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HF 582

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/18/2015 12:26pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/05/2015
1st Engrossment Posted on 03/18/2015

Current Version - 1st Engrossment

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A bill for an act
relating to environment; providing for livestock production facility nuisance
claims relating to odor; amending Minnesota Statutes 2014, sections 116.0713;
561.19, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 116.0713, is amended to read:


116.0713 LIVESTOCK ODOR.

(a) The Pollution Control Agency must:

(1) monitor and identify potential livestocknew text begin productionnew text end facility violations of the state
ambient air quality standards for hydrogen sulfide, using a protocol for responding to
citizen complaints regarding feedlot odor and its hydrogen sulfide component, including
the appropriate use of portable monitoring equipment that enables monitoring staff to
follow plumes;

(2) when livestock production facilities are found to be in violation of ambient
hydrogen sulfide standards, take appropriate actions necessary to ensure compliance,
utilizing appropriate technical assistance and enforcement and penalty authorities provided
to the agency by statute and rule.

(b) Livestock production facilities are exempt from state ambient air quality
standards while manure is being removed and for seven days after manure is removed
from barns or manure storage facilities.

(c) For a livestock production facility having greater than 300 animal units, the
maximum cumulative exemption in a calendar year under paragraph (b) is 21 days for
the removal process.

(d) The operator of a livestock production facility that claims exemption from state
ambient air quality standards under paragraph (b) must provide notice of that claim to either
the Pollution Control Agency or the county feedlot officer delegated under section 116.07.

(e) State ambient air quality standards are applicable at the property boundary of a
farm or a parcel of agricultural land on which a livestock production facility is located,
except that if the owner or operator of the farm or parcel obtains an air quality easement
from the owner of land adjoining the farm or parcel, the air quality standards must be
applicable at the property boundary of the adjoining land to which the easement pertains.
The air quality easement must be for no more than five years, must be in writing, and must
be available upon request by the agency or the county feedlot officer. Notwithstanding
the provisions of this paragraph, state ambient air quality standards are applicable at
locations to which the general public has access. The "general public" does not include
employees or other categories of people who have been directly authorized by the property
owner to enter or remain on the property for a limited period of time and for a specific
purpose, or trespassers.

(f) The agency may not require air emission modeling for a type of livestock system
that has not had a hydrogen sulfide emission violation.

new text begin (g) Pursuant to section 561.19, subdivision 2a, a livestock production facility is not
and shall not be, as a matter of law, subject to a private or public nuisance claim related
to livestock odor, unless:
new text end

new text begin (1) before such claim is filed, the livestock production facility is in violation of the
state ambient air quality standards for hydrogen sulfide under paragraph (a), clause (1);
new text end

new text begin (2) the violation of the state ambient air quality standards for hydrogen sulfide under
paragraph (a), clause (1), did not occur when the livestock production facility was exempt
from the state ambient air quality standards under paragraphs (b) to (d); and
new text end

new text begin (3) at the time such claim is filed, the livestock production facility has not taken the
actions directed by the Pollution Control Agency as necessary to ensure compliance with
the state ambient air quality standards for hydrogen sulfide under paragraph (a), clause (2).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to claims
filed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 561.19, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Adverse impact required; compliance with state standards. new text end

new text begin (a) An
agricultural operation is not and shall not be, as a matter of law, subject to a private or
public nuisance claim if that agricultural operation has no measurable adverse impact
related to the alleged nuisance on the allegedly impacted property.
new text end

new text begin (b) An agricultural operation is not and shall not be, as a matter of law, subject to a
private or public nuisance claim related to noise if that agricultural operation is operating
in compliance with the state noise standards.
new text end

new text begin (c) An agricultural operation is not and shall not be, as a matter of law, subject to a
private or public nuisance claim related to a pollutant or air contaminant in the state
ambient air quality standards if the agricultural operation is in compliance with the state
ambient air quality standards for that pollutant or air contaminant.
new text end

new text begin (d) Consistent with section 116.0713, paragraph (g), an agricultural operation is not
and shall not be, as a matter of law, subject to a private or public nuisance claim related
to livestock odor if:
new text end

new text begin (1) the Pollution Control Agency finds that the agricultural operation is in
compliance with the state ambient air quality standards for hydrogen sulfide under section
116.0713, paragraph (a), clause (1); or
new text end

new text begin (2) the Pollution Control Agency finds that the agricultural operation is in violation
of the state ambient air quality standards for hydrogen sulfide under section 116.0713,
paragraph (a), clause (1); but
new text end

new text begin (i) the violation occurred when the agricultural operation was exempt from the state
ambient air quality standards under section 116.0713, paragraphs (b) to (d); or
new text end

new text begin (ii) the agricultural operation takes appropriate actions necessary to ensure
compliance with the ambient air quality standards for hydrogen sulfide as directed by the
Pollution Control Agency under section 116.0713, paragraph (a), clause (2).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to claims
filed on or after that date.
new text end