COR Grazing Best Managment Practices-AZ Best Mgmt Prac

Speakers Present

Kathi Knox, Majority Research Analyst

Jim Buster, Legislative Liaison, Arizona Department of Environmental Quality (ADEQ)

Shelly A. Tunis, Legislative Liaison, Yuma Fresh Vegetable Association

Rick Lavis, Vice-President, Arizona Cotton Growers

Bas Aja, Legislative Liaison, Arizona Cattlemen’s Association

CoChairman Jones thanked everyone for their patience and perseverance since the last meeting which was short a quorum. Good use was made of the time since then as a stakeholders’ meeting was held which produced some good ideas. Testimony will be heard by two different individuals today.

Kathi Knox, Majority Research Analyst, stated that the sunset review process is an evaluation tool used to determine if agencies should be continued. Every agency or commission is required to go through a review at least every ten years. Sunset reviews are based on a sunset audit prepared by the Auditor General’s office, or, as in this instance, the committee of reference (COR). The COR is required to submit a sunset committee review report containing recommendations. The legislative staff will then prepare legislation if continuation is recommended and draft a report. The legislation would be introduced in the 2007 session to continue the agencies beyond the termination date of July 1, 2007.

Jim Buster, Legislative Liaison, Arizona Department of Environmental Quality (ADEQ), stated that, since the agencies have not met for a while, the position of ADEQ is not to continue the agencies. In speaking to some of the members and stakeholders, such as Bas Aja, while waiting for a quorum last week, a compromise was reached to collapse the two committees into one.

Mr. Buster believes they have the compromise to bring together the effective stakeholders, the regulators and industry members. He recommended Bas Aja and C.B. “Doc” Lane for the advisory committee. No major changes are foreseen in the near future, In terms of nitrogen application, the final report was made in 1998 and those issues are not surfacing. He noted that Joan Card, Director, Water Quality Division, is present to answer questions (Attachments 1 and 2).

CoChairman Jones mentioned that staggered terms were originally established so all the knowledge and experience of the committee is not lost at the same time. He is not sure that is in the draft and asked if it is a good idea to include staggered terms. Mr. Buster said the stakeholders are not adamant on that issue and did not include staggered terms. The committees have not met in a while. The requirement for a certain number of Republicans and Democrats was removed because it is difficult to fill those positions. The new committee may not meet in the next five years and and perhaps a sunset of five years is needed as Mr Aja suggested; however, even though staggered terms is a good idea, he does not believe it is necessary in this case.

Senator Blendu asked why both committees should not be sunset if the committee that will be established will not meet in the foreseeable future.

Senator Flake answered that the Grazing Best Management Practices Advisory Committee was established about eight years ago because of strong objections he had with a ruling by the Environmental Protection Agency (EPA). At that time meetings were being held around the state about nitrogen in the ground due to cattle grazing. He attended a meeting in Flagstaff where he heard things he could not believe. It was almost to the point that in order to comply with the regulations, the cattle would have to be diapered. He did not say anything in the meeting but spoke later with the Director of ADEQ who did not know the substance of the meetings. Because of the ridiculous things that were said, the Grazing Best Management Practices Advisory Committee was formed so everything would have to go through the committee. Senator Flake said there does not seem to be anything on the horizon at present, but with EPA something could come up any time. He believes it is important to retain the committee in order to counteract these types of problems, and he believes it can be of assistance to ADEQ.

Senator Blendu said he would like to have this explanation on record so these kinds of policies come through the Legislature as opposed to a fiat from an agency. CoChairman Jones agreed. He said he sees it is more as a contingency committee, and, due to the lengthy time it takes to go through the rule-making process, there is an advantage in that it is already in place. Hopefully, the committee will never have to meet, but it will be available to take care of any issues if it is necessary.

Shelly A. Tunis, Legislative Liaison, Yuma Fresh Vegetable Association, stated that in 1986 the Legislature decided that nitrogen fertilizer used in farming operations needed to be regulated in the State of Arizona so Best Management Practices (BMP) was adopted. Also, in 1986 the Legislature created ADEQ. One of the reasons the Legislature created best management practices on nitrogen fertilizer was because there was no experience of what ADEQ would do since it did not previously exist. Now, 20 years later, it is known what ADEQ does with nitrogen fertilizer (Attachment 3). ADEQ has not changed the rules since 1991. There is no outcry from the public or industry to change these rules which seem to be working, and, in the interim, the Legislature adopted a procedure with more input from stakeholders in the rule-making process. All that leads to the conclusion that issues related to nitrogen fertilizer and best management practices in farming operations have been settled and stakeholders have had enough input in the ADEQ process over the past couple of years. For that reason, the Yuma Fresh Vegetable Association supports the sunset of the Agricultural Best Management Practices Advisory Commitees.

Mr. Jones asked Ms. Tunis’ opinion about melding the two committees. Ms. Tunis stated she has no opinion about the part relating to cattle. Senator Flake asked if it would provide the necessary protection even though it is a larger committee with representations of the livestock industry and agriculture. Ms. Tunis said she understands there are no agricultural people on the draft committee, only livestock personnel.

Rick Lavis, Vice-President, Arizona Cotton Growers Association, stated he is present to second the positions stated, especially Senator Flake’s position. This is the first time in 25 years he can remember being in favor of a sunset, and, in this case, it is absolutely justifiable. He was here when the 1986 act was passed which was done for a number of reasons. The environmental community believed farmers were using an excessive amount of nitrogen fertilizers on crops and could be polluting groundwater. The possibility of producing “blue babies” was brought out in the legislative process resulting in the creation of the BMPs and the request to create a statutory reference on these issues. The issue before this committee is not nitrogen fertilizer, but whether the structure created in 1986 is still appropriate. Mr. Lavis said he does not believe so, and therefore, supports the sunsetting of the Agricultural Best Management Practices Advisory Committee. The Legislature required in statute that rules be produced on nitrogen fertilizer. As an issue for groundwater contamination, he referred to a report produced in 1991 by the University of Arizona and read the following into the record.

“The spatial distribution of the wells testing above the 10 mg standard does not present any clear association with human activities which may be responsible for these elevated nitrate levels. Intensive agricultural areas, as well as with locations with no agriculture at all, have shown elevated nitrate levels in well water.”

“Contributions of nitrates can come from multiple sources, including mineralized soil, organic matter, geological deposits, septic tanks, sewage-treatment plants, concentrated animal operations, and agricultural applications of nitrogen fertilizer.”

He stated that the conclusion of the report is that it is almost impossible to find where those intensive nitrates might be.

Mr. Lavis continued by saying that the last issue was the “blue babies.” The presence of excessive nitrates in drinking water is the most serious for bottled-fed infants less than 6 months old whose immature digestive systems are unable to properly metabolize nitrates. Bacteria in an infant’s stomach converts nitrates to nitrites that react with hemoglobin to form methemoglobin, a condition referred to as methaemoglobinaemia. This molecule is unable to carry oxygen, so symptoms of oxygen starvation begin to occur. Because oxygen starvation causes a bluish discoloration of the body, it is commonly referred to as “blue baby disease” which is potentially fatal but very easy to treat if diagnosed. The number of incidences is very difficult to determine because it is not a disease that is routinely reported to public health agencies. As of the date of the 1991 report no confirmed cases resulting from agriculture contamination were reported in Arizona.

Mr. Lavis said maybe the 1986 act was ahead of the realities because nothing has been seen since and ADEQ has not raised the issue. There have also been no reported instances by the public health system. He believes it is unnecessary to have a BMP committee in place as there are other structures to handle any cases should they occur.

Senator Cannell said it seems that the main argument is there are other methods to deal with this. One could get to a point technologically where nitrogen could be traced to the source, whether from farming or elsewhere. Mr. Lavis said that the most important thing is that it is not related directly to agriculture.

Bas Aja, Legislative Liaison, Arizona Cattlemen’s Association, said he supports the sunset of the nitrogen fertilizer committee and combination of the other two (Attachment 4). Regarding Mr. Lavis’ testimony about the “blue baby” syndrome, etc. and how things have changed, the most important regulation he has seen relating to nitrogen fertilizer came about because of a very tragic incident, the Oklahoma City bombing. Now it is important to trace fertilizer to where it is being used and who has it. It is also being used to produce electricity and methane, and the Japanese have even produced gasoline from manure. There are still a few federal laws coming down the pike so he would like to see a committee in place in case the state has to address some federal rules.

Mr. Aja said he would also be remiss if he did not thank the ADEQ for working with the stakeholders.

Senator Flake asked his opinion as to five-year terms versus the ten-years. He believes five years works.

CoChairman Jones asked if there is any reason to include staggered terms if the committee recommends a five-year continuation. Mr. Aja answered that it would probably be better to have continuity, so 5-year terms would be fine in this case. If 10 years was recommended, there should be some staggering.

Senator Flake moved the adoption of the proposed language that was distributed that combines the best management practices issues relating to livestock, into one advisory committee instead of two. This would be for a period of 5 years and provide for staggered terms for committee members and allow any current members to complete their terms. The motion carried.

Senator Flake moved the reconsideration of the above motion. The motion carried.

Senator Flake moved that the Nitrogen Fertilizer Best Management Practices Advisory Committee be allowed to terminate. The motion carried.

The CoChairman instructed staff to prepare legislation to make these changes and draft the COR report for next session.

Without objection, the meeting adjourned at 2:40 p.m.

_______________________________________

Pat Hudock, Committee Secretary

September 7, 2006

(Original minutes, attachments and tape on file in the Office of the Chief Clerk)

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COMMITTEE OF REFERENCE FOR THE SUNSET HEARING OF:

GRAZING BEST MANAGEMENT PRACTICES ADVISORY COMMITTEE

AGRICULTURAL BEST MANAGEMENT PRACTICES ADVISORY COMMITTEES

September 1, 2006

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Members Present

Members Absent

Speakers Present