1. Poultry feeding operations shall dev elop a plan for the
disposal of carcasses associated with normal m ortality.
2. In the event there is an outbreak of a major disea se or
other emergency resulting in deaths significantly higher than normal
mortality rates, the Oklahoma Department of Agricul ture, Food, and
Forestry may approve, in writing, an alternate met hod of disposal of
carcasses or the storage of poultry waste dur ing the emergency
period.
J. Every poultry feeding operation shall file by September 1 of
each year an annual report with the Department regarding all poultry
waste removed from or land-applied by the facility for the period
from July 1 of the previous ye ar through June 30 of that year. The
report shall contain the following information:
1. The date and amount of poultry waste removed from or land-
applied at the facility;
2. The type of poultry waste removed or land -applied, whether a
cake out, full clean out, in-house windrow or compost, poultry waste
stack shed, or other type;
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3. The county and, if applicable, the name of t he Nutrient
Limited Watershed where the poultry waste was produced ; and
4. The location where the poultry waste is removed to:
a. if land-applied on-site, provide the following:
(1) the date of the land application,
(2) the total amount of poultry waste l and-applied in
wet tons, dry tons, or cubic yards,
(3) the name, mailing address, and telephone number
of the poultry waste applic ator, and
(4) the number of acres under the control of the
poultry feeding operation for land application of
poultry waste, or
b. if removed off-site, provide the following:
(1) the date of the removal off-site,
(2) the amount of poultry waste removed in w et tons,
dry tons, or cubic yards,
(3) the name, mailing address, and telephone numbe r
of the person the poultry waste is sold or
transferred to,
(4) the name, mailing address, telephone numbe r, and
poultry waste applicator license number of the
poultry waste applicator, if known, and
(5) the name, mailing address, and telephone number
of the hauler of the poultry waste.
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SECTION 2. AMENDATORY 2 O.S. 2021, Section 10 -9.19, is
amended to read as follows:
Section 10-9.19 1. Prior to any land application of poultry
waste by a certified poultry waste applicator, the a pplicator shall
obtain the most recent soil and poult ry waste tests as required by
the Oklahoma Poultry Was te Applicators Certification Act.
2. Land application of poultr y waste in a non-nutrient-limited
watershed and non-nutrient-vulnerable groundwaters shall not be made
at any rate which exceeds the most recently published United States
Department of Agriculture Natural Resources Conservation Service
Waste Utilization Standards Department's promulgated standards for
land application of poultry waste.
3. The Oklahoma Department of Agriculture, Food, and Fo restry
may promulgate rules pursuant to the Administrative Pro cedures Act
which will prohibit the land application of poultry waste in
nutrient-limited watersheds and nutrient -vulnerable groundwaters
based upon lower soil phosphorous levels than are allowe d in this
section for non-nutrient-limited watersheds and non -nutrient-
vulnerable groundwaters.
SECTION 3. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The Oklahoma Department of Agricul ture, Food, and Forestry shall
promulgate emergency rules to implement the requirements and
standards required by the above sections.
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SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and af ter its passage and approv al.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT,
dated 02/16/2022 - DO PASS, As Amended and Coauthored.