GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 1033

 
 
Short Title:	Animal Waste Moratoria and Study.	()	
Sponsors:	Senator Albertson.	
Referred to:	Agriculture/Environment/Natural Resources.	
April 5, 2001

A BILL TO BE ENTITLED
AN ACT to EXTEND the MORATORIA ON THE CONSTRUCTION OR EXPANSION OF SWINE FARMS, to study FUNDING OPTIONS to improve animal waste management systems, and to PLAN the DEVELOPment of MARKETS FOR BY-PRODUCTS OF ANIMAL WASTE MANAGEMENT SYSTEMS.

The General Assembly of North Carolina enacts:
SECTION 1.  Subsection (a1) of S.L. 1997‑458, as amended by Section 2 of S.L. 1998‑188 and Section 2.1 of S.L. 1999‑329, reads as rewritten:
"(a1)	There is hereby established a moratorium on the construction or expansion of swine farms and on lagoons and animal waste management systems for swine farms. The purposes of this moratorium are to allow counties time to adopt zoning ordinances under G.S. 153A‑340, as amended by Section 2.1 of this act; to allow time for the completion of the studies authorized by the 1995 General Assembly (1996 Second Extra Session); and to allow the 1999 General Assembly to receive and act on the findings and recommendations of those studies. Except as provided in subsection (b) of this section, the Environmental Management Commission shall not issue a permit for an animal waste management system for a new swine farm or the expansion of an existing swine farm for a period beginning on 1 March 1997 and ending on 1 September 2003. The construction or expansion of a swine farm or animal waste management system for a swine farm is prohibited during the period of the moratorium regardless of the date on which a site evaluation for the swine farm is completed and regardless of whether the animal waste management system is permitted under G.S. 143‑215.1 or Part 1A of Article 21 of Chapter 143 of the General Statutes or deemed permitted under 15A North Carolina Administrative Code 2H.0217."
SECTION 2.  Section 1.2 of S.L. 1997‑458, as amended by Section 3 of S.L. 1998‑188 and Section 2.2 of S.L. 1999‑329, reads as rewritten:
"Section 1.2. (a)	As used in this section, 'swine farm' and 'lagoon' have the same meaning as in G.S. 106‑802. As used in this section, 'animal waste management system' has the same meaning as in G.S. 143‑215.10B. There is hereby established a moratorium for any new or expanding swine farm or lagoon for which a permit is required under Article 21 of Chapter 143 of the General Statutes in any county in the State: (i) that has a population of less than 75,000 according to the most recent decennial federal census; (ii) in which there is more than one hundred fifty million dollars ($150,000,000) of expenditures for travel and tourism based on the most recent figures of the Department of Commerce; and (iii) that is not in the coastal area as defined by G.S. 113A‑103. Effective 1 January 1997, until 1 September 2003, the Environmental Management Commission shall not issue a permit for an animal waste management system, as defined in G.S. 143‑215.10B, or for a new or expanded swine farm or lagoon, as defined in G.S. 106‑802. The exemptions set out in subsection (b) of Section 1.1 of this act do not apply to the moratorium established under this section.
(b)	In order to protect travel and tourism, effective 1 September 2003, no animal waste management system shall be permitted except under an individual permit issued under Article 21 of Chapter 143 of the General Statutes in any county in the State: (i) that has a population of less than 75,000 according to the most recent decennial federal census; (ii) in which there is more than one hundred fifty million dollars ($150,000,000) of expenditures for travel and tourism based on the most recent figures of the Department of Commerce; and (iii) that is not in the coastal area as defined by G.S. 113A‑103."
SECTION 3.  The Legislative Research Commission may study ways to fund improvements in animal waste management systems. This study shall consider all of the following issues and any other issues the committee determines are relevant to its main charge:
(1)	How to fund the implementation of innovative animal waste management systems and animal waste management systems that have fewer or less severe environmental impacts than the most widely used animal waste management systems.
(2)	How to fund the closure of inactive animal waste lagoons that present a threat to public health or the environment.
(3)	How to fund the remediation of groundwater contamination, including providing alternative water supplies if any drinking water wells are found to be contaminated.
(4)	How to fund the remediation of other environmental damage directly related to animal waste management systems or animal operations.
SECTION 4.  The Department of Commerce shall, in consultation with the Department of Agriculture and Consumer Services, the Department of Environment and Natural Resources, the Department of Transportation, and the North Carolina Utilities Commission, develop a plan to identify and develop markets for by‑products of animal waste management systems. The Department of Commerce shall present the completed plan to the General Assembly and to the Environmental Review Commission no later than 1 May 2002.
SECTION 5.  This act is effective when it becomes law.