4th Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to agriculture; amending feedlot permit 1.3 provisions; providing for training and certification; 1.4 defining terms; providing a moratorium; providing 1.5 specific requirements for feedlot permit rules; adding 1.6 requirements for administrative penalty orders; 1.7 requiring a report, a study, and a plan; amending 1.8 Minnesota Statutes 1998, sections 116.06, by adding a 1.9 subdivision; 116.07, subdivision 7c; and 116.0713; 1.10 Minnesota Statutes 1999 Supplement, sections 116.07, 1.11 subdivision 7; and 116.072, subdivision 13; Laws 1998, 1.12 chapter 40, section 52; proposing coding for new law 1.13 in Minnesota Statutes, chapter 18C. 1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15 Section 1. [18C.432] [MANURE APPLICATOR EDUCATION AND 1.16 TRAINING.] 1.17 Subdivision 1. [EDUCATION AND TRAINING.] (a) The 1.18 commissioner shall develop, in conjunction with the University 1.19 of Minnesota extension service, innovative educational and 1.20 training programs addressing manure applicator concerns, 1.21 including water quality protection and the development of manure 1.22 management plans. 1.23 (b) The commissioner shall appoint educational planning 1.24 committees which must include representatives of industry. 1.25 (c) Specific current regulatory concerns must be discussed 1.26 and, if appropriate, incorporated into each training session. 1.27 (d) The commissioner may approve programs from private 1.28 industry and nonprofit organizations that meet minimum 1.29 requirements for education, training, and certification. 2.1 (e) The commissioner shall report to the house and senate 2.2 agriculture policy and funding committees by January 30, 2001, 2.3 with recommendations for training, examination, certification, 2.4 and costs of a private applicator manure certification program. 2.5 Subd. 2. [TRAINING MANUAL AND EXAMINATION 2.6 DEVELOPMENT.] The commissioner, in conjunction with the 2.7 University of Minnesota extension service, shall continually 2.8 revise and update manure applicator training manuals and 2.9 examinations. Questions in the examinations must be determined 2.10 by the commissioner. Manuals and examinations must include 2.11 manure management practices that discuss prevention of manure 2.12 occurrence in waters of the state. 2.13 Sec. 2. [18C.433] [PRIVATE MANURE APPLICATOR 2.14 CERTIFICATION.] 2.15 Subdivision 1. [REQUIREMENT.] Beginning January 1, 2005, 2.16 except for a commercial animal waste technician, only a 2.17 certified private manure applicator may apply animal waste from 2.18 a feedlot that: 2.19 (1) has a capacity of 300 animal units or more; and 2.20 (2) does not have an updated manure management plan that 2.21 meets the requirements of pollution control agency rules. 2.22 Subd. 2. [CERTIFICATION.] (a) The commissioner shall 2.23 prescribe certification requirements and provide training. The 2.24 training may be done in cooperation with other government 2.25 agencies and must be at least three hours in duration. 2.26 (b) A person must apply to the commissioner for 2.27 certification as a private manure applicator. The certification 2.28 expires March 1 of the third calendar year after the initial 2.29 year of certification. 2.30 (c) The commissioner shall issue a private manure 2.31 applicator card to a certified private manure applicator. 2.32 Subd. 3. [FEES.] (a) A person applying to be certified as 2.33 a private manure applicator must pay a nonrefundable $10 2.34 application fee. 2.35 (b) A $5 fee must be paid for the issuance of a duplicate 2.36 private manure applicator card. 3.1 Sec. 3. Minnesota Statutes 1998, section 116.06, is 3.2 amended by adding a subdivision to read: 3.3 Subd. 4a. [ANIMAL UNIT.] "Animal unit" means a unit of 3.4 measure used to compare differences in the production of animal 3.5 manure that employs as a standard the amount of manure produced 3.6 on a regular basis by a slaughter steer or heifer for an animal 3.7 feedlot or manure storage area calculated by multiplying the 3.8 number of animals of each type in clauses (1) to (9) by the 3.9 respective multiplication factor and summing the resulting 3.10 values for the total number of animal units. For purposes of 3.11 this chapter, the following multiplication factors apply: 3.12 (1) one mature dairy cow, whether milked or dry: 3.13 (i) over 1,000 pounds, 1.4 animal units; or 3.14 (ii) under 1,000 pounds, 1.0 animal unit; 3.15 (2) one cow and calf pair, 1.2 units; 3.16 (3) one calf, 0.2 unit; 3.17 (4) one slaughter steer, 1.0 animal unit; 3.18 (5) head of feeder cattle or heifer, 0.7 unit; 3.19 (6) one head of swine: 3.20 (i) over 300 pounds, 0.4 animal unit; 3.21 (ii) between 55 pounds and 300 pounds, 0.3 animal unit; and 3.22 (iii) under 55 pounds, 0.05 animal unit; 3.23 (7) one horse, 1.0 animal unit; 3.24 (8) one sheep or lamb, 0.1 animal unit; 3.25 (9) one chicken: 3.26 (i) one laying hen or broiler, if the facility has a liquid 3.27 manure system, 0.033 animal unit; or 3.28 (ii) one chicken if the facility has a dry manure system: 3.29 (A) over five pounds, 0.005 animal unit; or 3.30 (B) under five pounds, 0.003 animal unit; 3.31 (10) one turkey: 3.32 (i) over five pounds, 0.018 animal unit; or 3.33 (ii) under five pounds, 0.005 animal unit; 3.34 (11) one duck, 0.01 animal unit; and 3.35 (12) for animals not listed in clauses (1) to (8), the 3.36 number of animal units is the average weight of the animal in 4.1 pounds divided by 1,000 pounds. 4.2 Sec. 4. Minnesota Statutes 1999 Supplement, section 4.3 116.07, subdivision 7, is amended to read: 4.4 Subd. 7. [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 4.5 LOT PERMITS.] Any Minnesota county board may, by resolution, 4.6 with approval of the pollution control agency, assume 4.7 responsibility for processing applications for permits required 4.8 by the pollution control agency under this section for livestock 4.9 feedlots, poultry lots or other animal lots. The responsibility 4.10 for permit application processing, if assumed by a county, may 4.11 be delegated by the county board to any appropriate county 4.12 officer or employee. 4.13 (a) For the purposes of this subdivision, the term 4.14 "processing" includes: 4.15 (1) the distribution to applicants of forms provided by the 4.16 pollution control agency; 4.17 (2) the receipt and examination of completed application 4.18 forms, and the certification, in writing, to the pollution 4.19 control agency either that the animal lot facility for which a 4.20 permit is sought by an applicant will comply with applicable 4.21 rules and standards, or, if the facility will not comply, the 4.22 respects in which a variance would be required for the issuance 4.23 of a permit; and 4.24 (3) rendering to applicants, upon request, assistance 4.25 necessary for the proper completion of an application. 4.26 (b) For the purposes of this subdivision, the term 4.27 "processing" may include, at the option of the county board, 4.28 issuing, denying, modifying, imposing conditions upon, or 4.29 revoking permits pursuant to the provisions of this section or 4.30 rules promulgated pursuant to it, subject to review, suspension, 4.31 and reversal by the pollution control agency. The pollution 4.32 control agency shall, after written notification, have 15 days 4.33 to review, suspend, modify, or reverse the issuance of the 4.34 permit. After this period, the action of the county board is 4.35 final, subject to appeal as provided in chapter 14. For permit 4.36 applications filed after October 1, 2001, section 15.99 applies 5.1 to feedlot permits issued by the agency or a county pursuant to 5.2 this subdivision. 5.3 (c) For the purpose of administration of rules adopted 5.4 under this subdivision, the commissioner and the agency may 5.5 provide exceptions for cases where the owner of a feedlot has 5.6 specific written plans to close the feedlot within five years. 5.7 These exceptions include waiving requirements for major capital 5.8 improvements. 5.9 (d) For purposes of this subdivision, a discharge caused by 5.10 an extraordinary natural event such as a precipitation event of 5.11 greater magnitude than the 25-year, 24-hour event, tornado, or 5.12 flood in excess of the 100-year flood is not a "direct discharge 5.13 of pollutants." 5.14 (e) In adopting and enforcing rules under this subdivision, 5.15 the commissioner shall cooperate closely with other governmental 5.16 agencies. 5.17 (f) The pollution control agency shall work with the 5.18 Minnesota extension service, the department of agriculture, the 5.19 board of water and soil resources, producer groups, local units 5.20 of government, as well as with appropriate federal agencies such 5.21 as the Natural Resources Conservation Service and the Farm 5.22 Service Agency, to notify and educate producers of rules under 5.23 this subdivision at the time the rules are being developed and 5.24 adopted and at least every two years thereafter. 5.25 (g) The pollution control agency shall adopt rules 5.26 governing the issuance and denial of permits for livestock 5.27 feedlots, poultry lots or other animal lots pursuant to this 5.28 section. A feedlot permit is not required for livestock 5.29 feedlots with more than ten but less than 50 animal units; 5.30 provided they are not in shoreland areas. A livestock feedlot 5.31 permit does not become required solely because of a change in 5.32 the ownership of the buildings, grounds, or feedlot. These 5.33 rules apply both to permits issued by counties and to permits 5.34 issued by the pollution control agency directly. 5.35 (h) The pollution control agency shall exercise supervising 5.36 authority with respect to the processing of animal lot permit 6.1 applications by a county. 6.2 (i) Any new rules or amendments to existing rules proposed 6.3 under the authority granted in this subdivision, or to implement 6.4 new fees on animal feedlots, must be submitted to the members of 6.5 legislative policy and finance committees with jurisdiction over 6.6 agriculture and the environment prior to final adoption. The 6.7 rules must not become effective until 90 days after the proposed 6.8 rules are submitted to the members. 6.9 (j) Until new rules are adopted that provide for plans for 6.10 manure storage structures, any plans for a liquid manure storage 6.11 structure must be prepared or approved by a registered 6.12 professional engineer or a United States Department of 6.13 Agriculture, Natural Resources Conservation Service employee. 6.14 (k) A county may adopt by ordinance standards for animal 6.15 feedlots that are more stringent than standards in pollution 6.16 control agency rules. 6.17 (l) After January 1, 2001, a county that has not accepted 6.18 delegation of the feedlot permit program must hold a public 6.19 meeting prior to the agency issuing a feedlot permit for a 6.20 feedlot facility with 300 or more animal units, unless another 6.21 public meeting has been held with regard to the feedlot facility 6.22 to be permitted. 6.23 (m) After the proposed rules published in the State 6.24 Register, volume 24, number 25, are finally adopted, the agency 6.25 may not impose additional conditions as a part of a feedlot 6.26 permit, unless specifically required by law or agreed to by the 6.27 feedlot operator. 6.28 (n) For the purposes of feedlot permitting, a discharge 6.29 from land-applied manure or a manure stockpile that is managed 6.30 according to agency rule must not be subject to a fine for a 6.31 discharge violation. 6.32 (o) For the purposes of feedlot permitting, manure that is 6.33 land applied, or a manure stockpile that is managed according to 6.34 agency rule, must not be considered a discharge into waters of 6.35 the state, unless the discharge is to waters of the state, as 6.36 defined by section 103G.005, subdivision 17, except type 1 or 7.1 type 2 wetlands, as defined in section 103G.005, subdivision 7.2 17b, and does not meet discharge standards established for 7.3 feedlots under agency rule. 7.4 (p) Unless the upgrade is needed to correct an immediate 7.5 public health threat under section 145A.04, subdivision 8, the 7.6 agency may not require a feedlot operator: 7.7 (1) to spend more than $3,000 to upgrade an existing 7.8 feedlot with less than 300 animal units unless cost-share money 7.9 is available to the feedlot operator for 75 percent of the cost 7.10 of the upgrade; or 7.11 (2) to spend more than $10,000 to upgrade an existing 7.12 feedlot with between 300 and 500 animal units, unless cost-share 7.13 money is available to the feedlot operator for 75 percent of the 7.14 cost of the upgrade or $50,000, whichever is less. 7.15 Sec. 5. Minnesota Statutes 1998, section 116.07, 7.16 subdivision 7c, is amended to read: 7.17 Subd. 7c. [NPDES PERMITTING REQUIREMENTS.] (a) The agency 7.18 must issue National Pollutant Discharge Elimination System 7.19 permits for feedlots with 1,000 animal units or more and that 7.20 meet the definition of a "concentrated animal feeding operation" 7.21 in Code of Federal Regulations, title 40, section 122.23, based 7.22 on the following
schedule: 7.23 (1) for applications received after April 22, 1998, a7.24 permit for a newly constructed or expanded animal feedlot with7.25 2,000 or more animal units must be issued as an individual7.26 permit;7.27 (2) for applications received after January 1, 1999,a 7.28 permit for a newly constructed or expanded animal feedlot with7.29 between 1,000 and 2,000 animal unitsthat is identified as a 7.30 priority by the commissioner, using criteria established under 7.31 paragraph (e)(d), must be issued as an individual permit; and7.32 (3)(2) after January 1, 2001, allan existing feedlots7.33 with 1,000 or more animal unitsfeedlot that is identified as a 7.34 priority by the commissioner, using criteria established under 7.35 paragraph (e) must be issued as an individual or general7.36 National Pollutant Discharge Elimination Systempermit .; and 8.1 (b) By October 1, 1999,(3) the agency must issue a general 8.2 National Pollutant Discharge Elimination System permit for 8.3 animal feedlots with between 1,000 and 2,000 animal unitsthat 8.4 are not identified under paragraph (a),clause (1) or (2). 8.5 (c)(b) Prior to the issuance of a general National 8.6 Pollutant Discharge Elimination System permit for a category of 8.7 animal feedlot facility permittees, the agency must hold at 8.8 least one public hearing on the permit issuance. 8.9 (d)(c) To the extent practicable, the agency must include 8.10 a public notice and comment period for an individual National 8.11 Pollutant Discharge Elimination System permit concurrent with 8.12 any public notice and comment for: 8.13 (1) the purpose of environmental review of the same 8.14 facility under chapter 116D; or 8.15 (2) the purpose of obtaining a conditional use permit from 8.16 a local unit of government where the local government unit is 8.17 the responsible governmental unit for purposes of environmental 8.18 review under chapter 116D. 8.19 (e) By January 1, 1999,(d) The commissioner, in 8.20 consultation with the feedlot and manure management advisory 8.21 committee, created under section 17.136, and other interested 8.22 parties must develop criteria for determining whether an 8.23 individual National Pollutant Discharge Elimination System 8.24 permit is required under paragraph (a), clause (2), for an8.25 animal feedlot with between 1,000 and 2,000 animal units(1). 8.26 The criteria must be based on proximity to waters of the state, 8.27 facility design, and other site-specific environmental factors. 8.28 (f) By January 1, 2000,(e) The commissioner, in 8.29 consultation with the feedlot and manure management advisory 8.30 committee, created under section 17.136, and other interested 8.31 parties must develop criteria for determining whether an 8.32 individual National Pollutant Discharge Elimination System 8.33 permit is required for an existing animal feedlot, under 8.34 paragraph (a), clause (3)(2). The criteria must be based on 8.35 violations and other compliance problems at the facility. 8.36 (f) The commissioner, in consultation with the feedlot and 9.1 manure management advisory committee, created under section 9.2 17.136, and other interested parties must develop criteria for 9.3 determining when an individual National Pollutant Discharge 9.4 Elimination System permit is transferred from individual to 9.5 general permit status. 9.6 (g) Notwithstanding the provisions in paragraph (a), until 9.7 January 1, 2001, the commissioner may issue an individual 9.8 National Pollutant Discharge Elimination System permit for an 9.9 animal feedlot. After the general permit is issued and the 9.10 criteria under paragraphs (d) and (e) are developed, individual 9.11 permits issued pursuant to this paragraph that do not fit the 9.12 criteria for an individual permit under the applicable 9.13 provisions of paragraph (d) or (e) must be transferred to 9.14 general permit status. 9.15 (h) The commissioner, in consultation with the feedlot and 9.16 manure management advisory committee, created under section 9.17 17.136, and other interested parties must develop criteria for 9.18 determining which feedlots are required to apply for and obtain 9.19 a National Pollutant Discharge Elimination System permit and 9.20 which feedlots are required to apply for and obtain a state 9.21 disposal system permit based upon the actual or potential to 9.22 discharge. 9.23 Sec. 6. Minnesota Statutes 1998, section 116.0713, is 9.24 amended to read: 9.25 116.0713 [LIVESTOCK ODOR.] 9.26 (a) The pollution control agency must: 9.27 (1) monitor and identify potential livestock facility 9.28 violations of the state ambient air quality standards for 9.29 hydrogen sulfide, using a protocol for responding to citizen 9.30 complaints regarding feedlot odor and its hydrogen sulfide 9.31 component, including the appropriate use of portable monitoring 9.32 equipment that enables monitoring staff to follow plumes; 9.33 (2) when livestock production facilities are found to be in 9.34 violation of ambient hydrogen sulfide standards, take 9.35 appropriate actions necessary to ensure compliance, utilizing 9.36 appropriate technical assistance and enforcement and penalty 10.1 authorities provided to the agency by statute and rule. 10.2 (b) Livestock production facilities are exempt from state 10.3 ambient air quality standards while manure is being removed and 10.4 for seven days after manure is removed from barns or manure 10.5 storage facilities. 10.6 (c) For a livestock production facility having greater than 10.7 300 animal units, the maximum cumulative exemption in a calendar 10.8 year under paragraph (b) is 21 days for the removal process. 10.9 (d) The operator of a livestock production facility that 10.10 claims exemption from state ambient air quality standards under 10.11 paragraph (b) must provide notice of that claim to either the 10.12 pollution control agency or the county feedlot officer delegated 10.13 under section 116.07. 10.14 (e) State ambient air quality standards are applicable at 10.15 the property boundary of a farm or a parcel of agricultural land 10.16 on which a livestock production facility is located, except that 10.17 if the owner or operator of the farm or parcel obtains an air 10.18 quality easement from the owner of land adjoining the farm or 10.19 parcel, the air quality standards must be applicable at the 10.20 property boundary of the adjoining land to which the easement 10.21 pertains. The air quality easement must be for no more than 10.22 five years, must be in writing, and must be available upon 10.23 request by the agency or the county feedlot officer. 10.24 Notwithstanding the provisions of this paragraph, state ambient 10.25 air quality standards are applicable at locations to which the 10.26 general public has access. The "general public" does not 10.27 include employees or other categories of people who have been 10.28 directly authorized by the property owner to enter or remain on 10.29 the property for a limited period of time and for a specific 10.30 purpose, or trespassers. 10.31 (f) The agency may not require air emission modeling for a 10.32 type of livestock system that has not had a hydrogen sulfide 10.33 emission violation. 10.34 Sec. 7. Minnesota Statutes 1999 Supplement, section 10.35 116.072, subdivision 13, is amended to read: 10.36 Subd. 13. [FEEDLOT ADMINISTRATIVE PENALTY ORDERS.] (a) 11.1 Prior to the commissioner proposing an administrative penalty 11.2 order to a feedlot operator for a violation of feedlot laws or 11.3 rules, the agency staff who will determine if a penalty is 11.4 appropriate and who will determine the size of the penalty shall 11.5 offer to meet with the feedlot operator to discuss the 11.6 violation, and to allow the feedlot operator to present any 11.7 information that may affect any agency decisions on the 11.8 administrative penalty order. 11.9 (b) Notwithstanding subdivision 5, for seriousfeedlot law 11.10 or rule violations for which an administrative penalty order is 11.11 issued under this section, not less than 75 percent of the 11.12 penalty maymust be forgiven if: 11.13 (1) the abated penalty is used for approved measures to 11.14 mitigate the violation for which the administrative penalty 11.15 order was issued or for environmental improvements to the farm; 11.16 and 11.17 (2) the commissioner determines that the violation has been 11.18 corrected or that appropriate steps are being taken to correct 11.19 the action. 11.20 Sec. 8. Laws 1998, chapter 401, section 52, is amended to 11.21 read: 11.22 Sec. 52. [PERMIT REQUIREMENTS.] 11.23 Until June 30, 2000six months after preparation and final 11.24 approval by the environmental quality board of the generic 11.25 environmental impact statement required under Laws 1998, chapter 11.26 366, section 86, subdivision 2, or June 1 following approval of 11.27 the statement, whichever date is later, neither the pollution 11.28 control agency nor a county board may issue a permit for the 11.29 construction of an open-air clay, earthen, or flexible membrane 11.30 lined swine waste lagoon. This section does not apply to repair 11.31 or modification related to an environmental improvement of an 11.32 existing lagoon. 11.33 Sec. 9. [TIMELY RESPONSE TO PERMIT APPLICATIONS; REPORT ON 11.34 NEEDS.] 11.35 If the agency determines that it is unable to accomplish 11.36 timely response to animal feedlot permit applications under 12.1 Minnesota Statutes, section 15.99, using existing resources, the 12.2 commissioner shall, not later than October 15, 2000, report to 12.3 the commissioner of finance and the environment and agriculture 12.4 policy and finance committees of the senate and house of 12.5 representatives on the additional resources needed to accomplish 12.6 timely response. 12.7 Sec. 10. [RULES FOR ANIMAL FEEDLOTS AND STORAGE, 12.8 TRANSPORTATION, AND UTILIZATION OF MANURE.] 12.9 (a) The pollution control agency shall amend the proposed 12.10 permanent rules relating to animal feedlots and storage, 12.11 transportation, and utilization of manure, published in the 12.12 State Register, volume 24, number 25, pages 848 to 884, December 12.13 20, 1999, according to this section and pursuant to Minnesota 12.14 Statutes, section 14.388. 12.15 (b) The agency shall remove the following provisions of the 12.16 proposed rules: 12.17 (1) restrictions on the pasturing of animals, including 12.18 winter feeding areas that comply with Minnesota Statutes, 12.19 section 116.07, subdivision 7, paragraph (o); 12.20 (2) the requirement for a manure management plan, except in 12.21 the case of a feedlot requiring a feedlot permit; 12.22 (3) the inclusion in the animal unit definition of manure 12.23 that is produced by animals that are not owned or managed by the 12.24 person who accepts manure from another party; and 12.25 (4) the requirement that a feedlot must include a pollution 12.26 prevention plan as part of their feedlot permit application. 12.27 (c) In the rules, the agency shall not require: 12.28 (1) a feedlot operator to remove manure packs and mounding, 12.29 except as necessary to prevent pollution; 12.30 (2) information on the permit application that is not 12.31 specifically required in the rules, unless the feedlot operator 12.32 will be using a new technology; 12.33 (3) more than the following information on the newspaper 12.34 notification of proposed construction or expansion: 12.35 (i) name of the owner or owners; 12.36 (ii) name of the facility; 13.1 (iii) location of the facility by county, township, 13.2 section, or quarter-section; 13.3 (iv) species of livestock and total animal units; and 13.4 (v) type of building and manure storage system; 13.5 (4) the regulation of process-generated wastewater, unless 13.6 it contains manure; 13.7 (5) that a feedlot must be issued an individual state 13.8 disposal system permit, unless the feedlot meets the criteria 13.9 established for individual permits under Minnesota Statutes, 13.10 section 116.07, subdivision 7c; and 13.11 (6) registration or a permit for a livestock facility 13.12 located on county fairgrounds. 13.13 (d) In the rules, the agency shall: 13.14 (1) include a registration notice provision requiring the 13.15 permitting authority to notify feedlot operators at least 90 13.16 days prior to the reregistration deadline; 13.17 (2) include a provision requiring that a receipt of 13.18 registration be sent back to the feedlot operator within 30 days 13.19 of receipt of the registration by the agency or the delegated 13.20 county; 13.21 (3) provide that feedlot permits remain in effect until a 13.22 new permit is issued by the agency or a county; 13.23 (4) provide that location restrictions for schools and 13.24 child care centers apply only to licensed child care centers, 13.25 the public schools defined in Minnesota Statutes, section 13.26 120A.05, and private schools, excluding home school sites; 13.27 (5) allow for compliance with interim corrective measures 13.28 for eligible open lots by October 1, 2005, and final compliance 13.29 by October 1, 2010; 13.30 (6) allow direct notification of a feedlot permit 13.31 application in lieu of the newspaper notification as provided in 13.32 Minnesota Statutes, section 116.07, subdivision 7a; 13.33 (7) allow a short-term stockpile site for 365 days; 13.34 (8) include only a general reference that the rules do not 13.35 preempt the adoption or enforcement of zoning ordinances or 13.36 plans by counties, townships, or cities; 14.1 (9) allow manure storage facility specifications that are 14.2 proposed by a registered professional engineer or a United 14.3 States Department of Agriculture, Natural Resources Conservation 14.4 Service employee and that meet federal and state discharge and 14.5 water quality restrictions; 14.6 (10) include an exemption from the prohibition on reuse of 14.7 a short-term stockpiling site in the preceding or following 14.8 calendar years for a site where manure is stockpiled for less 14.9 than ten days and the site is not used as a stockpile site for 14.10 more than six times in a calendar year; and 14.11 (11) provide that the management of nutrients from manure 14.12 can be consistent with guidelines, definitions, or 14.13 recommendations published by the University of Minnesota or 14.14 another land grant college in a contiguous state. 14.15 Sec. 11. [FEEDLOT UPGRADES; REPORT, FINANCIAL ASSISTANCE.] 14.16 (a) The commissioner of agriculture, in close collaboration 14.17 with the commissioner of the pollution control agency and in 14.18 consultation with the commissioner of finance and a 14.19 representative of the board of water and soil resources, shall 14.20 study the need for state financial assistance by operators of 14.21 feedlots with a capacity of less than 1,000 animal units 14.22 required to upgrade facilities under proposed livestock feedlot 14.23 rules published in the State Register, volume 24, number 25. 14.24 (b) The study must identify the specific financial needs of 14.25 operators of feedlots with capacities: 14.26 (1) less than 100 animal units; 14.27 (2) more than 100 but less than 300 animal units; and 14.28 (3) more than 300 but less than 500 animal units. 14.29 (c) Not later than February 1, 2001, the commissioner of 14.30 agriculture shall report the findings of the study to the 14.31 standing committees of the senate and house of representatives 14.32 with jurisdiction over agriculture and environment policy issues 14.33 and budgeting. The report must include recommendations to the 14.34 legislature on anticipated state costs to provide matching funds 14.35 for feedlot upgrades under Minnesota Statutes, section 116.07, 14.36 subdivision 7, paragraph (p). 15.1 Sec. 12. [MORATORIUM ON UPGRADE REQUIREMENTS FOR SMALL 15.2 FEEDLOTS.] 15.3 Until the funding proposal for feedlots with a capacity 15.4 less than 100 animal units required by section 11 has been 15.5 enacted and funding under the proposal has been made available, 15.6 the pollution control agency may not require the operator of an 15.7 existing feedlot with less than 100 animal units to upgrade the 15.8 feedlot, unless cost-share money is available to the feedlot 15.9 operator for 75 percent of the cost of the upgrade or the 15.10 upgrade is needed to correct an immediate public health threat 15.11 under Minnesota Statutes, section 145A.04, subdivision 8. 15.12 Sec. 13. [WORKGROUP; REPORT.] 15.13 The commissioner of the pollution control agency shall 15.14 convene a workgroup consisting of representatives from Natural 15.15 Resources Conservation Services and private sector licensed 15.16 professional engineers, including individuals with expertise in 15.17 hydraulics, structural systems, and geology, to review and 15.18 propose design standards for liquid manure storage facilities in 15.19 areas susceptible to soil collapse and sinkhole formation. This 15.20 review shall include an evaluation of whether such standards 15.21 should be volume based or animal unit based. The commissioner 15.22 shall submit the findings and recommendations of the workgroup 15.23 to the senate and house agriculture and rural development 15.24 committees by October 31, 2000. 15.25 Sec. 14. [PRIVATE MANURE APPLICATOR EDUCATION AND TRAINING 15.26 PLAN.] 15.27 (a) The commissioner of agriculture shall study and develop 15.28 a plan, in conjunction with the University of Minnesota 15.29 extension service, for innovative educational and training 15.30 programs addressing manure applicator concerns, including water 15.31 quality protection and the development of manure management 15.32 plans. 15.33 (b) The commissioner shall appoint educational planning 15.34 committees, which must include representatives of industry. 15.35 (c) Specific current regulatory concerns must be discussed 15.36 and, if appropriate, incorporated into the plan. 16.1 (d) The commissioner may consider programs from private 16.2 industry and nonprofit organizations that meet minimum 16.3 requirements for education, training, and certification. 16.4 Sec. 15. [EFFECTIVE DATE.] 16.5 Sections 1 to 14 are effective the day following final 16.6 enactment.