SF 1373

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/03/2013 09:02am

A bill for an act
relating to agriculture; establishing the Minnesota agricultural water quality
certification pilot program; requiring reports; amending Minnesota Statutes
2012, section 13.6435, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 17.

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

Section 1.

Minnesota Statutes 2012, section 13.6435, is amended by adding a
subdivision to read:

Subd. 14.

Agricultural water quality certification pilot program.

Data on
persons certified under the agricultural water quality certification pilot program is
governed by section 17.9899.

Sec. 2.

[17.9891] PURPOSE.

The commissioner, in consultation with the commissioners of the Pollution Control
Agency and Department of Natural Resources, and the Board of Water and Soil Resources
may implement a Minnesota agricultural water quality certification pilot program whereby
once a producer demonstrates practices and management sufficient to protect and enhance
water quality, the producer is exempt from having to comply with new state agency
rules affecting agricultural or land management practices that could affect water quality
for up to ten years. The program is voluntary. The program shall be piloted in selected
watersheds across the state.

Sec. 3.

[17.9892] DEFINITIONS.

Subdivision 1.

Application.

The definitions in this section apply to sections
17.9891 to 17.992.

Subd. 2.

Technical assistance.

"Technical assistance" means professional, advisory,
or cost-share assistance provided to individuals that is designed to achieve Minnesota
agricultural water quality program certification.

Subd. 3.

Certifying agent.

"Certifying agent" means a person who is authorized
by the commissioner to assess producers to determine whether a producer satisfies the
standards of the Minnesota agricultural water quality certification pilot program.

Subd. 4.

Certification.

"Certification" means a producer has demonstrated
compliance with all applicable environmental rules and statutes for all of the producer's
owned and rented agricultural land, and has achieved a satisfactory score through the
certification instrument and has been verified by a certifying agent.

Subd. 5.

Eligible land.

"Eligible land" means all acres of an agricultural operation
of a producer, whether or not contiguous, that are under the effective control of the
producer at the time the producer enters into the certification program, and are operated
by the producer with equipment, labor, and management.

Subd. 6.

Effective control.

"Effective control" means possession of the land
by ownership, written lease, or other legal agreement and authority to act as decision
maker for the day-to-day management of the operation at the time the producer achieves
certification and for the required period of the certification.

Subd. 7.

Program.

"Program" means the Minnesota agricultural water quality pilot
program established in sections 17.9891 to 17.992.

Sec. 4.

[17.9893] CERTIFICATION INSTRUMENT.

The commissioner, in consultation with the commissioners of the Pollution Control
Agency and Department of Natural Resources, and the Board of Water and Soil Resources,
shall develop an analytical instrument to assess the land and water quality practices and
land and water management of agricultural operations. This instrument shall be used to
certify the water quality practices and water management of an agricultural operation are
consistent with state water quality goals and standards. The commissioner shall define a
satisfactory score for certification purposes. The certification instrument tool shall:

(1) integrate applicable existing regulatory requirements;

(2) utilize technology and prioritize ease of use;

(3) utilize a water quality index or score applicable to the landscape;

(4) incorporate a process for updates and revisions as land and water quality
practices, land and water management, and technology changes become established and
approved; and

(5) comprehensively address water quality impacts.

Sec. 5.

[17.9894] LICENSE.

Subdivision 1.

License.

Any person who offers certification services to producers
as part of this program must satisfy all criteria in subdivision 2 and be licensed by
the commissioner. A certifying agent is ineligible to provide certification services to
any producer to whom the certifying agent has also provided technical assistance. The
commissioner may set fees for the license.

Subd. 2.

Certifying agent requirements.

In order to be licensed as a certifying
agent, a person must:

(1) be an agricultural conservation professional employed by the state of Minnesota,
a Soil and Water Conservation District, the Natural Resources Conservation Service, or be
a Minnesota certified crop advisor as recognized by the American Society of Agronomy;

(2) have passed a comprehensive exam, as established by the commissioner,
evaluating the person's knowledge of water quality, soil health, best farm management
techniques, and the certification instrument; and

(3) maintain continuing education requirements as established by the commissioner.

Sec. 6.

[17.9895] DUTIES OF A CERTIFYING AGENT.

Subdivision 1.

Duties of certifying agent.

A certifying agent shall conduct formal
certification assessment utilizing the certification instrument to determine whether a
producer meets the criteria set forth in the program. If a producer satisfies all requirements,
the certifying agent shall notify the commissioner of the producer's eligibility and request
that the state issue a certificate. All records and documents used in the assessment shall be
compiled by the certifying agent and submitted to the commissioner.

Subd. 2.

Violations.

In the event a certifying agent violates any provision of this
chapter or an order of the commissioner, the commissioner may issue a written warning,
or a correction order, and may suspend or revoke a license. If a license or certificate is
suspended or revoked, the certifying agent has ten days from the suspension or revocation
to appeal. If a certifying agent appeals, the commissioner shall hold an administrative
hearing within 30 days of the suspension or revocation of the license, or longer by
agreement of the parties, to determine whether the license is revoked or suspended. The
commissioner shall issue an opinion within 30 days of the hearing. If a person notifies the
commissioner that the person intends to contest the commissioner's opinion, the Office of
Administrative Hearings shall conduct a hearing in accordance with applicable provisions
of chapter 14 for hearings in contested cases.

Sec. 7.

[17.9896] CERTIFICATION PROCEDURES.

A producer who seeks certification of eligible land shall conduct an initial
assessment using the certification instrument, obtain technical assistance, if necessary,
to achieve a satisfactory score on the certification instrument, and apply for certification
from a licensed certifying agent. A certification is valid for up to ten years, as long as
the producer maintains compliance with original certification practices. Once certified,
if a producer obtains effective control in additional agricultural land, the producer must
notify a certifying agent and obtain certification on the additional land within one year in
order to maintain the producer's original certification. The commissioner may revoke a
certification if the producer fails to obtain certification within one year on any additional
land for which the producer obtains effective control. The commissioner may revoke
a certification and seek reimbursement of any monetary benefit a producer may have
received due to certification from a producer who fails to maintain certification criteria.
The commissioner shall use the hearing and contested case process outlined in section
17.9895, subdivision 2, to revoke certification of a producer.

Sec. 8.

[17.9897] CERTIFICATION CERTAINTY.

Once a producer is certified, the producer:

(1) is exempt from any new state agency rules pertaining to water quality protection
for up to ten years from the date of certification, unless required by the legislature or by
the federal government;

(2) is considered to be meeting the producer's contributions to any targeted
reductions of pollutants during the period of certification;

(3) is required to continue implementation of practices that maintain the producer's
certification; and

(4) is required to retain all records pertaining to certification.

Sec. 9.

[17.9898] AUDITS.

The commissioner shall perform random audits of the producers and certifying
agents to ensure compliance with the program. All producers and certifying agents shall
cooperate with the commissioner during these audits, and provide all relevant documents
to the commissioner for inspection and copying. Any delay, obstruction, or refusal to
cooperate with the commissioner's audit, or falsification of or failure to provide required
data or information, is a violation subject to the provisions of section 17.9895, subdivision
2, or 17.9896.

Sec. 10.

[17.9899] DATA PRIVACY.

All data collected under this program that identifies the producer or the producer's
location shall be considered nonpublic data as defined in section 13.02, subdivision 9, or
private data on individuals as defined in section 13.02, subdivision 12. The commissioner
shall make available summary data of program outcomes.

Sec. 11.

[17.991] REPORTS.

The commissioner, in consultation with commissioners of the Pollution Control
Agency and Department of Natural Resources, and the Board of Water and Soil Resources,
shall issue a biennial report by January 15 of each odd-numbered year, to the chairs and
ranking minority members of the legislative committees with jurisdiction over agricultural
policy and finance on the status of the program, including any recommendations on
expanding the program.

Sec. 12.

[17.992] FINANCIAL ASSISTANCE.

The commissioner may use contributions from gifts or other state accounts, provided
that the purposes of the expenditures are consistent with the purpose of the accounts, for
grants, loans, or other financial assistance to producers becoming certified in the program.