1.1 	A bill for an act
1.2 	relating to agriculture; changing certain grant and
1.3 	loan criteria; modifying feedlot notification
1.4 	requirements; changing certain livestock zoning
1.5 	regulations; amending Minnesota Statutes 2004,
1.6 	sections 116.07, subdivision 7a; 174.52, subdivision
1.7 	5; 394.25, subdivision 3c; 462.355, subdivision 4;
1.8 	462.357, by adding a subdivision.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 116.07,
1.11 	subdivision 7a, is amended to read:
1.12 		Subd. 7a.Notice of application for livestock feedlot
1.13 	permit.  (a) A person who applies to the Pollution Control
1.14 	Agency or a county board for a permit to construct or expand a
1.15 	feedlot with a capacity of 500 animal units or more
1.16 	shall, within ten days of applying for the permit and not less
1.17 	than 20 business days before the date on which a permit is
1.18 	issued, provide notice to each resident and each owner of real
1.19 	property within 5,000 feet of the perimeter of the proposed
1.20 	feedlot.  The notice may be delivered by first class mail,or in
1.21 	person, or by the publication in a newspaper of general
1.22 	circulation within the affected area and must include
1.23 	information on the type of livestock and the proposed capacity
1.24 	of the feedlot.  Notification under this subdivision is
1.25 	satisfied under an equal or greater notification requirement of
1.26 	a county conditional use permit. A person must also send a copy
1.27 	of the notice by first class mail to the clerk of the township
2.1 	in which the feedlot is proposed within ten days of applying for
2.2 	the permit and not less than 20 business days before the date on
2.3 	which a permit is issued.
2.4 	(b) The agency or a county board must verify that notice
2.5 	was provided as required under paragraph (a) prior to issuing a
2.6 	permit.

2.7 	Sec. 2. Minnesota Statutes 2004, section 174.52,
2.8 	subdivision 5, is amended to read:
2.9 		Subd. 5.Grant procedures and criteria.  The commissioner
2.10 	shall establish procedures for statutory or home rule charter
2.11 	cities, towns, and counties to apply for grants or loans from
2.12 	the fund and criteria to be used to select projects for funding.
2.13 	The commissioner shall establish these procedures and criteria
2.14 	in consultation with representatives appointed by the
2.15 	Association of Minnesota Counties, League of Minnesota
2.16 	Cities, and Minnesota Township Officers Association Association
2.17 	of Townships, and the appropriate state agency as needed.  The
2.18 	criteria for determining project priority and the amount of a
2.19 	grant or loan must be based upon consideration of:
2.20 	(1) the availability of other state, federal, and local
2.21 	funds;
2.22 	(2) the regional significance of the route;
2.23 	(3) effectiveness of the proposed project in eliminating a
2.24 	transportation system deficiency;
2.25 	(4) the number of persons who will be positively impacted
2.26 	by the project;
2.27 	(5) the project's contribution to other local, regional, or
2.28 	state economic development or redevelopment efforts; and
2.29 	(6) ability of the local unit of government to adequately
2.30 	provide for the safe operation and maintenance of the facility
2.31 	upon project completion, including the safe operation and
2.32 	maintenance of a facility serving a permitted livestock or other
2.33 	agricultural operation.

2.34 	Sec. 3. Minnesota Statutes 2004, section 394.25,
2.35 	subdivision 3c, is amended to read:
2.36 		Subd. 3c.Feedlot zoning ordinances.  (a) A county
3.1 	proposing to adopt a new feedlot ordinance or amend an existing
3.2 	feedlot ordinance must notify the Pollution Control Agency and
3.3 	commissioner of agriculture at the beginning of the process, no
3.4 	later than the notice of the first hearing proposing to adopt or
3.5 	amend an ordinance purporting to address feedlots.
3.6 	(b) Prior to final approval of a feedlot ordinance, a
3.7 	member of the county board may submit a copy of the proposed
3.8 	ordinance to the Pollution Control Agency and to the
3.9 	commissioner of agriculture and request review, comment,
3.10 	and preparation of recommendations on the environmental and
3.11 	agricultural effects from specific provisions in the ordinance.
3.12 	(c) The agencies' response to the county may include:
3.13 	(1) any recommendations for improvements in the ordinance;
3.14 	and 
3.15 	(2) the legal, social, economic, or scientific
3.16 	justification for each recommendation under clause (1).
3.17 	(d) At the request of a majority of the county board, the
3.18 	county must prepare a report on the environmental and
3.19 	agricultural economic effects from specific provisions in the
3.20 	ordinance. Economic analysis must state whether the ordinance
3.21 	will affect the local economy and describe the kinds of
3.22 	businesses affected and the projected impact the proposal will
3.23 	have on those businesses.  To assist the county, the
3.24 	commissioner of agriculture, in cooperation with the Department
3.25 	of Employment and Economic Development, must develop a template
3.26 	for measuring local economic effects and make it available to
3.27 	the county.  The report must be submitted to the commissioners
3.28 	of employment and economic development and agriculture along
3.29 	with the proposed ordinance.
3.30 	(c) The report may include:
3.31 	(1) any recommendations for improvements in the ordinance;
3.32 	and 
3.33 	(2) the legal, social, economic, or scientific
3.34 	justification for each recommendation under clause (1).
3.35 	(d) (e) A local ordinance that contains a setback for new
3.36 	feedlots from existing residences must also provide for a new
4.1 	residence setback from existing feedlots located in areas zoned
4.2 	agricultural at the same distances and conditions specified in
4.3 	the setback for new feedlots, unless the new residence is built
4.4 	to replace an existing residence.  A county may grant a variance
4.5 	from this requirement under section 394.27, subdivision 7.

4.6 	Sec. 4. Minnesota Statutes 2004, section 462.355,
4.7 	subdivision 4, is amended to read:
4.8 		Subd. 4.Interim ordinance. (a) If a municipality is
4.9 	conducting studies or has authorized a study to be conducted or
4.10 	has held or has scheduled a hearing for the purpose of
4.11 	considering adoption or amendment of a comprehensive plan or
4.12 	official controls as defined in section 462.352, subdivision 15,
4.13 	or if new territory for which plans or controls have not been
4.14 	adopted is annexed to a municipality, the governing body of the
4.15 	municipality may adopt an interim ordinance applicable to all or
4.16 	part of its jurisdiction for the purpose of protecting the
4.17 	planning process and the health, safety and welfare of its
4.18 	citizens.  The interim ordinance may regulate, restrict or
4.19 	prohibit any use, development, or subdivision within the
4.20 	jurisdiction or a portion thereof for a period not to exceed one
4.21 	year from the date it is effective.
4.22 	(b) If a proposed interim ordinance purports to regulate,
4.23 	restrict, or prohibit activities relating to livestock
4.24 	production, a public hearing must be held following a ten-day
4.25 	notice given by publication in a newspaper of general
4.26 	circulation in the municipality before the interim ordinance
4.27 	takes effect.
4.28 	(c) The period of an interim ordinance applicable to an
4.29 	area that is affected by a city's master plan for a municipal
4.30 	airport may be extended for such additional periods as the
4.31 	municipality may deem appropriate, not exceeding a total
4.32 	additional period of 18 months in the case where the Minnesota
4.33 	Department of Transportation has requested a city to review its
4.34 	master plan for a municipal airport prior to August 1, 2004.  In
4.35 	all other cases, no interim ordinance may halt, delay, or impede
4.36 	a subdivision which has been given preliminary approval, nor may
5.1 	any interim ordinance extend the time deadline for agency action
5.2 	set forth in section 15.99 with respect to any application filed
5.3 	prior to the effective date of the interim ordinance.  The
5.4 	governing body of the municipality may extend the interim
5.5 	ordinance after a public hearing and written findings have been
5.6 	adopted based upon one or more of the conditions in clause (1),
5.7 	(2), or (3).  The public hearing must be held at least 15 days
5.8 	but not more than 30 days before the expiration of the interim
5.9 	ordinance, and notice of the hearing must be published at least
5.10 	ten days before the hearing.  The interim ordinance may be
5.11 	extended for the following conditions and durations, but, except
5.12 	as provided in clause (3), an interim ordinance may not be
5.13 	extended more than an additional 18 months:
5.14 	(1) up to an additional 120 days following the receipt of
5.15 	the final approval or review by a federal, state, or
5.16 	metropolitan agency when the approval is required by law and the
5.17 	review or approval has not been completed and received by the
5.18 	municipality at least 30 days before the expiration of the
5.19 	interim ordinance;
5.20 	(2) up to an additional 120 days following the completion
5.21 	of any other process required by a state statute, federal law,
5.22 	or court order, when the process is not completed at least 30
5.23 	days before the expiration of the interim ordinance; or
5.24 	(3) up to an additional one year if the municipality has
5.25 	not adopted a comprehensive plan under this section at the time
5.26 	the interim ordinance is enacted.

5.27 	Sec. 5. Minnesota Statutes 2004, section 462.357, is
5.28 	amended by adding a subdivision to read:
5.29 		Subd. 1g.Feedlot zoning controls. (a) A municipality
5.30 	proposing to adopt a new feedlot zoning control or to amend an
5.31 	existing feedlot zoning control must notify the Pollution
5.32 	Control Agency and commissioner of agriculture at the beginning
5.33 	of the process, no later than the date notice is given of the
5.34 	first hearing proposing to adopt or amend a zoning control
5.35 	purporting to address feedlots.
5.36 	(b) Prior to final approval of a feedlot zoning control, a
6.1 	member of the governing body of a municipality may submit a copy
6.2 	of the proposed zoning control to the Pollution Control Agency
6.3 	and to the commissioner of agriculture and request review,
6.4 	comment, and recommendations on the environmental and
6.5 	agricultural effects from specific provisions in the ordinance.
6.6 	(c) The agencies' response to the municipality may include:
6.7 	(1) any recommendations for improvements in the ordinance;
6.8 	and 
6.9 	(2) the legal, social, economic, or scientific
6.10 	justification for each recommendation under clause (1).
6.11 	(d) At the request of a majority of the municipality's
6.12 	governing body, the municipality must prepare a report on the
6.13 	economic effects from specific provisions in the ordinance.
6.14 	Economic analysis must state whether the ordinance will affect
6.15 	the local economy and describe the kinds of businesses affected
6.16 	and the projected impact the proposal will have on those
6.17 	businesses.  To assist the municipality, the commissioner of
6.18 	agriculture, in cooperation with the Department of Employment
6.19 	and Economic Development, must develop a template for measuring
6.20 	local economic effects and make it available to the
6.21 	municipality.  The report must be submitted to the commissioners
6.22 	of employment and economic development and agriculture along
6.23 	with the proposed ordinance.
6.24 	(e) A local ordinance that contains a setback for new
6.25 	feedlots from existing residences must also provide for a new
6.26 	residence setback from existing feedlots located in areas zoned
6.27 	agricultural at the same distances and conditions specified in
6.28 	the setback for new feedlots, unless the new residence is built
6.29 	to replace an existing residence.  A municipality may grant a
6.30 	variance from this requirement under section 462.358,
6.31 	subdivision 6.

6.32 	Sec. 6. EFFECTIVE DATE.
 6.33 	This act is effective the day following final enactment.