Minnesota Legislature
HF 1936
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:56am
Current Version - as introduced
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A bill for an act
relating to agriculture; establishing a star farms program; establishing the Star
Farm Board; appropriating money from the clean water fund; proposing coding
for new law in Minnesota Statutes, chapter 17.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[17.121] STAR FARMS.
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new text begin Subdivision 1. new text end
new text begin Application. new text end
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(a) A farm may apply to the Star Farm Board for
designation as a star farm. The applicant must include a copy of a star farm management
plan for the farm.
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(b) After review of the application, the Star Farm Board shall determine whether
designation as a star farm will be granted. The designation as a star farm becomes effective
the day following designation by the board. The board shall publish the decision on a star
farm designation in the State Register, including the effective date of the designation.
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(c) The star farm designation is effective until the earlier of:
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(1) five years after the date of designation; or
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(2) when the Star Farm Board finds that the farm is not fulfilling the requirements of
this section or of the star farm management plan submitted.
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(d) Within six months before the expiration date of the designation as a star farm, a
farm may apply to continue the star farm designation under this section.
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new text begin Subd. 2. new text end
new text begin Eligibility. new text end
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A farm applying for designation as a star farm must:
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(1) develop and update a star farm management plan as provided in subdivision
3; and
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(2) annually review the plan and notify appropriate state agencies and local
government units in the development and monitoring of the star farm management plan.
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new text begin Subd. 3. new text end
new text begin Star farm management plan. new text end
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(a) A star farm management plan must
contain a baseline assessment of the current condition of the farm based on scientific
information and plans for addressing the following issues:
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(1) site-specific resource concerns:
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(2) management indices of soil, water, habitat, and air quality outcomes;
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(3) management indices of specific nonpoint pollution issues;
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(4) reasonable assurance that the farm operation will meet federal, state, and local
requirements; and
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(5) reasonable assurance that the farm operation will meet all applicable TMDL
plan goals, as provided under chapter 114D.
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(b) The star farm management plan shall be updated within five years of adoption by
the farm.
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new text begin Subd. 4. new text end
new text begin State resources. new text end
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State agencies may consider star farm designation in
determining the allocation of financial and staff resources.
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Sec. 2.
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[17.122] STAR FARM BOARD.
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new text begin Subdivision 1. new text end
new text begin Establishment. new text end
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(a) The Star Farm Board shall be established as a
nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986, as
amended. The Star Farm Board shall promote and designate star farms in Minnesota
under section 17.121.
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(b) The board must work with private and public entities to leverage the resources
available to achieve and sustain the designation of Minnesota star farms. The board
may assist farms with finding appropriate technical and financial assistance and make
recommendations to state agencies and local government units regarding the manner in
which technical or financial assistance can be most effectively delivered. To the extent
that money is available, the board may secure, provide, or recommend financial assistance
to meet specific needs of farms for:
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(1) completing a star farm management plan when the farm does not have an
existing management plan, as specified in section 17.121; and
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(2) addressing specific issues of the farm to achieve or maintain the goals of the farm
management plan for farms that have achieved a star farm designation.
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(c) The board shall consist of:
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(1) three public members appointed by the speaker of the house, who have practical
knowledge of farmland conservation;
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(2) three public members appointed by the senate Subcommittee on Committees of
the Committee on Rules and Administration, who have practical knowledge of farmland
conservation;
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(3) five members, chosen by the other board members with regard to obtaining
representation from a variety of types of farms within the state, who are from farms
representing designated star farms, or until July 1, 2012, are eligible to achieve star farm
designation;
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(4) one member designated by the commissioner of natural resources;
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(5) one member designated by the commissioner of the Pollution Control Agency;
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(6) one member designated by the chair of the Board of Water and Soil Resources;
and
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(7) one member designated by the commissioner of agriculture.
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(d) By January 15 of each odd-numbered year, the board shall submit a report to
the chairs and ranking minority members of the legislative committees and divisions
with jurisdiction over agriculture and environment policy and finance on the activities
for which money has been or will be spent for the current biennium, the applications for
designation, and the star farms designated by the board.
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(e) Public members appointed by the speaker of the house and the senate
Subcommittee on Committees of the Committee on Rules and Administration serve at
the pleasure of the appointing authority.
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new text begin Subd. 2. new text end
new text begin Conflict of interest. new text end
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A board member may not participate in or vote on a
decision of the board relating to an organization in which the member has either a direct
or indirect personal financial interest. While serving on the Star Farm Board, a member
shall avoid any potential conflict of interest.
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new text begin Subd. 3. new text end
new text begin Staff; contracts. new text end
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The board may hire staff or enter into contracts to carry
out the activities of the board.
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new text begin Subd. 4. new text end
new text begin Bylaws. new text end
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The board shall adopt bylaws necessary for the conduct of the
business of the board consistent with this section. The corporation must publish bylaws
and amendments to the bylaws in the State Register.
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new text begin Subd. 5. new text end
new text begin Place of interest. new text end
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The board shall locate and maintain the board's place of
business within the state.
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new text begin Subd. 6. new text end
new text begin Chair. new text end
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The board shall annually elect from among its members a chair and
other officers necessary for the performance of its duties.
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new text begin Subd. 7. new text end
new text begin Meetings. new text end
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The board shall meet at least twice each year and may hold
additional meetings upon giving notice in accordance with the bylaws of the board. Board
meetings are subject to chapter 13D.
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new text begin Subd. 8. new text end
new text begin Funds. new text end
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The board may accept and use gifts, grants, or contributions from
any source. Unless otherwise restricted by the terms of a gift or bequest, the board may
sell, exchange, or otherwise dispose of and invest or reinvest the money, securities, or other
property given or bequested to it. The principal of these funds, the income from them, and
all other revenues received by the board from any nonstate source must be placed in the
depositories the board determines and are subject to expenditure for the board's purposes.
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new text begin Subd. 9. new text end
new text begin Accounts; audits. new text end
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The board may establish funds and accounts necessary
to carry out its responsibilities. The board shall provide for and pay the cost of an
independent audit of its official books and records by the legislative auditor subject to
sections 3.971 and 3.972. A copy of this audit shall be filed with the secretary of state.
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Sec. 3. new text begin FIRST MEETING; DEADLINE FOR APPOINTMENTS.
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The appointing authorities named in Minnesota Statutes, section 17.122, must
complete their appointments to the Star Farm Board by January 15, 2010, with the
exception of the appointments required under Minnesota Statutes, section 17.122,
subdivision 1, paragraph (c), clause (3), that must be completed within 30 days of the first
meeting of the board. The board member designated by the commissioner of agriculture
must convene the first meeting of the board no later than February 15, 2010.
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Sec. 4. new text begin APPROPRIATION.
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$....... in fiscal year 2010 and $....... in fiscal year 2011 are appropriated from the
clean water fund to the commissioner of agriculture for grants to the Star Farm Board
established under Minnesota Statutes, section 17.121. The commissioner may use up to
ten percent of the fiscal year 2010 appropriation for administration and initial meeting of
the Star Farm Board. The appropriation in fiscal year 2010 is not available until October
1, 2009.
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