June 27, 2007, Introduced by Reps. Farrah, Alma Smith, Meadows, Bauer, Leland, Hammel, Vagnozzi, Bieda, Condino, Hammon, Polidori, Kathleen Law, Hopgood, Miller, David Law, Gaffney, Warren, LeBlanc, Coulouris, Johnson, Donigan, Accavitti, Melton and Constan and referred to the Committee on Agriculture.
A bill to amend 1981 PA 93, entitled
"Michigan right to farm act,"
by amending sections 2 and 4 (MCL 286.472 and 286.474), section 2
as amended by 1995 PA 94 and section 4 as amended by 1999 PA 261.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Adverse effects on the environment or public health"
means any unreasonable risk to human beings or the environment,
based on scientific evidence and taking into account the economic,
social, and environmental costs and benefits and specific
populations whose health may be adversely affected.
(b) "Commission" means the commission of agriculture.
(c) "Concentrated animal feeding operation" or "CAFO" means
that term as defined in R 323.2102(i) of the Michigan
administrative code.
(d) "Department" means the department of agriculture.
(e) "Director" means the director of the department or his or
her designee.
(f) (a)
"Farm" means the land,
plants, animals, buildings,
structures, including ponds used for agricultural or aquacultural
activities, machinery, equipment, and other appurtenances used in
the commercial production of farm products.
(g) (b)
"Farm operation" means
the operation and management of
a farm or a condition or activity that occurs at any time as
necessary on a farm in connection with the commercial production,
harvesting, and storage of farm products, and includes, but is not
limited to, all of the following:
(i) Marketing produce at roadside stands or farm markets.
(ii) The generation of noise, odors, dust, fumes, and other
associated conditions.
(iii) The operation of machinery and equipment necessary for a
farm including, but not limited to, irrigation and drainage systems
and pumps and on-farm grain dryers, and the movement of vehicles,
machinery, equipment, and farm products and associated inputs
necessary for farm operations on the roadway as authorized by the
Michigan
vehicle code, Act No. 300 of the Public Acts of 1949,
being
sections 257.1 to 257.923 of the Michigan Compiled Laws 1949
PA 300, MCL 257.1 to 257.923.
(iv) Field preparation and ground and aerial seeding and
spraying.
(v) The application of chemical fertilizers or organic
materials, conditioners, liming materials, or pesticides.
(vi) Use of alternative pest management techniques.
(vii) The fencing, feeding, watering, sheltering,
transportation, treatment, use, handling and care of farm animals.
(viii) The management, storage, transport, utilization, and
application of farm by-products, including manure or agricultural
wastes.
(ix) The conversion from a farm operation activity to other
farm operation activities.
(x) The employment and use of labor.
(h) (c)
"Farm product" means
those plants and animals useful
to human beings produced by agriculture and includes, but is not
limited to, forages and sod crops, grains and feed crops, field
crops, dairy and dairy products, poultry and poultry products,
cervidae, livestock, including breeding and grazing, equine, fish,
and other aquacultural products, bees and bee products, berries,
herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock,
trees and tree products, mushrooms, and other similar products, or
any other product which incorporates the use of food, feed, fiber,
or fur, as determined by the Michigan commission of agriculture.
(i) (d)
"Generally accepted
agricultural and management
practices"
means those practices as defined by the Michigan
commission of agriculture. The commission shall give due
consideration
to available Michigan department of agriculture
information and written recommendations from the Michigan state
university
college of agriculture and natural resources extension
and the Michigan state university agricultural experiment station
in cooperation with the United States department of agriculture
natural resources conservation service and the consolidated farm
service
agency, the Michigan department of natural resources, and
other
the department of
environmental quality, agricultural
professional and industry organizations, and any statewide
environmental organizations.
(j) (e)
"Person" means an
individual, corporation,
partnership, association, or other legal entity.
Sec. 4. (1) Subject to subsection (2), the director shall
investigate all complaints involving a farm or farm operation,
including, but not limited to, complaints involving the use of
manure and other nutrients, agricultural waste products, dust,
noise, odor, fumes, air pollution, surface water or groundwater
pollution, food and agricultural processing by-products, care of
farm
animals and pest infestations. Within 7 business days of after
receipt of the complaint, the director shall conduct an on-site
inspection of the farm or farm operation. The director shall
notify, in writing, the city, village, or township and the county
in which the farm or farm operation is located of the complaint.
(2) The commission and the director shall enter into a
memorandum of understanding with the director of the department of
environmental quality. The investigation and resolution of
environmental complaints concerning farms or farm operations shall
be conducted in accordance with the memorandum of understanding.
However, the director shall notify the department of environmental
quality of any potential violation of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.101 to
324.90106, or a rule promulgated under that act. Activities at a
farm or farm operation are subject to applicable provisions of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.101 to 324.90106, and the rules promulgated under that act.
The commission and the director shall develop procedures for the
investigation and resolution for other farm-related complaints.
(3) If the director finds upon investigation under subsection
(1) that the person responsible for a farm or farm operation is
using generally accepted agricultural and management practices, the
director shall notify, in writing, that person, the complainant,
and the city, village, or township and the county in which the farm
or farm operation is located of this finding. If the director
identifies that the source or potential sources of the problem were
caused by the use of other than generally accepted agricultural and
management practices, the director shall advise the person
responsible for the farm or farm operation that necessary changes
should be made to resolve or abate the problem and to conform with
generally accepted agricultural and management practices and that
if those changes cannot be implemented within 30 days, the person
responsible for the farm or farm operation shall submit to the
director an implementation plan including a schedule for completion
of the necessary changes. When the director conducts a follow-up
on-site inspection to verify whether those changes have been
implemented, the director shall notify, in writing, the city,
village, or township and the county in which the farm or farm
operation is located of the time and date of the follow-up on-site
inspection and shall allow a representative of the city, village,
or township and the county to be present during the follow-up on-
site inspection. If the changes have been implemented, the director
shall notify, in writing, the person responsible for the farm or
farm operation, the complainant, and the city, village, or township
and the county in which the farm or farm operation is located of
this determination. If the changes have not been implemented, the
director shall notify, in writing, the complainant and the city,
village, or township and the county in which the farm or farm
operation is located that the changes have not been implemented and
whether a plan for implementation has been submitted. Upon request,
the director shall provide a copy of the implementation plan to the
city, village, or township and the county in which the farm or farm
operation is located. If a second or subsequent on-site follow-up
inspection is necessary, the farm or farm operation shall be
assessed $500.00 for each inspection. Money collected by the
department under this subsection shall be forwarded to the state
treasurer and credited to the general fund.
(4) A complainant who brings more than 3 unverified complaints
against the same farm or farm operation within 3 years may be
ordered, by the director, to pay to the department the full costs
of investigation of any fourth or subsequent unverified complaint
against the same farm or farm operation. As used in this
subsection, "unverified complaint" means a complaint in response to
which the director determines that the farm or farm operation is
using generally accepted agricultural and management practices.
(5) Except as provided in subsection (6), this act does not
affect the application of state statutes and federal statutes.
(6)
Beginning June 1, 2000, except Except
as otherwise
provided in this section, it is the express legislative intent that
this act preempt any local ordinance, regulation, or resolution
that purports to extend or revise in any manner the provisions of
this act or generally accepted agricultural and management
practices developed under this act. Except as otherwise provided in
this section, a local unit of government shall not enact, maintain,
or enforce an ordinance, regulation, or resolution that conflicts
in any manner with this act or generally accepted agricultural and
management practices developed under this act. The preemption and
prohibition on local ordinances under this section does not apply
to setback requirements relating to a new or expanded concentrated
animal feeding operation. In addition, a generally accepted
agriculture and management practice for a new or expanded
concentrated animal feeding operation shall not provide for a
setback distance that is shorter than the distance that is provided
in an applicable local ordinance.
(7) A local unit of government may submit to the director a
proposed ordinance prescribing standards different from those
contained in generally accepted agricultural and management
practices if adverse effects on the environment or public health
will exist within the local unit of government. A proposed
ordinance under this subsection shall not conflict with existing
state laws or federal laws. At least 45 days prior to enactment of
the proposed ordinance, the local unit of government shall submit a
copy of the proposed ordinance to the director. Upon receipt of the
proposed ordinance, the director shall hold a public meeting in
that local unit of government to review the proposed ordinance. In
conducting its review, the director shall consult with the
departments of environmental quality and community health and shall
consider any recommendations of the county health department of the
county where the adverse effects on the environment or public
health will allegedly exist. Within 30 days after the public
meeting, the director shall make a recommendation to the commission
on whether the ordinance should be approved. An ordinance enacted
under this subsection shall not be enforced by a local unit of
government until approved by the commission of agriculture.
(8)
By May 1, 2000, the commission shall issue proposed
generally
accepted agricultural and management practices for site
selection
and odor controls at new and expanding animal livestock
facilities.
The commission shall adopt such generally accepted
agricultural
and management practices by June 1, 2000. In
developing
these generally accepted agricultural and management
practices,
the commission shall do both of the following:
(a)
Establish an advisory committee to provide recommendations
to
the commission. The advisory committee shall include the
entities
listed in section 2(d), 2 individuals representing
townships,
1 individual representing counties, and 2 individuals
representing
agricultural industry organizations.
(b)
For the generally accepted agricultural and management
practices
for site selection, consider groundwater protection, soil
permeability,
and other factors determined necessary or appropriate
by
the commission.
(8) (9)
If generally accepted agricultural
and management
practices require the person responsible for the operation of a
farm or farm operation to prepare a manure management plan, the
person responsible for the operation of the farm or farm operation
shall provide a copy of that manure management plan to the city,
village, or township or the county in which the farm or farm
operation
is located, upon request. A manure management plan
provided
under this subsection is exempt from disclosure under the
freedom
of information act, 1976 PA 442, MCL 15.231 to 15.246.
(9) (10)
The department shall do all of the
following:
(a) Annually submit to the standing committees of the senate
and house of representatives with jurisdiction over issues
pertaining to agriculture and local government a report on the
implementation of this act.
(b) Make available on the department's website current
generally accepted agricultural and management practices.
(c) Establish a toll-free telephone number for receipt of
information on noncompliance with generally accepted agricultural
and management practices.
(11)
As used in this section:
(a)
"Adverse effects on the environment or public health"
means
any unreasonable risk to human beings or the environment,
based
on scientific evidence and taking into account the economic,
social,
and environmental costs and benefits and specific
populations
whose health may be adversely affected.
(b)
"Commission" means the commission of agriculture.
(c)
"Department" means the department of agriculture.
(d)
"Director" means the director of the department or his or
her
designee.