HF 1175

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2013 03:36pm

A bill for an act
relating to agriculture; establishing the Minnesota agricultural water quality
program; authorizing rulemaking; requiring reports; proposing coding for new
law in Minnesota Statutes, chapter 17.

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

Section 1.

new text begin [17.9891] PURPOSE.
new text end

new text begin The commissioner, in consultation with the Pollution Control Agency (PCA),
Department of Natural Resources (DNR), and Board of Water and Soil Resources
(BWSR), may implement a Minnesota agricultural water quality certification program
(MAWQCP) whereby a producer who demonstrates practices and management sufficient
to protect water quality is certified for up to ten years and presumed to be contributing
the producer's share of any targeted reduction of water pollutants during the certification
period. The program is voluntary. The program will first be piloted in selected watersheds
across the state, until such time as the commissioner, in consultation with the PCA, DNR,
and BWSR, determines the program is ready to be expanded.
new text end

Sec. 2.

new text begin [17.9892] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The definitions in this section apply to sections
17.9891 to 17.993.
new text end

new text begin Subd. 2. new text end

new text begin Technical assistance. new text end

new text begin "Technical assistance" means professional, advisory,
or cost-share assistance provided to individuals that is designed to achieve MAWQCP
certification.
new text end

new text begin Subd. 3. new text end

new text begin Certifying agent. new text end

new text begin "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 program.
new text end

new text begin Subd. 4. new text end

new text begin Certification. new text end

new text begin "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 verified by a certifying agent. A certification is valid for up to
ten years, as long as the producer maintains compliance with original certification practices.
new text end

new text begin Subd. 5. new text end

new text begin Eligible land. new text end

new text begin "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 is operated
by the producer with equipment, labor, and management.
new text end

new text begin Subd. 6. new text end

new text begin Effective control. new text end

new text begin "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.
new text end

Sec. 3.

new text begin [17.9893] CERTIFICATION INSTRUMENT.
new text end

new text begin The commissioner, in consultation with the PCA, DNR, and BWSR, shall develop an
analytical instrument to assess the water quality practices and management of agricultural
operations. This instrument shall be used to certify the water quality practices and
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:
new text end

new text begin (1) integrate applicable existing regulatory requirements;
new text end

new text begin (2) utilize technology and prioritize ease of use;
new text end

new text begin (3) utilize a water quality index or score applicable to the landscape;
new text end

new text begin (4) incorporate a process for updates and revisions as practices, management, and
technology changes become established and approved; and
new text end

new text begin (5) comprehensively address water quality impacts.
new text end

Sec. 4.

new text begin [17.9894] LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin License. new text end

new text begin 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
department may set fees for such license.
new text end

new text begin Subd. 2. new text end

new text begin Certifying agent requirements. new text end

new text begin In order to be licensed as a certifying
agent, a person must:
new text end

new text begin (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; and
new text end

new text begin (2) have passed a comprehensive exam, as set by the commissioner, evaluating
knowledge of water quality, soil health, best farm management techniques, and the
certification instrument; and
new text end

new text begin (3) maintain continuing education requirements as set by the commissioner.
new text end

Sec. 5.

new text begin [17.9895] DUTIES OF A CERTIFYING AGENT.
new text end

new text begin Subdivision 1. new text end

new text begin Duties of certifying agent. new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin Violations. new text end

new text begin In the event a certifying agent violates any provision of
sections 17.9891 to 17.993 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. 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 the applicable
provisions of chapter 14 for hearings in contested cases.
new text end

Sec. 6.

new text begin [17.9896] CERTIFICATION PROCEDURES.
new text end

new text begin 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. 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 terminate a certification if the producer fails
to obtain certification 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 revoke a certification
through the hearing process outlined in section 17.9895, subdivision 2.
new text end

Sec. 7.

new text begin [17.9897] CERTIFICATION CERTAINTY.
new text end

new text begin (a) Once a producer is certified, the producer:
new text end

new text begin (1) will retain certification for up to ten years from the date of certification if the
producer complies with the certification agreement even if the producer does not comply
with new state water protection laws or rules that take effect during the certification period;
new text end

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

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

new text begin (4) is required to retain all records pertaining to certification.
new text end

new text begin (b) Paragraph (a) does not preclude enforcement of a local ordinance by a local
unit of government.
new text end

Sec. 8.

new text begin [17.9898] AUDITS.
new text end

new text begin 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.
new text end

Sec. 9.

new text begin [17.9899] DATA.
new text end

new text begin 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 on data classified as private
or nonpublic under this section.
new text end

Sec. 10.

new text begin [17.991] RULEMAKING.
new text end

new text begin The commissioner may develop rules to implement this program.
new text end

Sec. 11.

new text begin [17.992] REPORTS.
new text end

new text begin The commissioner, in consultation with the DNR, BWSR, and PCA, shall issue a
biennial report to the chairs and ranking minority members of the legislative committees
with jurisdiction over agricultural policy on the status of the program.
new text end

Sec. 12.

new text begin [17.993] GRANTING.
new text end

new text begin 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.
new text end