HF 3635

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; adding requirements for 
  1.3             manure storage structures; requiring a report on 
  1.4             manure applicator training; requiring a generic 
  1.5             environmental impact statement on feedlots; 
  1.6             establishing a voluntary rural dispute resolution 
  1.7             procedure; appropriating money; amending Minnesota 
  1.8             Statutes 1997 Supplement, section 116.07, subdivision 
  1.9             7; Laws 1986, chapter 398, article 1, section 18, as 
  1.10            amended; proposing coding for new law in Minnesota 
  1.11            Statutes, chapter 583. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13                             ARTICLE 1
  1.14                              FEEDLOTS
  1.15     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.16  116.07, subdivision 7, is amended to read: 
  1.17     Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
  1.18  LOT PERMITS.] Any Minnesota county board may, by resolution, 
  1.19  with approval of the pollution control agency, assume 
  1.20  responsibility for processing applications for permits required 
  1.21  by the pollution control agency under this section for livestock 
  1.22  feedlots, poultry lots or other animal lots.  The responsibility 
  1.23  for permit application processing, if assumed by a county, may 
  1.24  be delegated by the county board to any appropriate county 
  1.25  officer or employee.  
  1.26     (a) For the purposes of this subdivision, the term 
  1.27  "processing" includes: 
  1.28     (1) the distribution to applicants of forms provided by the 
  2.1   pollution control agency; 
  2.2      (2) the receipt and examination of completed application 
  2.3   forms, and the certification, in writing, to the pollution 
  2.4   control agency either that the animal lot facility for which a 
  2.5   permit is sought by an applicant will comply with applicable 
  2.6   rules and standards, or, if the facility will not comply, the 
  2.7   respects in which a variance would be required for the issuance 
  2.8   of a permit; and 
  2.9      (3) rendering to applicants, upon request, assistance 
  2.10  necessary for the proper completion of an application. 
  2.11     (b) For the purposes of this subdivision, the term 
  2.12  "processing" may include, at the option of the county board, 
  2.13  issuing, denying, modifying, imposing conditions upon, or 
  2.14  revoking permits pursuant to the provisions of this section or 
  2.15  rules promulgated pursuant to it, subject to review, suspension, 
  2.16  and reversal by the pollution control agency.  The pollution 
  2.17  control agency shall, after written notification, have 15 days 
  2.18  to review, suspend, modify, or reverse the issuance of the 
  2.19  permit.  After this period, the action of the county board is 
  2.20  final, subject to appeal as provided in chapter 14. 
  2.21     (c) For the purpose of administration of rules adopted 
  2.22  under this subdivision, the commissioner and the agency may 
  2.23  provide exceptions for cases where the owner of a feedlot has 
  2.24  specific written plans to close the feedlot within five years.  
  2.25  These exceptions include waiving requirements for major capital 
  2.26  improvements. 
  2.27     (d) For purposes of this subdivision, a discharge caused by 
  2.28  an extraordinary natural event such as a precipitation event of 
  2.29  greater magnitude than the 25-year, 24-hour event, tornado, or 
  2.30  flood in excess of the 100-year flood is not a "direct discharge 
  2.31  of pollutants." 
  2.32     (e) In adopting and enforcing rules under this subdivision, 
  2.33  the commissioner shall cooperate closely with other governmental 
  2.34  agencies. 
  2.35     (f) The pollution control agency shall work with the 
  2.36  Minnesota extension service, the department of agriculture, the 
  3.1   board of water and soil resources, producer groups, local units 
  3.2   of government, as well as with appropriate federal agencies such 
  3.3   as the Soil Natural Resources Conservation Service and the 
  3.4   Agricultural Stabilization and Conservation Service Farm Service 
  3.5   Agency, to notify and educate producers of rules under this 
  3.6   subdivision at the time the rules are being developed and 
  3.7   adopted and at least every two years thereafter. 
  3.8      (g) The pollution control agency shall adopt rules 
  3.9   governing the issuance and denial of permits for livestock 
  3.10  feedlots, poultry lots or other animal lots pursuant to this 
  3.11  section.  A feedlot permit is not required for livestock 
  3.12  feedlots with more than ten but less than 50 animal units; 
  3.13  provided they are not in shoreland areas.  These rules apply 
  3.14  both to permits issued by counties and to permits issued by the 
  3.15  pollution control agency directly.  
  3.16     (h) The pollution control agency shall exercise supervising 
  3.17  authority with respect to the processing of animal lot permit 
  3.18  applications by a county. 
  3.19     (i) After May 17, 1997, any new rules or amendments to 
  3.20  existing rules proposed under the authority granted in this 
  3.21  subdivision, must be submitted to the members of legislative 
  3.22  policy committees with jurisdiction over agriculture and the 
  3.23  environment prior to final adoption.  The rules must not become 
  3.24  effective until 90 days after the proposed rules are submitted 
  3.25  to the members.  
  3.26     (j) Any plans for a manure storage structure must be 
  3.27  prepared or approved by a registered professional engineer or a 
  3.28  United States Department of Agriculture, Natural Resources 
  3.29  Conservation Service employee. 
  3.30     Sec. 2.  [REPORT ON MANURE APPLICATOR TRAINING AND 
  3.31  CERTIFICATION.] 
  3.32     The commissioner of agriculture shall conduct a study to 
  3.33  assess the need for and feasibility of a program for manure 
  3.34  applicator training and certification.  The study must analyze 
  3.35  and make recommendations regarding funding, program components 
  3.36  of manure applicator training, and likely participants in the 
  4.1   program.  The commissioner must submit a report to the members 
  4.2   of the senate and house policy committees with jurisdiction over 
  4.3   agriculture and the environment by January 20, 1999. 
  4.4      Sec. 3.  [APPROPRIATIONS.] 
  4.5      Subdivision 1.  [POLLUTION CONTROL AGENCY.] (a)  [GENERIC 
  4.6   ENVIRONMENTAL IMPACT STATEMENT.] $....... is appropriated from 
  4.7   the general fund to the pollution control agency to conduct a 
  4.8   generic environmental impact statement (GEIS) on feedlots in 
  4.9   Minnesota.  The GEIS must include an analysis of: 
  4.10     (1) the overall scope of animal agriculture in Minnesota; 
  4.11     (2) environmental issues associated with livestock 
  4.12  production; 
  4.13     (3) economic issues and impact to the state from livestock 
  4.14  production; and 
  4.15     (4) the regulation of feedlots by various units of 
  4.16  government. 
  4.17     The pollution control agency must provide for extensive 
  4.18  stakeholder participation throughout the GEIS process.  After 
  4.19  notifying the commissioner of finance, the agency may transfer 
  4.20  money appropriated in this section to other appropriate agencies 
  4.21  for activities necessary to complete the GEIS.  The commissioner 
  4.22  of finance must report transfers to the chairs of the senate 
  4.23  environment and agriculture budget division and the house 
  4.24  environment, natural resources, and agriculture finance 
  4.25  committee.  This appropriation is available until June 30, 2000. 
  4.26     (b)  [COUNTY FEEDLOT PROGRAM GRANTS.] $500,000 from the 
  4.27  general fund is added to the appropriation in fiscal year 1999 
  4.28  for county feedlot program grants in Laws 1997, chapter 216, 
  4.29  section 2, subdivision 2.  The grant amounts available to 
  4.30  counties in fiscal year 1999 shall be increased by 50 percent. 
  4.31     Subd. 2.  [COMMISSIONER OF AGRICULTURE.] $15,000,000 is 
  4.32  appropriated from the general fund to the commissioner of 
  4.33  agriculture for feedlot upgrade loans under the agricultural 
  4.34  best management practices loan program in Minnesota Statutes, 
  4.35  section 17.117.  This appropriation is available until June 30, 
  4.36  1999. 
  5.1                              ARTICLE 2
  5.2                    ALTERNATIVE DISPUTE RESOLUTION
  5.3      Section 1.  [583.311] [VOLUNTARY ALTERNATIVE DISPUTE 
  5.4   RESOLUTION.] 
  5.5      The administrator shall establish procedures and measures 
  5.6   to ensure maximum use of alternative dispute resolution under 
  5.7   this chapter for disputes in rural areas.  Referrals may be 
  5.8   accepted from courts, state agencies, local units of government, 
  5.9   or any party to a dispute involving rural land, regulation, 
  5.10  rural individuals, businesses, or property, or any matter 
  5.11  affecting rural quality of life.  The legislature encourages 
  5.12  state and federal agencies and governmental subdivisions to use 
  5.13  the services provided by the administrator under this chapter 
  5.14  and to cooperate fully when matters under this jurisdiction are 
  5.15  subjected to alternative dispute resolution methods.  The 
  5.16  administrator may set fees for participation in voluntary 
  5.17  procedures to pay all or part of the costs of providing such 
  5.18  services. 
  5.19     Sec. 2.  Laws 1986, chapter 398, article 1, section 18, as 
  5.20  amended by Laws 1987, chapter 292, section 37; Laws 1989, 
  5.21  chapter 350, article 16, section 8; Laws 1990, chapter 525, 
  5.22  section 1; Laws 1991, chapter 208, section 2; Laws 1993, First 
  5.23  Special Session chapter 2, article 6, section 2; Laws 1995, 
  5.24  chapter 212, article 2, section 11; and Laws 1997, chapter 183, 
  5.25  article 3, section 29, is amended to read: 
  5.26     Sec. 18.  [REPEALER.] 
  5.27     Sections 1 to 17 and Minnesota Statutes, section 336.9-501, 
  5.28  subsections (6) and (7), and sections 583.284, 583.285, 583.286, 
  5.29  and 583.305, are repealed on July 1, 1998 1999.