PRIOR PRINTER'S NO. 1428 PRINTER'S NO. 1538
No. 91 Session of 1997
INTRODUCED BY JUBELIRER, MOWERY, HELFRICK, GERLACH, CORMAN,
COSTA, MURPHY, SLOCUM, AFFLERBACH AND LEMMOND,
OCTOBER 24, 1997
SENATOR WENGER, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED,
DECEMBER 9, 1997
A RESOLUTION
1 Creating an Agriculture Development Advisory Board to review and
2 adopt, based on recommendations by the Secretary of
3 Agriculture and the Secretary of Environmental Protection, a
4 manual of standards addressing the management and processes
5 by which Pennsylvania livestock producers operate their
6 farms; and directing the Center for Rural Pennsylvania STATE <--
7 CONSERVATION COMMISSION to assist the advisory board.
8 WHEREAS, Agriculture is this Commonwealth's number one
9 industry and a major economic force in rural Pennsylvania; and
10 WHEREAS, Livestock intensive operations have been in
11 existence for several years and are now being proposed in
12 additional counties where residents have expressed health,
13 safety and nutrient management concerns; and
14 WHEREAS, This Commonwealth would greatly benefit from
15 Statewide guidelines and clearly defined areas of responsibility <--
16 for State and local officials when deciding safe and acceptable
17 methods for locating, constructing and maintaining livestock
18 intensive operations; therefore be it
19 RESOLVED, That the Senate, in conjunction with the Governor,
1 create an Agriculture Development Advisory Board consisting of
2 15 members, including:
3 (1) one member appointed by the President pro tempore of
4 the Senate;
5 (2) one member appointed by the Minority Leader of the
6 Senate;
7 (3) the Secretary of Agriculture or the secretary's
8 designee;
9 (4) the Secretary of Environmental Protection or the
10 secretary's designee;
11 (5) the Secretary of Health or the secretary's designee;
12 (6) the Secretary of Community and Economic Development
13 or the secretary's designee;
14 (7) nine members appointed by the Governor and composed
15 of one representative from each of the following:
16 (i) the Pennsylvania Farm Bureau;
17 (ii) the Pennsylvania State Grange;
18 (iii) the State Conservation Commission;
19 (iv) the Pennsylvania Farmers Union;
20 (v) the Pennsylvania Environmental Council;
21 (vi) the Local Government Commission;
22 (vii) the USDA Natural Resources and Conservation
23 Service;
24 (viii) the Pennsylvania Bankers Association; and
25 (ix) the Pennsylvania agricultural industries.
26 When necessary, the Agriculture Development Advisory Board shall
27 draw expertise extensively, but not exclusively, from the
28 College of Agricultural Sciences of The Pennsylvania State
29 University; the School of Veterinary Medicine at the University
30 of Pennsylvania; the Governor's Action Team; the Pennsylvania
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1 Emergency Management Agency; the Bureau of Environmental Quality
2 of the Department of Transportation; the Nutrient Management
3 Advisory Board; THE CENTER FOR RURAL PENNSYLVANIA; and others, <--
4 as appropriate; and be it further
5 RESOLVED, That the Department of Agriculture and the
6 Department of Environmental Protection, prior to the first
7 meeting of the Agriculture Development Advisory Board, shall
8 compile a checklist of existing permit requirements of Federal,
9 State or local authorities for siting, constructing and
10 maintaining livestock intensive operations; and be it further
11 RESOLVED, That the Department of Agriculture and the
12 Department of Environmental Protection, prior to the first
13 meeting of the Agriculture Development Advisory Board, shall
14 review and document animal agricultural trends in this
15 Commonwealth and shall review and document existing laws and
16 regulations relating to livestock intensive operations; and be
17 it further
18 RESOLVED, That the Department of Agriculture and the
19 Department of Environmental Protection, prior to the first
20 meeting of the Agriculture Development Advisory Board, shall
21 develop a draft "Best Management Practices Manual" for livestock <--
22 intensive operations, including recommendations and guidelines
23 concerning, but not limited to, TO IDENTIFY ECONOMICALLY AND <--
24 TECHNOLOGICALLY FEASIBLE AND ENVIRONMENTALLY EFFECTIVE PRACTICES
25 SUGGESTED FOR LIVESTOCK INTENSIVE OPERATIONS TO PROTECT THE
26 HEALTH, SAFETY AND NATURAL RESOURCES OF LOCAL COMMUNITIES,
27 INCLUDING, WHERE APPROPRIATE, RECOMMENDATIONS AND GUIDELINES
28 CONCERNING the following subjects:
29 (1) environmental impact considerations, including air
30 quality, water quality and nutrient application based on soil
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1 types;
2 (2) setback considerations for streams, cemeteries,
3 residential property, parks, recreational areas and utility <--
4 lines; RESIDENTIAL AND COMMERCIAL PROPERTY, PARKS AND <--
5 RECREATIONAL AREAS;
6 (3) transportation access and safety;
7 (4) bonding and insurance requirements applying to the
8 time the farm is operating and to the period after it ceases
9 operation;
10 (5) limitations due to floodplains;
11 (6) emergency preparedness and response; and <--
12 (7) AVAILABLE AND EMERGING ODOR CONTROL METHODS AND <--
13 TECHNOLOGY;
14 (8) ALTERNATIVE USES OF ANIMAL WASTE SUCH AS ENERGY
15 PRODUCTION; AND
16 (7) (9) other relevant community concerns; and be it <--
17 further
18 RESOLVED, That the Agriculture Development Advisory Board
19 shall review the findings of the Department of Agriculture and
20 the Department of Environmental Protection and the departments'
21 "Best Management Practices Manual" draft, shall make any
22 necessary APPROPRIATE changes to the manual AFTER FURTHER <--
23 CONSIDERATION OF THE ECONOMIC AND TECHNOLOGICAL FEASIBILITY AND
24 ENVIRONMENTAL EFFECTIVENESS OF THE RECOMMENDATIONS AND
25 GUIDELINES CONTAINED IN THE DRAFT and shall ensure that all
26 required subject matter is contained in the manual as well as
27 any other information determined to be necessary by the advisory
28 board and, upon completion of its review, shall adopt a final
29 version of the "Best Management Practices Manual" for livestock
30 intensive operations; and be it further
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1 RESOLVED, That the Department of Agriculture shall develop a
2 model for community dispute resolution which may be utilized by
3 local communities to assist in resolving differences that may
4 arise over the siting of livestock intensive operations; and be
5 it further
6 RESOLVED, That The Pennsylvania State University, in
7 consultation with the Agriculture Development Advisory Board,
8 shall develop a management certification course to WHICH MAY be <--
9 completed by operators of livestock intensive operations. The
10 course should include, but not be limited to: environmental
11 awareness, appropriate manure hauling and application
12 techniques, proper animal care and a complete review of the <--
13 Nutrient Management Act requirements; and be it further
14 RESOLVED, That the Agriculture Development Advisory Board
15 shall present the final version of the manual, as well as any
16 other findings, to the Governor and the Senate as soon as
17 possible, but not later than one year after the adoption of this
18 resolution; and be it further
19 RESOLVED, That the Center for Rural Pennsylvania STATE <--
20 CONSERVATION COMMISSION shall provide sufficient staff and other
21 administrative support to assist the Agriculture Development
22 Advisory Board; AND BE IT FURTHER <--
23 RESOLVED, THAT FOR PURPOSES OF THIS RESOLUTION, LIVESTOCK
24 INTENSIVE OPERATIONS INCLUDES AGRICULTURAL OPERATIONS IN WHICH
25 THE AVERAGE ANIMAL DENSITY EXCEEDS TWO ANIMAL EQUIVALENT UNITS
26 PER ACRE OF CROPLAND OR ACRE SUITABLE FOR APPLICATION OF ANIMAL
27 MANURE ON AN ANNUALIZED BASIS, AND THE ADVISORY BOARD, THE
28 SECRETARY OF AGRICULTURE AND THE SECRETARY OF ENVIRONMENTAL
29 PROTECTION SHALL UTILIZE THE TABLE CONTAINED IN 25 PA.CODE §
30 83.262 IN CALCULATING THE NUMBER OF ANIMAL EQUIVALENT UNITS.
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