BILL REQ. #:  S-1614.1 

Read first time 02/16/2005.   Referred to Committee on Agriculture & Rural Economic Development.

     AN ACT Relating to proper management of livestock mortalities; adding a new section to chapter 16.68 RCW; creating a new section; repealing RCW 16.68.020; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that federal rule, 40 C.F.R. Sec. 122.42, requires concentrated animal feeding operations have as a part of their nutrient management plans a component that ensures proper management of mortalities and that these plans be developed and implemented by December 31, 2006. If this deadline is not met, the operations may be subject to fines for failure to comply with this requirement.
     The legislature finds that currently there is no clear direction in state policy as to what will be considered proper management. The legislature finds that conflicts presently exist between statutes, the administrative code, and agency policies. Further, the legislature finds that one agency should be designated as having final authority in the state to determine what measures constitute proper management of mortalities. Rules that establish what constitutes proper management need to be developed with sufficient lead time so that the requirements can be incorporated into livestock nutrient management plans and be implemented by the federally established deadline.

NEW SECTION.  Sec. 2   A new section is added to chapter 16.68 RCW to read as follows:
     The department of agriculture shall develop rules to assure the proper management of all nonemergency livestock carcass disposals in the state to fulfill the requirement of 40 C.F.R. Sec. 122.42. The department shall adopt these rules in consultation with the department of ecology, the department of health, and other applicable regulatory entities. The rule adopted under this section shall be the exclusive state requirement to meet 40 C.F.R. Sec. 122.42(1)(ii). The department shall adopt emergency rules to implement this section by August 30, 2005.

NEW SECTION.  Sec. 3   RCW 16.68.020 (Duty to bury carcass of diseased animal -- Dead animal presumed diseased) and 1949 c 100 s 2 are each repealed.

NEW SECTION.  Sec. 4   Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.

NEW SECTION.  Sec. 5   Section 3 of this act takes effect August 30, 2005.