Assigned to NRAE AS PASSED BY THE SENATE

ARIZONA STATE SENATE

Phoenix, Arizona

REVISED

FACT SHEET FOR H.B. 2442

agricultural composting

Purpose

Prohibits a city, town or county from adopting a regulation or ordinance that would prevent or restrict agricultural composting operations on farmland.

Background

Compost is the product of a managed agricultural process through which microorganisms break down plant and animal materials into more available forms suitable for application to the soil. Compost must be produced through a process that combines plant and animal materials within a specific carbon/nitrogen ratio range.

Cities and towns have the authority to adopt ordinances to regulate various activities and uses of the land. Counties are granted specified authority by the state to regulate land uses. Current law allows cities and towns to regulate the use of buildings, structures and land for agriculture, residential, industry, business and other purposes. For counties, current law prohibits a county from adopting an ordinance that would regulate existing property uses and use of land for railroads, mining, grazing, or agriculture purposes. H.B. 2442 stipulates that cities, towns and counties may not restrict or regulate agricultural composting on farmland. However, agricultural composting is not to be conducted within one quarter of a mile of residences, unless the composting is done on farmland or land leased in association with farmland.

There is no anticipated fiscal impact to the state general fund associated with this legislation.

Provisions

1. Prohibits cities, towns and counties from regulating agricultural composting that is conducted on farmland of at least five contiguous acres. Stipulates that the composting must be performed as part of a legally defined agricultural operation and in compliance with state environmental nuisance laws.

2. Prohibits agricultural composting in cities and towns within one quarter of a mile of residences unless the operations are conducted on farmland or land leased in association with farmland.

3. Defines agricultural composting.

4. Requires an agricultural composting operation to provide notice of its composting operation to the appropriate local governing body and to the appropriate local fire department(s).

5. Makes technical and conforming changes.

6. Provides for a general effective date.

Amendments Adopted by Committee

1. Requires agricultural composting to be conducted on farmland of at least five contiguous acres and stipulates that the composting must be performed as part of a legally defined agricultural operation and in compliance with state environmental nuisance laws.

2. Eliminates the proposed prohibition on cities and towns from regulating or restricting existing agricultural activities through zoning authority.

3. Prohibits agricultural composting in cities and towns within one quarter of a mile of residences unless the operations are conducted on farmland or land leased in association with farmland.

4. Refines the definition of agricultural composting by stipulating that anaerobic decomposition of solid waste must be accomplished in-vessel.

5. Expands the notification requirements that are to be made by an agricultural composting operation to the appropriate fire department(s).

6. Makes technical and conforming changes.

Amendments Adopted by Committee of the Whole

Makes a technical change regarding proper placement of language in statute relating to agricultural composting.

House Action Senate Action

NRA 1/31/01 DPA 7-0-0-3 NRAE 4/12/01 DPA 6-0-2-0

CM 3/6/01 DPA 7-3-0-0 3^rd Read 4/19/01 25-5-0-0

3^rd Read 3/19/01 34-22-4-0

Prepared by Senate Staff

April 20, 2001