Bill
Bill > HB4118
OK HB4118
OK HB4118Agriculture; nutrient management plans; compliance, violation of Registered Poultry Feeding Operations Act; enforcement jurisdiction; nuisance liability; emergency.
summary
Introduced
02/05/2024
02/05/2024
In Committee
04/01/2024
04/01/2024
Crossed Over
02/20/2024
02/20/2024
Passed
Dead
05/31/2024
05/31/2024
Introduced Session
2024 Regular Session
Bill Summary
An Act relating to agriculture; amending 2 O.S. 2021, Section 10-9.7, as amended by Section 1, Chapter 239, O.S.L. 2022 (2 O.S. Supp. 2023, Section 10-9.7), which relates to Nutrient Management Plans; providing that compliance with a certain Nutrient Management Plan shall be deemed compliant with Best Management Practices; modifying requirements of a Nutrient Management Plan; amending 2 O.S. 2021, Section 10- 9.11, which relates to violations of the Oklahoma Registered Poultry Feeding Operations Act; establishing the exclusive enforcement jurisdiction of the Oklahoma Department of Agriculture, Food, and Forestry for acts or omissions relating to the Oklahoma Registered Poultry Feeding Operations Act; creating a presumption that compliance with a current Nutrient Management Plan insulates poultry growers, operators, integrators, and waste applicators from any private right of action or any collateral enforcement; establishing that the Oklahoma Registered Poultry Feeding Operations Act grants statutory immunity from nuisance liability; and declaring an emergency. AMENDMENT NO. 1. , strike the title Passed the Senate the 25th day of April, 2024. Presiding Officer of the Senate Passed the House of Representatives the ____ day of __________, 2024. Presiding Officer of the House of Representatives ENGROSSED HOUSE BILL NO. 4118 By: Hardin of the House and Howard of the Senate An Act relating to agriculture; amending 2 O.S. 2021, Section 10-9.7, as amended by Section 1, Chapter 239, O.S.L. 2022 (2 O.S. Supp. 2023, Section 10-9.7), which relates to Nutrient Management Plans; providing that compliance with a certain Nutrient Management Plan shall be deemed compliant with Best Management Practices; modifying requirements of a Nutrient Management Plan; amending 2 O.S. 2021, Section 10- 9.11, which relates to violations of the Oklahoma Registered Poultry Feeding Operations Act; establishing the exclusive enforcement jurisdiction of the Oklahoma Department of Agriculture, Food, and Forestry for acts or omissions relating to the Oklahoma Registered Poultry Feeding Operations Act; creating a presumption that compliance with a current Nutrient Management Plan insulates poultry growers, operators, integrators, and waste applicators from any private right of action or any collateral enforcement; establishing that the Oklahoma Registered Poultry Feeding Operations Act grants statutory immunity from nuisance liability; and declaring an emergency.
AI Summary
This bill amends the Oklahoma Registered Poultry Feeding Operations Act to:
1. Provide that compliance with a Nutrient Management Plan shall be deemed compliant with Best Management Practices.
2. Modify the requirements for a Nutrient Management Plan, including measures to prevent the discharge of poultry waste and contamination of waters.
3. Establish the Oklahoma Department of Agriculture, Food, and Forestry as the exclusive enforcement jurisdiction for the Act.
4. Create a presumption that compliance with a current Nutrient Management Plan insulates poultry growers, operators, integrators, and waste applicators from any private right of action or collateral enforcement.
5. Establish that the Act grants statutory immunity from nuisance liability.
The bill also declares an emergency, allowing it to take effect immediately upon passage and approval.
Committee Categories
Agriculture and Natural Resources
Sponsors (2)
Last Action
HC's named: Conference Committee on Agriculture (on 05/20/2024)
Taxonomy
Agriculture
- ‐ General Agriculture
Environment
- ‐ Waste Disposal
Law, Crime, and Family Issues
- ‐ Civil Law and Procedure
Official Document
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