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Office of the Revisor of Statutes

HF 976 Senate Long Description

Relating to state government

ARTICLE 1 - AGRICULTURE APPROPRIATIONS

Relating to agriculture; appropriating money to the department of agriculture for protection services, agricultural marketing and development, bioenergy and value-added agriculture, and administration and financial assistance, to the board of animal health, and to the agricultural utilization research institute

ARTICLE 2 - AGRICULTURE POLICY

Authorizing the commissioner of agriculture to spend federal money according to applicable federal regulations and rate structures; authorizing the commissioner to spend agricultural marketing and promotional appropriations in the same manner as a private person or organization; modifying the livestock investment grant program by eliminating the definition of qualifying period; requiring the commissioner of agriculture, in consultation with the pollution control agency (PCA), the department of natural resources (DNR), and board of water and soil resources (BWSR) to implement a Minnesota agricultural water quality certification pilot program; defining certain terms; specifying program certification instrument requirements, licensing, duties of certifying agent, certification procedures, certification certainty, audits, data collection privacy, reporting, and financial assistance requirements; modifying the definition of control for purposes of the noxious weed law; modifying the definition of eradicate for purposes of the noxious weed law; expanding the definition of propagating parts to apply to all plant parts capable of producing a new plant; establishing regulatory categories and listings for noxious weeds; modifying a reference to University of Minnesota extension; authorizing the commissioner to determine which weeds are subject to regulation broadly under the noxious weed law; eliminating an existing noxious weed transportation permit exemption; requiring the commissioner to reevaluate specially regulated plants every three years, along with all prohibited and restricted noxious weeds; requiring the noxious weed advisory committee to advise the commissioner of administration of the noxious weed law and help the commissioner develop management criteria for each weed category; expanding the membership of the noxious weed advisory committee to include representatives of the Minnesota association of county land commissioners; defining bulk pesticide storage facility; prohibiting storing pesticide in any location with an open drain; consolidating and modifying provisions prohibiting the use of public water supplies and public waters; requiring that backflow prevention devices comply with and be installed according to the Minnesota plumbing code; modifying an existing prohibition on cleaning or filling pesticide application equipment in or adjacent to waters; prohibiting filling or cleaning pesticide application equipment where pesticide or pesticide contaminated materials could enter ditches, surface water, groundwater, wells, drains, or sewers; allowing the commissioner to retain erroneously paid fees of less than $10; modifying the mandatory components of the pesticide applicator education and training program; requiring the commissioner to consult with MnSCU and other education institutions, in addition to the University of Minnesota; modifying the agricultural pesticide dealer license requirement to apply to anyone who sells or offers agricultural pesticide for sale; modifying the resident agent requirement for the agricultural pesticide dealer license to apply to anyone located outside of the state who sells or offers agricultural pesticide for sale; modifying elements of the pesticide incident response plan required of certain regulated entities; requiring structural pest control businesses to develop and maintain an incident response plan; extending certain compliance inspection established deadlines for any person or site that stores, handles or distributes ammonia or anhydrous ammonia fertilizer; modifying the commercial animal waste technician licensing program; creating separate license categories for applicators, site managers, and companies; requiring all persons and companies who apply manure or manage the application of manure to obtain a license; requiring that licensed applicators be supervised by a licensed site manager; exempting people who manage or apply manure on their employer land from license requirement; authorizing commercial waste technician licenses be valid for one year; requiring that license number appear on application equipment used; requiring applicants who meet license renewal requirements by taking a test to pay a fee determined by the commissioner of agriculture; modifying license renewal fee structure; modifying the Minnesota organic advisory task force to state that organic farming representatives must be organic farmers, rather than farmers using organic agriculture methods; modifying task force member term length and task force expiration date; expanding an existing cellulosic ethanol production goal to a cellulosic biofuel production goal; specifying the cellulosic biofuel production goal expiration date; defining the terms biobased content and biobased formulated product for purposes of the NextGen energy board; expanding the scope of the NextGen energy board to include examining the production potential of biobased content and biobased formulated products from agricultural and forestry feedstocks; extends the expiration date for the NextGen energy board; requiring the commissioner to annually report to the legislature on the allocation among eligible uses and any financial assistance provided under the agricultural growth, research and innovation program; modifies the agricultural growth, research, and innovation program to authorize three year projects/grants; requiring the commissioner to reevaluate multiyear projects before authorizing additional funding; limits projects to one multiyear grant; modifying the rural finance authority (RFA) loan restructuring program so that RFA may assess a penalty when a borrower prepays a loan; extending the impending expiration date of the Minnesota agriculture education leadership council; modifying a workforce development statute that directs the department of employment and economic development and the jobs skills partnership to promote job training that facilitates growth of the green economy in Minnesota; stating that licensed grain buyers and licensed public grain warehouse operators must comply with certain bond and claim requirements relating to grain storage; requiring the bond for a licensed public grain warehouse operator who also holds a grain buyers license to be set at the higher level of the two licenses; specifying that the entire bond would be available for claims filed against either license; defining the terms advanced biofuel, biofuel and conventional biofuel in relation to weights and measures; replacing the references to ethanol with references to biofuel when referring to blending with gasoline; modifying the statute commonly referred to as the ethanol mandate; expanding the law from one requiring only ethanol, to a law that requires biofuel generally; specifying that ethanol must comprise at least a specified percentage of total biofuel sold until 2025; eliminating certain references to the inactive E20 mandate; generalizing existing language pertaining to federal approval of ethanol in order to accommodate other biofuels that may have different methods of federal approval; modifying the state's petroleum replacement goal by decreasing the goal amount for 2015, adding additional intermediate goal levels, and increasing the 2025 goal from 25 percent to 30 percent of all gasoline sold in the state comprised of ethanol or other biofuels; modifying the activities that state agencies must perform in order to achieve the petroleum replacement goal; requiring the commissioners of agriculture, commerce, and pollution control to convene a task force to coordinate certain efforts with existing renewable energy groups to pursue federal approval of additional blends of ethanol and other biofuels and to facilitate the production and use of advanced biofuels in Minnesota; defining biobutanol in relation to the tax on petroleum; extending the sunset date of the farmer-lender mediation act; requiring commissioner of agriculture to provide waste pesticide and pollinator reporting to the legislature; specifying contents of reports; providing for revisor instruction; repealing certain duties of and the sunset date for the noxious weed advisory committee, the prohibition of using public waters to fill pesticide application equipment if the person does not use a proper and functioning anti-backsiphoning device and the E20 fuel use requirement statewide in 2015 if certain conditions are met

ARTICLE 3 - ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

Appropriating money to the pollution control agency (PCA) for water program operations, air monitoring, land protection, environmental assistance and cross-media purposes and for the remediation fund; appropriating money to the department of natural resources (DNR) for land and mineral resources management, ecological and water resource purposes, forest management, parks and trails management, fish and wildlife management, and for certain enforcement and operations support purposes; appropriating money to the board of water and soil resources (BWSR), the metropolitan council, the conservation corps of Minnesota and the zoological board

ARTICLE 4 - ENVIRONMENT AND NATURAL RESOURCES POLICY

Classifying trade secret information submitted to the pollution control (PCA) agency under product stewardship programs; authorizing the commissioner of natural resources (DNR) to establish policies for use and operation of other power-driven mobility devices for persons with disabilities for compliance with Americans with Disabilities Act (ADA); creating a fee exemption for a utility license when the utility crossing is on an existing right-of-way of a public road; specifying county and joint county regional railroad authority fee exemption for federal conveyance of trail easements on state land; authorizing the exchange of road easements by the commissioner of natural resources (DNR) and providing certain regulations; allowing snowmobile nontrail use registration and prescribing a registration fee; requiring the commissioner to designate one no registration weekend per year; extending the age for which ATV riders may receive a safety certificate; specifying conditions for ATV operation by youthful persons between certain ages; allowing ATV operation within certain areas of public road right-of-way of trunk highways under certain conditions; requiring the commissioner of natural resources to develop best management practices and habitat restoration guidelines for pollinator habitat enhancement; providing for an invasive species training exemption for certain water-related service providers; extending the Matthew Lourey Trail; exempting U.S. military personnel and dependents in possession of a certain federal pass from state park permit requirements; exempting the La Salle Lake state recreation area from the state park permit requirement; modifying the state park permit fee for persons with disabilities; requiring the commissioner to issue duplicate cross-country ski trail passes; modifying forest management investment account cost certification requirements; modifying certain provisions under the State Timber Act relating to timber rules, trespassing on state lands, forest improvement contracts, sale of damaged timber, reoffering unsold timber, fee schedules, permit holder debarment, appraisal standards and appraiser authority, sales requirements, intermediate auction sales, purchaser requirements, permit issuance and requirements, security deposit requirements for effective timber permits, securing timber permits with cutting blocks, timber permit development options, assignment of auction time permits, deferred payments, informal sale requirements, extension of timber permits, special use and product permits, prompt payment of refunds, purchase money when forfeited, timber sales records, consumer scaling, seizure of unlawfully cut timber, and reward for apprehension of trespassers; defining scram mining and providing for the term of a scram mining permit; authorizing nonresident professional wildlife rehabilitators with federal permits to possess and transport wildlife affected by oil spills; prohibiting silica sand mining a certain distance from certain trout streams in the driftless area of Minnesota unless certain permits are issues by the commissioner of natural resources; specifying silica sand mining project proposers perform certain evaluations to determine its impact on hydrogeological features including public and private drinking water supply and trout stream water quality, quantity and habitat; specifying required information to be provided to the commissioner of natural resources before the construction on a well; authorizing clean water fund money to be used to leverage federal funds through formal project partnership agreements execution; establishing a wastewater laboratory certification process; establishing an architectural paint product stewardship program and plan; modifying pollution control agency (PCA), commissioner of agriculture, emergency response commission, and municipal landfill abatement reporting requirements; modifying petroleum tank fund property acquisition expenditure requirements; providing for disposition of property acquired for corrective action; modifying PCA storage tank affidavit requirements; modifying the membership, support and administration of the environmental quality board; requiring the development of model standards and criteria for mining, processing, and transporting silica sand and other nonmetallic minerals for use by local governmental units, specifying standards and criteria requirements; requiring the board to assemble a silica sand technical assistance team; requiring an environmental review of silica sand projects; requiring the board, in conjunction with local governments, to create and maintain an online library of local government ordinances and permits; requiring assessments of water resources available for appropriation in the event an environmental assessment worksheet it necessary for a proposed action that has the potential to require a groundwater appropriation permit; requiring county boards to set the terms and conditions permitting a county auditor to sell any timber approved for sale by the commissioner of natural resources; authorizing the Hennepin county board of commissioners to petition the board of water and soil resources (BWSR) to discontinue the Hennepin soil and water conservation district and transfer duties and authority to the Hennepin county board of commissioners; requiring BWSR petition review, providing for transfer, grants, and reestablishment of the Hennepin soil and water conservation district; modifying certain landfill abatement report requirements; authorizing the Minneapolis park and recreation board to recreate Hall's Island at a certain site in Hennepin county near Scherer Brothers lumber yard; requiring the commissioner of natural resources (DNR) to grant necessary permits; extending boundaries and authorizing the use of funds for the North Mississippi regional park; modifying the pollution control agency's criteria to be applied to wastewater treatment projects based on the project's beneficial use of treated wastewater; requiring the commissioner to cancel certain timber sale permit provisions sold before a certain date that require security payment for or removal of balsam fir under certain conditions; requiring the commissioner of natural resources (DNR) to develop recommendations on additional tools needed to fully implement groundwater sustainability requirements; allowing the commissioner of natural resources (DNR) to adopt rules to conform to certain changes made concerning the possession and transportation of wildlife and the exemption of paddle boards from a requirement to display license certificates and license numbers; authorizing the pollution control agency (PCA), department of natural resources (DNR) and department of health to adopt certain rules relating to silica sand and silica sand mines; providing for interim ordinance extension or renewal prohibiting new or expanded silica sand projects; requiring the pollution control agency (PCA) commissioner to amend certain agency rules relating to potential emissions or potential to emit; repealing certain provisions related to timber lands, legislative required approval for water diversions, tree nursery program restructuring reports requirements, acid deposit control, solid waste grant and loan programs provisions and waste tire programs provisions

ARTICLE 5 - SANITARY DISTRICTS

Authorizing the restructuring of sanitary districts; establishing the creation of sanitary districts as special taxing districts; defining certain terms; specifying applicability to current sanitary districts; establishing certain procedures and authority of the sanitary districts; providing for the filing of maps in sanitary district proceedings; authorizing sanitary district annexation, detachment and dissolution under certain circumstances, specifying proceedings for sanitary district annexation, detachment and dissolution authorizing the utilization of a joint petition under certain circumstances, requiring the administrative law judge to publish notice of intent for sanitary district annexation, detachment or dissolution and designate a hearing time and place, requiring the administrative law judge to consider relevant factors when arriving at an decision, specifying role of administrative law judge in denying and authorizing an annexation, detachment or dissolution establishing certain filing requirements; requiring a joint public informational meeting of local government creation, annexation, detachment or dissolution; authorizing the pollution control agency to annex a sanitary district under certain circumstances; specifying petitioner is responsible for certain expenses; establishing certain time limits for orders and specifying appeals process and the utilization of uniform procedures; establishing a sanitary district board of managers, specifying board composition, terms, election of board, specifying the
designation of a central governing body under certain circumstances, permitting nominations for board members to be made by petitions, specifying the procedure when electing a single government body and multiple governing bodies, specifying the filling of vacancies, prescribing the certification of the election and temporary chair designation; establishing sanitation board organization and procedures; specifying the district status as a public corporation and a governmental subdivision and the district powers, authorizing certain specific powers such as pollution prevention, sewage disposal, garbage and refuse disposal, water supply procurement, and road repair; specifying provisions relating to district facilities and projects with one or more governmental subdivisions; establishing district control and regulation of sanitary facilities; authorizing the district to develop programs, surveys, studies and investigations; authorizing district to have general and statutory powers awarded to cities; establishing powers of the district board; authorizing the district board to levy taxes, assessments and service charges; authorizing the district board to have borrowing and bond issuance powers; requiring the deposit of all tax levies, assessments and other charges into the district treasury; authorizing ordinances authorized by the district to supersede other ordinances of a related governmental unit, prohibiting the duplication of facilities with any other governmental subdivision or public agency except upon approval by the district board; specifying the creation of the sanitary districts do not supersede the authority of the pollution control agency (PCA) or the department of health; specifying certain powers of the administrative law judge in relation to the sanitary districts; repealing obsolete provisions relating to sanitary districts
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