LIVESTOCK COMPOSTING - S.B. 1093 (S-1): FLOOR ANALYSIS

Senate Bill 1093 (Substitute S-1 as reported)

Sponsor: Senator George A. McManus, Jr.

Committee: Farming, Agribusiness, and Food Systems

CONTENT

The bill would amend Public Act 239 of 1982 (which regulates dead animal dealers and rendering plants as well as the disposal of dead animals, and provides for poultry composting) to do the following:

-- Require a composting facility to follow standards contained in a Michigan State University extension staff paper, as specified in the bill.

-- Permit the processing of dead animals at composting structures that were used for composting organic material and dead livestock but not poultry.

-- Require a composting structure to be used only for the normal and natural daily mortality associated with a livestock production unit.

-- Permit the Director of the Department of Agriculture to inspect a composting structure.

-- Require any increase in mortality to be reported immediately to the Director and provide that carcasses resulting from an increase could not be added to a composting structure without the Director's permission.

-- Permit the Director to authorize alternative methods of composting livestock or poultry for emergency, commercial, research, or other applications.

-- Permit a person aggrieved by a departmental order to request a hearing under the Administrative Procedures Act, and permit the Director, after the opportunity for a hearing, to impose an administrative fine of up to $1,000 for each violation.

-- Permit the Director to bring a civil action through the Attorney General for a violation of the Act or a rule promulgated under it, and establish a fine of up to $5,000 for each violation.

MCL 287.653 et al. - Legislative Analyst: L. Arasim

FISCAL IMPACT

The bill would have a minimal fiscal impact on State and local government due to increased revenue from civil fines, and greater enforcement authority.

Date Completed: 5-15-98 - Fiscal Analyst: G. Cutler

floor\sb1093 - Analysis available @ http://www.michiganlegislature.org

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.