GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-266
SENATE BILL 593
AN ACT TO EXTEND THE MORATORIA ON CONSTRUCTION OR EXPANSION OF SWINE FARMS.
Whereas, the 1997 General Assembly established moratoria on the construction or expansion of certain swine farms and on lagoons and animal waste management systems for certain swine farms; and
Whereas, one of the original purposes of these moratoria was to allow completion of certain studies related to swine farms and animal waste management systems; and
Whereas, the 1998 General Assembly extended these moratoria and established exceptions for animal waste management systems that meet certain performance standards; and
Whereas, the 1999 General Assembly and the 2001 General Assembly further extended the moratoria so that moratoria have remained in effect continuously since 1 March 1997; and
Whereas, on 25 July 2000, the Attorney General of North Carolina entered into an agreement with Smithfield Foods, Incorporated, and certain other companies; and
Whereas, on 29 September 2000, the Attorney General of North Carolina entered into an agreement with Premium Standard Farms, Incorporated, and certain other companies; and
Whereas, on 13 March 2002, the Attorney General of North Carolina entered into an agreement with Frontline Farmers, Incorporated; and
Whereas, the companies that are parties to these agreements constitute a significant portion of the swine production capacity of the State; and
Whereas, these agreements commit the companies that are parities to these agreements to work cooperatively to develop and implement animal waste management technologies that meet the performance standards established by the General Assembly; and
Whereas, the companies that are parties to these agreements have agreed to provide substantial resources to assist the State in the development and implementation of animal waste management technologies that meet the performance standards established by the General Assembly and that are economically feasible; and
Whereas, the Animal and Poultry Waste Management Center at North Carolina State University is currently evaluating a number of animal waste management technologies in order to identify one or more technologies that meet the performance standards established by the General Assembly and that are economically feasible, as provided in the Smithfield and related agreements; and
Whereas, on 28 January 2003, the Environmental Review Commission received a report from the Animal and Poultry Waste Management Center on progress in the evaluation of animal waste management technologies; and
Whereas, based on this report, it appears that additional time will be needed to complete the evaluation of all technologies currently being evaluated; and
Whereas, it also appears that the General Assembly will need some time to consider the results of this evaluation process once it has been completed and to enact whatever legislation it determines to be appropriate; and
Whereas, it further appears that some time may be required for the implementation of any legislation that may be enacted by the General Assembly; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. Subsection (a1) of Section 1.1 of S.L. 1997-458, as amended by Section 2 of S.L. 1998-188, Section 2.1 of S.L. 1999-329, and Section 1 of S.L. 2001-254, reads as rewritten:
"(a1) There is hereby established a
moratorium on the construction or expansion of swine farms and on lagoons and
animal waste management systems for swine farms. The purposes of this
moratorium are to allow counties time to adopt zoning ordinances under G.S.
153A-340, as amended by Section 2.1 of this act; to allow time for the
completion of the studies authorized by the 1995 General Assembly (1996 Second
Extra Session); and to allow the 1999 to allow time for the completion
of ongoing evaluations of animal waste management technologies and related
research and studies; to allow the General Assembly to receive and act on
the findings and recommendations of those studies.evaluations,
research, and studies; and to allow for the implementation of any legislation
that may be enacted. Except as provided in subsection (b) of this section,
the Environmental Management Commission shall not issue a permit for an animal
waste management system for a new swine farm or the expansion of an existing
swine farm for a period beginning on 1 March 1997 and ending on 1 September 2003.2007.
The construction or expansion of a swine farm or animal waste management system
for a swine farm is prohibited during the period of the moratorium regardless
of the date on which a site evaluation for the swine farm is completed and
regardless of whether the animal waste management system is permitted under
G.S. 143-215.1 or Part 1A of Article 21 of Chapter 143 of the General Statutes
or deemed permitted under 15A North Carolina Administrative Code 2H.0217."
SECTION 2. Section 1.2 of S.L. 1997-458, as amended by Section 3 of S.L. 1998-188, Section 2.2 of S.L. 1999-329, and Section 2 of S.L. 2001-254, reads as rewritten:
"Section 1.2. (a) As used in this section, 'swine
farm' and 'lagoon' have the same meaning as in G.S. 106-802. As used in this
section, 'animal waste management system' has the same meaning as in G.S. 143-215.10B.
There is hereby established a moratorium for any new or expanding swine farm or
lagoon for which a permit is required under Parts 1 or 1A of Article 21 of
Chapter 143 of the General Statutes in any county in the State: (i) that has a
population of less than 75,000 according to the most recent decennial federal
census; (ii) in which there is more than one hundred fifty million dollars
($150,000,000) of expenditures for travel and tourism based on the most recent
figures of the Department of Commerce; and (iii) that is not in the coastal
area as defined by G.S. 113A-103. Effective 1 January 1997, until 1 September 2003,2007,
the Environmental Management Commission shall not issue a permit for an animal
waste management system, as defined in G.S. 143-215.10B, or for a new or
expanded swine farm or lagoon, as defined in G.S. 106-802. The exemptions set
out in subsection (b) of Section 1.1 of this act do not apply to the moratorium
established under this section.
(b) In order to protect
travel and tourism, effective 1 September 2003,2007, no animal
waste management system shall be permitted except under an individual permit
issued under Part 1 of Article 21 of Chapter 143 of the General Statutes in any
county in the State: (i) that has a population of less than 75,000 according to
the most recent decennial federal census; (ii) in which there is more than one
hundred fifty million dollars ($150,000,000) of expenditures for travel and
tourism based on the most recent figures of the Department of Commerce; and
(iii) that is not in the coastal area as defined by G.S. 113A-103."
SECTION 3. If any section or provision of this act is declared unconstitutional or invalid by the courts, the unconstitutional or invalid section or provision does not affect the validity of this act as a whole or any part of this act other than the part declared to be unconstitutional or invalid.
SECTION 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 19th day of June, 2003.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 12:55 p.m. this 26th day of June, 2003