North Carolina SB 516: Direct ERC To Study Dry Litter Poultry Waste.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
S D
SENATE BILL DRS45201-SB-2

Short Title: Direct ERC To Study Dry Litter Poultry Waste. (Public)
Sponsors: Senator Peterson (Primary Sponsor).
Referred to:

*DRS45201-SB-2*
A BILL TO BE ENTITLED 1
AN ACT TO DIRECT THE ENVIRONMENTAL REVIEW COMMISSION TO STUDY AND 2
DETERMINE THE NUMBER AND LOCATION OF POULTRY FARMS (CAFOS) IN 3
NORTH CAROLINA, THE DRY LITTER WASTE MANAGEMENT SYSTEMS AND 4
PRACTICES THAT ARE EMPLOYED BY THESE FARMS, THE POTENTIAL 5
ENVIRONMENTAL AND HEALTH IMPACTS AND DAMAGES THESE SYSTEMS 6
AND PRACTICES MAY HAVE, AND RECOMMENDATIONS ON HOW BEST TO 7
REGULATE THESE WASTE MANAGEMENT SYSTEMS IN PROTECTING THE 8
ENVIRONMENT AND THE PUBLIC'S HEALTH AND SAFETY. 9
Whereas, it is estimated that in 2018 the State had over 515 million poultry and 4,700 10
dry litter poultry facilities, compared to 9.7 million hogs and 2,100 hog farms; and 11
Whereas, it is estimated that poultry CAFOs (concentrated animal feeding operations) 12
produce 5 million tons of dry litter poultry waste a year, five times the amount of waste produced 13
by hog CAFO facilities; and 14
Whereas, dry poultry waste is rich in nitrogen and phosphorus nutrients that, when 15
properly managed, can be used for fertilizer, but when in excess and improperly managed, these 16
nutrients can negatively impact natural resources and human populations in downstream 17
counties, thereby leading to the degradation of aquatic life and can cause public health impacts 18
related to odor, drinking water contamination, drug residues, pathogens, and disease vectors and 19
pests; and 20
Whereas, poultry in North Carolina produces three times as much nitrogen as 21
compared to swine waste and six times as much phosphorus as is produced by the swine industry; 22
and 23
Whereas, animal operations for swine are heavily regulated with various 24
requirements, including setbacks, inspections, and water quality permits; poultry operations are 25
exempt from regulation, and inspections are only complaint-driven; and 26
Whereas, there are an unknown number of these poultry farms located in floodplains 27
and flood-prone areas of the State; and 28
Whereas, 238 poultry houses flooded after Hurricane Florence, 179 that were not in 29
previously identified floodplains, and a total of 4.2 million chickens and turkeys were drowned 30
as a result, requiring composting and costing a combined total of $12.6 million to both the State 31
and federal governments; and 32
Whereas, these counties have experienced repeated flooding from recent hurricanes 33
and storm events, and as a result unknown amounts of nutrients and other pathogens have entered 34
public waters; and 35
FILED SENATE
Apr 2, 2019
S.B. 516
PRINCIPAL CLERK

General Assembly Of North Carolina Session 2019
Page 2 DRS45201-SB-2
Whereas, many poultry farms are located in close proximity to residential homes and 1
developments due to zoning and State-approved setback exemptions, causing increased 2
respiratory concerns and mounting odor and "quality of life" complaints from neighboring 3
residential communities; and 4
Whereas, a growing body of research draws direct correlation between exposure to 5
poultry production dust and increasing respiratory hazards and pulmonary disorders among 6
poultry farm workers; and 7
Whereas, the nation's leading poultry states, including Georgia and Arkansas, have 8
adopted proactive policy and comprehensive nutrient management plans that protect the natural 9
environment and public health without creating an unnecessary burden on agricultural interests; 10
and 11
Whereas, there have been substantial technological advances to the disposition of 12
poultry waste, including various recycling technologies such as anaerobic digestion, with 13
beneficial economic outcomes to both the industry and the public, and there has been significant 14
passage of time since this agricultural industry has been studied. Such review and discovery can 15
be beneficial to all; and 16
Whereas, the study required by this act in no way is meant to misrepresent, discredit, 17
and/or diminish the viability and importance of this industry to the economy of our State and the 18
value and integrity of the thousands associated with its operations; Now, therefore, 19
The General Assembly of North Carolina enacts: 20
SECTION 1.(a) The definitions set out in G.S. 143-215.10B shall apply to this act. 21
SECTION 1.(b) The Environmental Review Commission shall conduct a 22
fact-driven, science-based study of the environmental and public health impacts of dry litter 23
poultry waste in North Carolina and the potential regulatory and technological solutions for 24
addressing these impacts. The Commission shall specifically study all of the following: 25
(1) The growth of the poultry industry in the State, including the current location, 26
size, and number of dry litter poultry facilities in the State. 27
(2) The location, size, and number of dry litter poultry facil