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HF 3947

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 02:04pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/03/2022

Current Version - as introduced

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A bill for an act
relating to pollution control; requiring financial assurance for certain feedlot
permits; requiring inventories and reports; appropriating money; amending
Minnesota Statutes 2020, section 116.07, by adding subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision
to read:


new text begin Subd. 7f. new text end

new text begin Financial assurance. new text end

new text begin (a) Before the commissioner issues or renews a permit
for a feedlot with a capacity of 1,000 or more animal units, the permit applicant must submit
to the commissioner proof of financial assurance that satisfies the requirements under this
subdivision. Financial assurance must be of an amount sufficient to pay the closure costs
determined under paragraph (c) for the feedlot and manure storage area, with all terms and
conditions of the financial assurance instrument approved by the commissioner. The
commissioner, in evaluating financial assurance, may consult individuals with documented
experience in the analysis. The applicant must pay all costs incurred by the commissioner
to obtain this analysis.
new text end

new text begin (b) A permittee must maintain sufficient financial assurance for the duration of the permit
and demonstrate to the commissioner's satisfaction that:
new text end

new text begin (1) the funds will be available and made payable to the commissioner if the commissioner
determines the permittee is not in full compliance with the closure requirements established
by the commissioner in rule for feedlots and manure storage areas;
new text end

new text begin (2) the financial assurance instrument is fully valid, binding, and enforceable under state
and federal law;
new text end

new text begin (3) the financial assurance instrument is not dischargeable through bankruptcy; and
new text end

new text begin (4) the financial assurance provider will give the commissioner at least 120 days' notice
before cancelling the financial assurance instrument.
new text end

new text begin (c) The permit applicant must submit to the commissioner a documented estimate of
costs required to implement the closure requirements established by the commissioner in
rule for feedlots and manure storage areas. Cost estimates must incorporate current dollar
values at the time of estimate and any additional costs required by the commissioner to
oversee and hire a third party to implement the closure requirements. The applicant must
not incorporate the estimated salvage or market value of manure, animals, structures,
equipment, land, or other assets. The commissioner must evaluate and may modify the
applicant's cost estimates and may consult individuals with documented experience in feedlot
or manure storage area closure or remediation. The applicant must pay all costs incurred
by the commissioner to obtain this consultation.
new text end

Sec. 2.

Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to
read:


new text begin Subd. 7g. new text end

new text begin Abandoned feedlots and manure storage areas. new text end

new text begin At least annually, the
commissioner must compile a list of abandoned feedlots and manure storage areas in this
state. A list compiled under this subdivision is not a feedlot inventory for purposes of
subdivision 7b. For purposes of this subdivision, "abandoned feedlots and manure storage
areas" means feedlots and manure storage areas that have:
new text end

new text begin (1) permanently ceased operation and are subject to, but not in compliance with, the
closure requirements established by the commissioner in rule for feedlots and manure storage
areas; or
new text end

new text begin (2) been unused for at least two years.
new text end

Sec. 3. new text begin REPORTS REQUIRED.
new text end

new text begin (a) No later than January 15, 2023, each county must report to the commissioner of the
Pollution Control Agency a list of abandoned feedlots and manure storage areas located in
the county. The report must be submitted by the county feedlot officer for a delegated county
or a comparable county officer or employee for a nondelegated county.
new text end

new text begin (b) No later than February 15, 2023, the commissioner of the Pollution Control Agency
must submit a compilation report and list of abandoned feedlots and manure storage areas
to the legislative committees with jurisdiction over agriculture and environment. The report
must include recommendations, including existing and any proposed options for remediation.
new text end

new text begin (c) For purposes of this section, "abandoned feedlots and manure storage areas" has the
meaning given in Minnesota Statutes, section 116.07, subdivision 7g.
new text end

new text begin (d) Reports and lists required under this section are not feedlot inventories for purposes
of Minnesota Statutes, section 116.07, subdivision 7b.
new text end

Sec. 4. new text begin APPROPRIATIONS.
new text end

new text begin (a) $250,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of the Pollution Control Agency for the purposes of this act.
new text end

new text begin (b) $350,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of the Pollution Control Agency. Of this amount, $100,000 is for distribution to counties
for the reports required under section 3, paragraph (a), and $250,000 is for a grant to the
Minnesota Association of County Feedlot Officers to provide training concerning state
feedlot requirements, working efficiently and effectively with producers, and reducing the
incidence of manure or nutrients entering surface water or groundwater. The appropriation
in this paragraph is onetime.
new text end