TITLE: CONCERNING MITIGATION OF ODOR EMISSIONS FROM HOUSED COMMERCIAL SWINE FEEDING OPERATIONS.

Fiscal Impact Summary	FY 1999/2000	FY 2000/2001
State Revenues General Fund
State Expenditures General Fund	$20,823
FTE Position Change	0.3 FTE	0.0 FTE
Other State Impact: None
Effective Date: Upon signature of the Governor.
Appropriation Summary for FY 1999-2000: Department of Public Health and Environment - $20,823 and 0.3 FTE - General Fund
Local Government Impact: None

This bill revises certain statutory provisions regarding the regulation of odor emissions of housed commercial swine feeding operations that were approved by the voters at the 1998 General Election. These provisions were approved in conjunction with statutes that require an individual discharge permit from the Water Quality Control Division to protect water quality.

The bill defines "best management practices" and requires wastewater vessels, impoundments, and lagoons on such swine feeding operations to use best management practices to manage odorous gases rather than to cover the storage facility or to employ technologies to ensure maintenance of aerobic conditions. The bill requires the Air Quality Control Commission to promulgate rules by December 1, 1999 to require such swine feeding operations to employ best management practices by July 1, 2000 rather than July 1, 1999.

The bill requires the commission to submit rules to the Legislative Council for review in the same manner as rules pertaining to the Air Quality State Implementation Plan (SIP), however, the rules are not to be included in the SIP. The bill requires the commission to amend existing odor control regulations to conform to the provisions of this bill by December 1, 1999.

Under current law, any person who may be adversely affected by such a swine feeding operation may file civil suit in the county in which the person resides. This bill limits that authority to any person whose property is adversely affected to file a civil suit in the county in which the operation is located after exhaustion of all administrative remedies as specified by law.

Department of Public Health and Environment. This bill will require the Air Pollution Control Division within the Department of Public Health and Environment to support the Air Quality Control Commission in the promulgation of rules for the employment of best management practices. The division will require additional, one-time, personal services, operating expenses, and legal services to prepare all documents and conduct public hearings in the state. Table 1 provides a summary of the division's General Fund expenditures to support the provisions of the bill.

Department of Agriculture. The bill requires the department, in consultation with the Colorado Cooperative Extension Service and the Division of Air Pollution Control, to identify best management practices to mitigate off-site odor emissions from such swine feeding operations. The department will be able support these activities within existing resources.

Pursuant to the Joint Budget Committee’s budget policies, the following expenditures have not been included in this fiscal note:

The Department of Public Health and Environment will require a General Fund appropriation of $20,823 and 0.3 FTE for allocation to the Air Pollution Control Division for FY 1999-2000. Of this amount, the Department of Law will require a cash fund exempt spending authority of $5,827.

Table 1 - Air Pollution Control Division General Fund Expenditures
	FY 1999-2000	FY 2000/2001
Personal Services Env. Prot. Spec. II PERA/Medicare Total	0.3 FTE - $12,438 1,598 $14,036
Operating Expenses	$1,500
Legal Expenses - Dept. of Law	100 hours - $5,287
Non-recurring Expenses	0
Total Expenses	0.3 FTE - $20,823