Senate Bill 2077

AN ACT TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY TO ENTER INTO AN AGREEMENT WITH A PUBLIC OR PRIVATE ENTITY FOR THE PURPOSES OF CONDUCTING AN ENVIRONMENTAL IMPACT STUDY ON THE ADVERSE EFFECTS OF HAVING A CERTAIN NUMBER OF POULTRY HOUSES WITHIN A CERTAIN SQUARE MILE AREA; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The Mississippi Department of Environmental Quality is authorized to enter into an agreement with a public or private entity for the purposes of conducting an environmental impact study on the effects associated with concentrating a certain number of poultry houses within a defined square mileage. The department must ensure that the entity selected to conduct the study is capable of accomplishing the following:

(a) Review the processes currently in place as identified in subparagrpahs (i) and (ii) of this paragraph and identify any adverse affects on the environment and community resulting from those processes:

(i) Permitting and inspecting poultry houses;

(ii) Management of manure and litter from poultry houses, including whether waste management programs result in the increase of insects, dusts and odor in a defined area;

(b) Determine whether a certain number of poultry houses within a specific square mileage affects the quality of the air, soil and water within the defined area, including whether a certain number results in (i) emission of greenhouse gases, (ii) acidification, and (iii) eutrophication;

(c) Determine if a certain number of poultry houses within a specific square mileage affects the quality of the air, soil and water in areas adjoining the defined area;

(d) Determine whether any public health complications could result to persons residing within a certain distance of poultry houses;

(e) Determine whether having a certain number of poultry houses within a specific square mileage diminishes the value of the tourism and entertainment industry of the municipality and/or county in which the poultry houses are located;

(f) Review and summarize any similar reports and studies as deemed appropriate;

(g) Accept and summarize testimony on the experiences of persons who live within a certain distance of a poultry house;

(h) Make recommendations based on its findings in paragraphs (a) through (g) of this subsection, including recommendations to develop and implement a poultry house permitting process that:

(i) Reduces any negative public health risks;

(ii) Promotes the homeowners' rights of quiet use and enjoyment of their property; and

(iii) Addresses a permit holder's financial and business needs.

(2) The department shall review and submit the study and its recommendations based on the study to the Legislature and the Governor no later than December 1, 2021.

SECTION 2. This act shall take effect and be in force from and after its passage.