2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to agriculture; modifying provisions relating 1.3 to feedlots; providing for a level 1 feedlot 1.4 inventory; providing that the department of 1.5 agriculture must provide certain inspection services 1.6 on dairy farms; requiring cooperation between the 1.7 pollution control agency and the department of 1.8 agriculture; proposing coding for new law in Minnesota 1.9 Statutes, chapter 116. 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.11 Section 1. [116.0712] [FEEDLOT PERMIT CONDITIONS.] 1.12 (a) The agency shall not require feedlot permittees to 1.13 maintain records as to rainfall or snowfall as a condition of a 1.14 general feedlot permit if the owner directs the commissioner or 1.15 agent of the commissioner to appropriate data on precipitation 1.16 maintained by a government agency or educational institution. 1.17 (b) A feedlot permittee shall give notice to the agency 1.18 when the permittee proposes to transfer ownership or control of 1.19 the feedlot to a new party. The commissioner shall not 1.20 unreasonably withhold or unreasonably delay approval of any 1.21 transfer request. This request shall be handled in accordance 1.22 with sections 116.07 and 15.992. 1.23 (c) The environmental quality board shall review and 1.24 recommend modifications to environmental review rules related to 1.25 phased actions and animal agriculture facilities. The 1.26 environmental quality board shall report recommendations to the 1.27 chairs of the committees of the senate and house of 2.1 representatives with jurisdiction over agriculture and the 2.2 environment by January 1, 2002. 2.3 (d) If the owner of an animal feedlot requests an extension 2.4 for an application for a National Pollutant Discharge 2.5 Elimination permit or state disposal system permit by June 1, 2.6 2001, then the agency shall grant an extension for the 2.7 application to September 1, 2001. 2.8 (e) An animal feedlot in shoreland that has been unused may 2.9 resume operation after obtaining a permit from the agency or 2.10 county, regardless of the number of years that the feedlot was 2.11 unused. 2.12 Sec. 2. [116.07125] [MODIFIED LEVEL ONE FEEDLOT 2.13 INVENTORY.] 2.14 (a) Except as provided in paragraph (b), a delegated county 2.15 that has completed a modified level 1 inventory that includes 2.16 facility location, approximate number of animal units, and 2.17 whether the facility is an open lot or confinement operation, 2.18 may report that information to the agency in aggregate. A 2.19 feedlot that is included in an inventory meeting these criteria 2.20 has satisfied registration requirements under agency rule. 2.21 (b) A county must submit to the agency the complete 2.22 registration information for a feedlot having 1,000 animal units 2.23 or greater or a feedlot meeting the definition of a concentrated 2.24 animal feeding operation as defined in Code of Federal 2.25 Regulations, title 40, section 122.23. 2.26 Sec. 3. [LEGISLATIVE DIRECTIVE.] 2.27 Subdivision 1. [TRANSFER OF CERTAIN RESPONSIBILITIES.] By 2.28 July 1, 2005, the commissioners of agriculture and the pollution 2.29 control agency shall have finalized arrangements by which the 2.30 department of agriculture will assume primary responsibility for 2.31 monitoring and enforcing Minnesota air and water quality 2.32 standards, feedlot rules, and other environmental laws 2.33 applicable to all dairy farms that are facilities with less than 2.34 1,000 animal units. The arrangements must assure effective, 2.35 ongoing communication between the department and the agency and 2.36 must be in compliance with federal laws and regulations of the 3.1 United States Environmental Protection Agency. 3.2 Subd. 2. [TRANSITION PERIOD; COMMUNICATION; 3.3 TRAINING.] Between July 1, 2001, and the date of full 3.4 implementation of final arrangements for transferring 3.5 responsibility for dairy inspections, the commissioners of 3.6 agriculture and the pollution control agency, in consultation 3.7 with appropriate representatives of dairy producers, dairy 3.8 processors, county feedlot staff in delegated counties, agency 3.9 staff administering the feedlot program in nondelegated 3.10 counties, environmental organizations, and the United States 3.11 Environmental Protection Agency shall coordinate a program of 3.12 communication, training, and performance standards to facilitate 3.13 the transition of authority and responsibility. 3.14 Subd. 3. [SHARED, COORDINATED RESPONSIBILITIES FOR CERTAIN 3.15 DAIRIES.] Staff of the department and the agency must develop 3.16 mutually agreeable joint inspection schedules as appropriate for 3.17 dairy facilities having more than 1,000 animal units. 3.18 Sec. 4. [EFFECTIVE DATE.] 3.19 Sections 1 to 3 are effective the day following final 3.20 enactment.