HB 82: "An Act relating to agricultural facilities and operations as private nuisances; and to disclosures in transfers of real property located within one mile of an agricultural facility or an agricultural operation."
00 HOUSE BILL NO. 82 01 "An Act relating to agricultural facilities and operations as private nuisances; and to 02 disclosures in transfers of real property located within one mile of an agricultural 03 facility or an agricultural operation." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.45.235(a) is amended to read: 06 (a) An agricultural facility or an agricultural operation at an agricultural 07 facility is not and does not become a private nuisance as a result of [BY] a changed 08 condition that exists in the area of the agricultural facility [ON NEIGHBORING 09 LAND] if the agricultural facility [OPERATION] has been in operation for more than 10 three years or [AND] if the agricultural facility [OPERATION] was not a nuisance at 11 the time the agricultural facility [OPERATION] began agricultural operations. For 12 purposes of this subsection, the time an agricultural facility began agricultural 13 operations refers to the date on which any type of agricultural operation began 14 on that site regardless of any subsequent expansion of the agricultural facility or
01 adoption of new technology. An agricultural facility or an agricultural operation 02 at an agricultural facility is not a private nuisance if the governing body of the 03 local soil and water conservation district advises the commissioner in writing that 04 the facility or operation is consistent with a farm conservation plan developed 05 and implemented in cooperation with the district. 06 * Sec. 2. AS 09.45.235(b) is amended to read: 07 (b) The provisions of (a) of this section do not apply to 08 (1) liability resulting from improper, illegal, or negligent conduct of 09 agricultural operations; or 10 (2) flooding caused by the agricultural operation. 11 * Sec. 3. AS 09.45.235(d) is amended to read: 12 (d) In this section, ["AGRICULTURAL OPERATION" MEANS] 13 (1) "agricultural facility" means any land, building, structure, 14 pond, impoundment, appurtenance, machinery, or equipment that is used in the 15 commercial production or processing of crops, livestock, or livestock products, or 16 that is used in aquatic farming; 17 (2) "agricultural operation" means 18 (A) any agricultural and farming activity such as 19 (i) [(A)] the preparation, plowing, cultivation, 20 conserving, and tillage of the soil; 21 (ii) [(B)] dairying; 22 (iii) [(C)] the operation of greenhouses; 23 (iv) [(D)] the production, cultivation, rotation, 24 fertilization, growing, and harvesting of an agricultural, floricultural, 25 apicultural, or horticultural crop or commodity; 26 (v) [(E)] the breeding, hatching, raising, producing, 27 feeding, keeping, slaughtering, or processing of livestock [, BEES, 28 FUR-BEARING ANIMALS, OR POULTRY]; 29 (vi) [(F)] forestry or timber harvesting operations; 30 (vii) the application and storage of pesticides, 31 herbicides, animal manure, treated sewage sludge or chemicals,
01 compounds, or substances to crops, or in connection with the 02 production of crops or livestock; 03 (viii) the manufacturing of feed for poultry or 04 livestock; 05 (ix) aquatic farming; 06 (x) the operation of roadside markets; and 07 (B) [(2)] any practice conducted on the agricultural facility 08 [OPERATION] as an incident to or in conjunction with activities described in 09 (A) of this paragraph, including the application of existing, changed, or 10 new technology, practices, processes, or procedures; 11 (3) "livestock" means horses, cattle, sheep, bees, goats, swine, 12 poultry, reindeer, elk, musk oxen, and other animals kept for use or profit [(1) 13 OF THIS SUBSECTION]. 14 * Sec. 4. AS 34.70 is amended by adding a new section to read: 15 Article 2. Disclosures in Transfers of Real 16 Property Within One Mile of an Agricultural Facility 17 or an Agricultural Operation. 18 Sec. 34.70.300. Disclosures in Transfers of Real Property Within One 19 Mile of an Agricultural Facility or an Agricultural Operation. (a) Before the 20 transfer of an interest in real property located within one mile of an agricultural 21 facility or an agricultural operation, the transferor shall deliver by mail or in person to 22 the transferee a written disclosure statement that includes the following: 23 The property you are about to acquire is located within one mile of an 24 agricultural facility or an agricultural operation. Lawful application of 25 pesticides, herbicides, and fertilizers occur in agricultural operations. 26 You may be subject at any time to odor, fumes, dust, smoke, burning, 27 vibrations, insects, rodents, the operation of machinery including 28 aircraft, and other inconveniences or discomforts created as a result of 29 lawful agricultural operations. You should be prepared to accept the 30 inconveniences as a normal and necessary aspect of living in an area 31 with a strong rural character and an active agricultural sector.
01 (b) A copy of the disclosure statement delivered under (a) of this section shall 02 be recorded along with the conveyance of an interest in real property located within 03 one mile of an agricultural facility or an agricultural operation. 04 (c) For purposes of this section, 05 (1) "agricultural facility" has the meaning given in AS 09.45.235(d); 06 (2) "agricultural operation" has the meaning given in AS 09.45.235(d). 07 * Sec. 5. AS 40.17.110 is amended by adding a new subsection to read: 08 (e) If the document is a disclosure statement under AS 34.70.300, it must 09 comply with the requirements of that section. 10 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. The provisions of secs. 4 and 5 of this Act apply to a contract for 13 the sale, purchase, or exchange of real property located within one mile of an agricultural 14 facility or an agricultural operation executed on or after the effective date of this Act. 15 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 REVISOR'S INSTRUCTION. The revisor of statutes shall substitute the spanned 18 reference "AS 34.70.010 - 34.70.200" for the references to "this chapter" in AS 34.70.010 - 19 34.70.200.