S T A T E   O F   N E W   Y O R K
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                                  2927

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, COLTON -- read once and referred to
  the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation  to  estab-
  lishing a concentrated animal feeding operation board

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The agriculture and markets law is amended by adding a  new
article 26-C to read as follows:
                              ARTICLE 26-C
               CONCENTRATED ANIMAL FEEDING OPERATION BOARD
SECTION 420. CONCENTRATED ANIMAL FEEDING OPERATION BOARD.
  S 420. CONCENTRATED ANIMAL FEEDING OPERATION BOARD. 1. THERE IS HEREBY
CREATED THE CONCENTRATED ANIMAL FEEDING OPERATION BOARD. THE BOARD SHALL
CONSIST OF SEVEN MEMBERS. THE MEMBERS OF THE BOARD SHALL BE APPOINTED BY
THE  COMMISSIONER AS FOLLOWS: ONE UPON THE RECOMMENDATION OF THE COMMIS-
SIONER OF ENVIRONMENTAL CONSERVATION, ONE UPON THE RECOMMENDATION OF THE
DEAN OF THE CORNELL UNIVERSITY SCHOOL OF AGRICULTURE AND LIFE  SCIENCES,
AND  FIVE  MEMBERS SHALL BE PRIVATE STAKEHOLDERS REPRESENTING THE INTER-
ESTS OF CONCENTRATED ANIMAL FEEDING  OPERATION  REGULATED  FARM  OWNERS,
NUTRIENT MANAGEMENT PLANNERS OR SPECIALISTS, AND MEMBERS OF THE ENVIRON-
MENTAL  COMMUNITY. A CHAIR AND VICE-CHAIR OF SUCH BOARD SHALL BE ELECTED
BY A MAJORITY VOTE OF THE  MEMBERS.  THE  MEMBERS  OF  THE  BOARD  SHALL
RECEIVE  NO  COMPENSATION  FOR  THEIR  SERVICES  AS MEMBERS BUT SHALL BE
ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES  INCURRED  BY  THEM  IN  THE
PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS ARTICLE.
  2.  THE  BOARD,  IN CONJUNCTION WITH THE DEPARTMENT, THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION AND THE CORNELL UNIVERSITY SCHOOL OF AGRICUL-
TURE AND LIFE SCIENCES, SHALL COLLECT DATA AND STUDY NUTRIENT MANAGEMENT
SYSTEMS ON FARMS WITH BETWEEN THREE HUNDRED AND NINE HUNDRED NINETY-NINE
ANIMAL UNITS (AU), AND WHICH ARE CONSIDERED CONCENTRATED ANIMAL  FEEDING
OPERATION  FARMS  UNDER GENERAL PERMIT GP-99-01. THE STUDY SHALL MEASURE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06156-01-9
              

A. 2927                             2

BOTH THE NUTRIENT MANAGEMENT CAPABILITIES OF THE MANAGEMENT  SYSTEM  AND
THE  ECONOMIC  VIABILITY  OF  THE  MANAGEMENT SYSTEM AND OPERATIONS. THE
EFFECTIVENESS OF THE NUTRIENT MANAGEMENT SYSTEM SHALL BE MEASURED BY THE
NUTRIENT  UPTAKE  IN  THE  SOLID  PORTION OF MANURE SOLIDS, THE NUTRIENT
LEVELS IN THE LIQUID PORTION AND THE EFFECTIVENESS OF CREATING  A  CLEAN
WATER  DISCHARGE.  THE  ECONOMIC  VIABILITY  OF  THE NUTRIENT MANAGEMENT
SYSTEM SHALL BE MEASURED BY  THE  COST  OF  INSTALLATION,  THE  COST  OF
MANAGEMENT  AND  OPERATION,  AND  THE USEFULNESS OF THE SOLID AND LIQUID
PORTIONS PRODUCED IN THE MANAGEMENT  SYSTEM.  EACH  NUTRIENT  MANAGEMENT
SYSTEM SHALL BE STUDIED TO DETERMINE THE EFFECTIVENESS OF THE ABILITY TO
EFFECTIVELY MONITOR THE NUTRIENTS IN THE SYSTEM AND THE WATER QUALITY IN
THE SYSTEM.
  THE  BOARD  SHALL ALSO WORK IN CONJUNCTION WITH THE CORNELL UNIVERSITY
TURFGRASS DEPARTMENT AND THE CORNELL UNIVERSITY  URBAN  INTEGRATED  PEST
MANAGEMENT  PROGRAM TO COLLECT DATA ON THE EFFECTIVENESS OF THE NUTRIENT
MANAGEMENT SYSTEM TO  DEMONSTRATE  A  NUTRIENT  EXCHANGE  OF  THE  SOLID
PORTION  OF THE NUTRIENTS TO BE USED AS A SOIL CONDITIONER. FOR PURPOSES
OF THIS SECTION, A "NUTRIENT EXCHANGE" IS DEFINED  AS  THE  USE  OF  THE
SOLID  PORTION  OF NUTRIENTS FOR A NON-AGRICULTURAL USE AS A SOIL CONDI-
TIONER. THE SOLIDS SHALL BE  MEASURED  FOR  EFFECTIVENESS  AND  ECONOMIC
VIABILITY  ON TURF AREAS AS A SOIL CONDITIONER. THE EFFECTIVENESS OF THE
SOLIDS SHALL BE MEASURED FOR GROWTH POTENTIAL, NUTRIENT LEACHING PROPER-
TIES, DISEASE SUPPRESSION AND THATCH DECOMPOSITION. THE ECONOMIC VIABIL-
ITY OF THE SOLIDS AS A SOIL CONDITIONER SHALL BE MEASURED BY  PER  CUBIC
YARD COST AND FREIGHT COST.
  3.  THE BOARD SHALL APPOINT A NUTRIENT MANAGEMENT SPECIALIST TO ASSIST
CONCENTRATED ANIMAL FARMING OPERATION  REGULATED  FARMS  THROUGHOUT  THE
STATE WITH THE COMPLIANCE WITH THE CONCENTRATED ANIMAL FARMING OPERATION
REGULATIONS.    THE  NUTRIENT MANAGEMENT SPECIALIST SHALL ASSIST CONCEN-
TRATED ANIMAL FARMING OPERATION FARMS WITH  UNDERSTANDING  AND  CHOOSING
NUTRIENT MANAGEMENT OPTIONS THAT ARE EFFECTIVE AND ECONOMICALLY VIABLE.
  4.  THE  BOARD SHALL PREPARE AND SUBMIT A REPORT OF THE RESULTS OF THE
STUDY CONDUCTED PURSUANT TO THIS SECTION TO THE GOVERNOR AND THE  LEGIS-
LATURE NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.