HF 1456

as introduced - 89th Legislature (2015 - 2016) Posted on 03/04/2015 11:35am

A bill for an act
relating to agriculture; establishing a perennial feedstock program; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 41A.

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

Section 1.

new text begin [41A.18] PERENNIAL FEEDSTOCK PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meaning given.
new text end

new text begin (b) "Advanced biofuel" has the meaning given in section 239.051, subdivision 1a.
new text end

new text begin (c) "Agricultural use" has the meaning given in section 17.81, subdivision 4.
new text end

new text begin (d) "Board" means the Board of Water and Soil Resources.
new text end

new text begin (e) "Perennial crops" means agriculturally produced plants that are known to be
noninvasive and not listed as a noxious weed in Minnesota and that have a life cycle of at
least three years at the location where the plants are being cultivated. Biomass from alfalfa
produced in a two-year rotation shall be considered a perennial crop.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The board shall administer a perennial feedstock program
to incentivize the establishment and maintenance of perennial agricultural crops. The
board shall contract with landowners and give priority to contracts that implement water
protection actions as identified in a completed watershed restoration and protection
strategy developed under section 114D.26.
new text end

new text begin Subd. 3. new text end

new text begin Eligible land. new text end

new text begin Land eligible under this section must:
new text end

new text begin (1) have been in agricultural use or have been set aside, enrolled, or diverted under
another federal or state government program for at least two of the last five years before
the date of application; and
new text end

new text begin (2) not be currently set aside, enrolled, or diverted under another federal or state
government program.
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new text begin Subd. 4. new text end

new text begin Contract terms. new text end

new text begin (a) The board shall offer a contract rate of no more
than 90 percent of the most recent federal conservation reserve program payment for the
county in which the land is located. The board may make additional payments to assist
with the establishment of perennial crops.
new text end

new text begin (b) Contracts must be at least ten years in duration.
new text end

new text begin (c) Perennial crops grown on lands enrolled under this section may be used for
advanced biofuel feedstock or livestock feed. Mechanical harvest is not allowed before
July 1 in any year.
new text end

new text begin (d) The board may establish additional contract terms.
new text end

new text begin Subd. 5. new text end

new text begin Pilot watershed selection. new text end

new text begin The board may select up to two watersheds in
which to conduct an initial pilot program of up to 200,000 total acres. Project watersheds
must have, as determined by the board:
new text end

new text begin (1) a completed watershed restoration and protection strategy developed under
section 114D.26, or a hydrological simulation program model developed by the Pollution
Control Agency;
new text end

new text begin (2) multiple water quality impairments resulting primarily from agricultural practices;
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new text begin (3) a viable proposed advanced biofuel production facility located within 50 miles
of the perennial feedstock grown under this section; and
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new text begin (4) sufficient additional acres of cropland available for perennial crop production to
adequately supply the proposed advanced biofuel production facility.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2016 and $....... in fiscal year 2017 are appropriated from the
general fund to the Board of Water and Soil Resources for purposes of section 1.
new text end