HF 913

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; requiring notice of certain 
  1.3             applications for livestock feedlot and residential 
  1.4             development permits; requiring monitoring of livestock 
  1.5             odor; providing an appropriation for livestock odor 
  1.6             research; appropriating money; amending Minnesota 
  1.7             Statutes 1996, section 116.07, by adding a 
  1.8             subdivision; proposing coding for new law in Minnesota 
  1.9             Statutes, chapters 116; and 394; repealing Minnesota 
  1.10            Rules, part 7009.0060. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 116.07, is 
  1.13  amended by adding a subdivision to read: 
  1.14     Subd. 7a.  [NOTICE OF APPLICATION FOR LIVESTOCK FEEDLOT 
  1.15  PERMITS.] If the pollution control agency or a county board 
  1.16  receives an application for a permit for a livestock feedlot 
  1.17  with an intended capacity of 500 animal units or more, the 
  1.18  agency or board shall notify each owner of real property within 
  1.19  three miles of the proposed livestock feedlot.  The notice must 
  1.20  specify the proposed size, location, and owner or manager of the 
  1.21  livestock feedlot and must be made within 21 days of receipt of 
  1.22  the application. 
  1.23     Sec. 2.  [116.072] [LIVESTOCK ODOR.] 
  1.24     The pollution control agency must monitor and identify: 
  1.25     (1) potential livestock facility violations of the state 
  1.26  ambient air quality standards for hydrogen sulfide, using a 
  1.27  protocol for responding to citizen complaints regarding feedlot 
  1.28  odor and its hydrogen sulfide component; and 
  2.1      (2) total sulfur gases and corresponding hydrogen sulfide 
  2.2   levels using monitoring equipment that follows plumes and: 
  2.3      (i) ensures that livestock production facilities exceeding 
  2.4   ambient hydrogen sulfide standards implement changes that result 
  2.5   in compliance within 60 days of the determination that the 
  2.6   operator is in violation of the standards, and includes monetary 
  2.7   penalties and increased penalties for repeat violations; and 
  2.8      (ii) recovers the costs of the total reduced sulfur and 
  2.9   hydrogen sulfide inspection and monitoring program from 
  2.10  livestock production facilities that are determined to be in 
  2.11  violation of state ambient air quality standards. 
  2.12     Sec. 3.  [394.305] [NOTICE OF RESIDENTIAL DEVELOPMENT OF 
  2.13  AGRICULTURAL LAND.] 
  2.14     If a county that has a comprehensive land use or zoning 
  2.15  plan receives an application for a permit for a residential 
  2.16  development of 12 or more units on land that has been used for 
  2.17  agricultural purposes, the county board shall notify each owner 
  2.18  of real property within three miles of the proposed residential 
  2.19  development.  The notice must specify the proposed size, 
  2.20  location, and owner or developer of the residential development 
  2.21  and must be made within 21 days of receipt of the application. 
  2.22     Sec. 4.  [APPROPRIATIONS; UNIVERSITY OF MINNESOTA.] 
  2.23     Subdivision 1.  $200,000 is appropriated from the general 
  2.24  fund to the University of Minnesota for research and development 
  2.25  of: 
  2.26     (1) an odor rating system that compares odor levels of 
  2.27  livestock production facilities based on the species of 
  2.28  livestock, livestock housing, manure management systems, and 
  2.29  other factors that contribute to odor levels, with the odor 
  2.30  rating to be determined using olfactometry; 
  2.31     (2) information tools to be provided to local units of 
  2.32  government to create setback requirements for livestock 
  2.33  production facilities based on the odor rating system developed 
  2.34  in clause (1); 
  2.35     (3) best management practices to control livestock odor 
  2.36  with priority on the development of practices that control odor 
  3.1   as much as economically feasible during seasonal and other 
  3.2   periods of peak odor levels; and 
  3.3      (4) provisions for rating the efficacy of new 
  3.4   odor-reduction technologies and additives.  Applicants for a 
  3.5   rating under this clause must pay for the research necessary to 
  3.6   provide the rating to be used in marketing their new technology. 
  3.7      Subd. 2.  $200,000 is appropriated from the general fund to 
  3.8   the University of Minnesota for research, development, and 
  3.9   promotion of low-emission and low-energy alternative hog 
  3.10  production systems and promotion of developed systems, including 
  3.11  hoop houses, the Swedish model (Vastgotamodellen) for farrowing 
  3.12  and feeder pig production, and pasture grazing and farrowing. 
  3.13     Subd. 3.  The appropriations in this section are available 
  3.14  until June 30, 1999. 
  3.15     Sec. 5.  [REPEALER.] 
  3.16     Minnesota Rules, part 7009.0060, is repealed.