H. B. 4380
(By Delegates Michael, Williams, Stemple,
Kelley, Mezzatesta, Martin and Proudfoot)
[Introduced February 3, 2000; referred to the
Committee on Agriculture and Natural Resources then
Finance.]
A BILL to amend and reenact section two, article thirteen-k,
chapter eleven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section seven, article eleven, chapter twenty of said code,
all relating to promoting the alternative use of poultry
waste; including nutrient management plans and best management
practices, when used as certain established procedures for
managing applications of poultry litter as fertilizer
applications, within the definition of qualified agricultural
equipment for which an investment tax credit is allowed; and
establishing that the use of composted or deep stacked poultry
litter products shall have priority over the use of other compost by agencies and instrumentalities of the state in all
land maintenance and landscaping activities unless determined
to be economically unfeasible by the agency or
instrumentality.
Be it enacted by the Legislature of West Virginia:
That section two, article thirteen-k, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section seven, article
eleven, chapter twenty of said code be amended and reenacted, all
to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 13K. TAX CREDIT FOR AGRICULTURAL EQUIPMENT.
§11-13K-2. Definitions.
As used in this section the following terms shall have the
meanings ascribed in this section:
(a) "Advanced technology pesticide and fertilizer application
equipment" means machinery certified by the West Virginia division
of environmental protection as providing precise pesticide and
fertilizer application. The agriculture commission and the West
Virginia division of environmental protection shall provide
technical assistance to the tax commissioner to determine appropriate specifications for machinery which would provide for
more precise pesticide and fertilizer application to reduce the
potential for adverse environmental impacts for purposes of
application of the credit provided by this article. The machinery
shall include, but not be limited to:
(1) Sprayers for pesticides and liquid fertilizers;
(2) Pneumatic fertilizer applicators;
(3) Monitors, computer regulators and heights adjustable booms
for sprayers and liquid fertilizer applicators;
(4) Manure applicators; and
(5) Tramline adapters.
(b) "Conservation tillage equipment" means a planter or drill
commonly known as a "no-till" planter or drill, designed to
minimize disturbance of the soil in planting crops, including such
planters or drills which may be attached to equipment already owned
by the taxpayer.
(c) "Dead poultry composting facility" is a structure
consisting of a roof, an impervious weight bearing foundation, such
as concrete and rot resistant building materials such as pressure
treated lumber or similar material, which structure is used to
biologically treat poultry carcasses by composting.
(d) "Mortality incinerator" means a structure certified by the
air pollution control commission director of the division of
environmental protection which is used for the purpose of burning
animal carcasses.
(e) "Nutrient management plan" or "best management practice"
means an established procedure for managing the amount, form,
placement and timing of applications of poultry litter as
fertilizer application.
(e) (f) "Nutrient management system" means an established
procedure for managing the amount, form, placement and timing of
applications of plant nutrients.
(f) (g) "Qualified agricultural equipment" means advanced
technology pesticide and fertilizer application equipment,
conservation tillage equipment, dead poultry composting facilities,
nutrient management plans, best management practices, nutrient
management systems, streambank and shoreline protection systems,
stream channel stabilization systems, stream crossing or access
plans, waste management systems, waste storage facilities and waste
treatment lagoons located on or at agricultural operations in this
state and certified by the tax commissioner in accordance with
section five of this article.
(g) (h) "Streambank and shoreline protection system" means the
consistent use of vegetation or structures to stabilize and protect
banks of streams, lakes, estuaries, or excavated channels in order
to stabilize or protect banks of streams, lakes, estuaries or
excavated channels for one or more of the following purposes:
(1) To prevent the loss of land or damage to utilities, roads,
buildings or other facilities adjacent to the banks;
(2) To maintain the capacity of the channel;
(3) To control channel meander that would adversely affect
downstream facilities;
(4) To reduce sediment loads causing downstream damages and
pollution; or
(5) To improve the stream for recreation or as a habitat for
fish and wildlife.
(h) (i) "Stream channel stabilization system" means an
established structure for the stabilization of the channel of a
stream.
(i) (j) "Stream crossing or access plan" means the maintenance
of a stabilized area to provide for crossing of a stream by
livestock and farm machinery, or to provide access to the stream
for livestock water.
(j) (k) "Waste management system" means a planned system in
which all necessary components are installed for managing liquid
and solid waste, including runoff from concentrated waste areas at
an agricultural operation, in a manner that does not degrade air,
soil or water resources.
(k) (l) "Waste storage facility" means a waste impoundment
made by constructing an embankment and/ or excavating a pit or
dugout, or both, or by fabricating a facility for the storage of
waste from livestock or poultry.
(l) (m) "Waste treatment lagoon" means an impoundment made by
excavation or earthfill for biological treatment of animal or other
agricultural waste.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 11. WEST VIRGINIA RECYCLING PROGRAM.
§20-11-7. Procurement of recycled products.
(a) It is the policy of the state of West Virginia that, to
the maximum extent possible, all agencies and instrumentalities of
the state purchase recycled products. The goal of the state is to
achieve a recycled product mix on future purchases of:
(1) Twenty percent by the thirty-first day of December, one
thousand nine hundred ninety-three; and
(2) Forty percent by the thirty-first day of December, one
thousand nine hundred ninety-five.
(b) In furtherance of the aforesaid goal, the secretary of the
department of administration in consultation with the director of
the division of natural resources shall develop a comprehensive
procurement program for recycled products. Such The program shall
include, but not be limited to:
(1) A review, and subsequent revision, of existing procurement
procedures and bid specifications to remove language that
discriminates against recycled products;
(2) A review, and subsequent revision, of existing procurement
procedures and bid specifications to ensure that, to the maximum
extent possible, all agencies and instrumentalities of the state
purchase recycled products: Provided, That recycled paper products
shall be given a price preference of ten percent: Provided,
however, That priority shall be given to paper products with the
highest postconsumer content;
(3) A plan to eliminate, to the maximum extent possible, the
use of disposable and single-use products; and
(4) A requirement that all agencies and instrumentalities of
the state use compost in all land maintenance and landscaping activities: Provided, That the use of composted or deep stacked
poultry litter products have priority unless determined to be
economically unfeasible by the agency or instrumentality.
(c) The secretary shall prepare and submit an annual report on
the thirty-first day of January of each year following the
effective date of this section summarizing the program's
accomplishments, prospects for the future and any recommendations.
Said The report shall be submitted to the governor, speaker of the
House of Delegates and president of the Senate.
NOTE: The purpose of the bill is to promote the alternative
use of poultry litter.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.