HOUSE BILL 276

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Andy Nuñez

AN ACT

RELATING TO AGRICULTURE; ENACTING THE AGRICULTURE PROTECTION ACT; PROVIDING FOR REVIEW OF ECONOMIC IMPACTS OF AGRICULTURE RULES; ALLOWING INVESTIGATIONS OF AGRICULTURE ADJUDICATIONS AND COMPLAINTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. SHORT TITLE.--This act may be cited as the "Agriculture Protection Act".

     SECTION 2. DEFINITIONS.--As used in the Agriculture Protection Act:

          A. "adjudication" means a process for determining facts or applying law pursuant to which an agency formulates and issues an order;

          B. "administrative record" means the hearing record in an agency adjudication;

          C. "adopted rule" means a rule promulgated and adopted by an agency;

          D. "agency" means any agency, board, commission, department, institution or officer of the state government except the judicial and legislative branches of the state government;

          E. "agricultural facility" means any land, building, structure, pond, impoundment, appurtenance, machinery or equipment that is used for the commercial production or processing of crops, livestock, animals, poultry, honey bees, honey bee products, livestock products, poultry products or products that are used in commercial agriculture;

          F. "agricultural operation" means:

                (1) the plowing, tilling or preparation of soil at an agricultural facility;

                (2) the planting, growing, fertilizing or harvesting of crops;

                (3) the application of pesticides, herbicides or other chemicals, compounds or substances to crops, weeds or soil in the connection with production of crops, livestock, animals or poultry;

                (4) the breeding, hatching, raising, producing, feeding, keeping, slaughtering or processing of livestock, hogs, aquatic animals, equines, chickens, turkeys, poultry or other fowl normally raised for food, mules, cattle, sheep, goats, rabbits or similar farm animals for commercial purposes;

                (5) the production and keeping of honey bees, production of honey bee products and honey bee processing facilities;

                (6) the production, processing or packaging of eggs or egg products;

                (7) the production, processing or packaging of milk or milk products;

                (8) the rotation of crops;

                (9) commercial agriculture;

                (10) the application of existing, changed or new technology, practices, processes or products to an agricultural operation; or

                (11) the operation of a roadside agricultural market;

          G. "best management practice" means a method or technique found to be the most effective, economical and practical means in achieving an objective while making the optimum use of the resources of the agricultural facility or agricultural operation;

          H. "director" means the director of the New Mexico department of agriculture;

          I. "economic impact" means effects on spending, saving, investment and asset value;

          J. "order" means an agency decision that determines or declares the rights, duties, privileges, immunities or other interests of a specific owner of an agricultural operation;

          K. "person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or any other legal or commercial entity;

          L. "proposed rule" means a rule that is provided to the public by an agency for review and public comment prior to its adoption, amendment or repeal; and

          M. "sustainable agriculture practice" means science-based practices, including the use of technology, that lead to broad outcome-based performance improvement to meet the needs of present and future generations while advancing environmental, social and economic goals and the well-being of agricultural operations and rural communities. Critical outcomes to consider in identifying sustainable agriculture include increasing agricultural productivity, improving human health through access to safe, nutritious and affordable food and enhancing agricultural and surrounding environments, including water, soil and air quality.

     SECTION 3. DIRECTOR--POWERS.--The director may make and adopt such rules as may be necessary to carry out the provisions of the Agriculture Protection Act.

     SECTION 4. REVIEW OF ECONOMIC IMPACTS OF AGRICULTURE RULES.--

          A. If a proposed rule has an aggregate economic impact of more than five thousand dollars ($5,000) per year on one or more owners of agricultural facilities or agricultural operations, an agency shall provide a copy of the proposed rule to the director for review prior to the proposed rule becoming effective. If the director disapproves of the proposed rule in writing because the proposed rule will create an undue economic burden on one or more owners of agricultural facilities or agricultural operations, the proposed rule shall not apply to agricultural facilities or agricultural operations.

          B. For rules in effect prior to the effective date of the Agriculture Protection Act, the director may review an adopted rule to determine whether the adopted rule has an aggregate economic impact of more than five thousand dollars ($5,000) per year on one or more owners of agricultural facilities or agricultural operations. If the director disapproves of the adopted rule in writing because the adopted rule will create an undue economic burden on one or more owners of agricultural facilities or agricultural operations, the adopted rule shall not apply to agricultural facilities or agricultural operations.

     SECTION 5. INVESTIGATIONS OF AGRICULTURE ADJUDICATIONS AND COMPLAINTS.--

          A. Prior to the resolution of an adjudication dealing with an agricultural facility or agricultural operation, an agency shall submit to the director a written notice of such an adjudication.

          B. Any person may submit a complaint to the director involving an agricultural facility or agricultural operation.

          C. The director may investigate notices pursuant to Subsection A of this section or complaints pursuant to Subsection B of this section. If the director finds upon investigation that:

                (1) the owner of the agricultural facility or agricultural operation uses best management practices or sustainable agriculture practices in dealing with a problem at issue in an adjudication or at issue in a complaint, the director shall give the owner of the agricultural facility or agricultural operation and either the agency or person written notice of the finding; or

                (2) the problem at issue in an adjudication or at issue in a complaint is caused by something other than use of best management practices or sustainable agriculture practices, the director may issue written recommendations for changes to the agricultural facility or agricultural operation and provide these recommendations to the owner of the agricultural facility or agricultural operation and either the agency or person.

          D. Any findings or recommendations issued by the director under Subsection C of this section may be entered into the administrative record for an adjudication.

     SECTION 6. SEVERABILITY.--If any part or application of the Agriculture Protection Act is held invalid, the remainder or its application to other situations or persons shall not be affected.

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