S T A T E O F N E W Y O R K
________________________________________________________________________
3750
2011-2012 Regular Sessions
I N A S S E M B L Y
January 27, 2011
___________
Introduced by M. of A. ENGLEBRIGHT -- 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.
LBD07485-01-1
A. 3750 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.