SF 2961

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to environment; providing requirements for 
  1.3             required upgrades of certain feedlots; providing 
  1.4             requirements for feedlot permit conditions; providing 
  1.5             funding for feedlot upgrades; appropriating money; 
  1.6             amending Minnesota Statutes 1999 Supplement, section 
  1.7             116.07, subdivision 7; Laws 1999, chapter 231, section 
  1.8             6, as amended. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.11  116.07, subdivision 7, is amended to read: 
  1.12     Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
  1.13  LOT PERMITS.] Any Minnesota county board may, by resolution, 
  1.14  with approval of the pollution control agency, assume 
  1.15  responsibility for processing applications for permits required 
  1.16  by the pollution control agency under this section for livestock 
  1.17  feedlots, poultry lots or other animal lots.  The responsibility 
  1.18  for permit application processing, if assumed by a county, may 
  1.19  be delegated by the county board to any appropriate county 
  1.20  officer or employee.  
  1.21     (a) For the purposes of this subdivision, the term 
  1.22  "processing" includes: 
  1.23     (1) the distribution to applicants of forms provided by the 
  1.24  pollution control agency; 
  1.25     (2) the receipt and examination of completed application 
  1.26  forms, and the certification, in writing, to the pollution 
  1.27  control agency either that the animal lot facility for which a 
  2.1   permit is sought by an applicant will comply with applicable 
  2.2   rules and standards, or, if the facility will not comply, the 
  2.3   respects in which a variance would be required for the issuance 
  2.4   of a permit; and 
  2.5      (3) rendering to applicants, upon request, assistance 
  2.6   necessary for the proper completion of an application. 
  2.7      (b) For the purposes of this subdivision, the term 
  2.8   "processing" may include, at the option of the county board, 
  2.9   issuing, denying, modifying, imposing conditions upon, or 
  2.10  revoking permits pursuant to the provisions of this section or 
  2.11  rules promulgated pursuant to it, subject to review, suspension, 
  2.12  and reversal by the pollution control agency.  The pollution 
  2.13  control agency shall, after written notification, have 15 days 
  2.14  to review, suspend, modify, or reverse the issuance of the 
  2.15  permit.  After this period, the action of the county board is 
  2.16  final, subject to appeal as provided in chapter 14. 
  2.17     (c) For the purpose of administration of rules adopted 
  2.18  under this subdivision, the commissioner and the agency may 
  2.19  provide exceptions for cases where the owner of a feedlot has 
  2.20  specific written plans to close the feedlot within five years.  
  2.21  These exceptions include waiving requirements for major capital 
  2.22  improvements. 
  2.23     (d) For purposes of this subdivision, a discharge caused by 
  2.24  an extraordinary natural event such as a precipitation event of 
  2.25  greater magnitude than the 25-year, 24-hour event, tornado, or 
  2.26  flood in excess of the 100-year flood is not a "direct discharge 
  2.27  of pollutants." 
  2.28     (e) In adopting and enforcing rules under this subdivision, 
  2.29  the commissioner shall cooperate closely with other governmental 
  2.30  agencies. 
  2.31     (f) The pollution control agency shall work with the 
  2.32  Minnesota extension service, the department of agriculture, the 
  2.33  board of water and soil resources, producer groups, local units 
  2.34  of government, as well as with appropriate federal agencies such 
  2.35  as the Natural Resources Conservation Service and the Farm 
  2.36  Service Agency, to notify and educate producers of rules under 
  3.1   this subdivision at the time the rules are being developed and 
  3.2   adopted and at least every two years thereafter. 
  3.3      (g) The pollution control agency shall adopt rules 
  3.4   governing the issuance and denial of permits for livestock 
  3.5   feedlots, poultry lots or other animal lots pursuant to this 
  3.6   section.  A feedlot permit is not required for livestock 
  3.7   feedlots with more than ten but less than 50 animal units; 
  3.8   provided they are not in shoreland areas.  These rules apply 
  3.9   both to permits issued by counties and to permits issued by the 
  3.10  pollution control agency directly.  
  3.11     (h) The pollution control agency shall exercise supervising 
  3.12  authority with respect to the processing of animal lot permit 
  3.13  applications by a county. 
  3.14     (i) Any new rules or amendments to existing rules proposed 
  3.15  under the authority granted in this subdivision, or to implement 
  3.16  new fees on animal feedlots, must be submitted to the members of 
  3.17  legislative policy and finance committees with jurisdiction over 
  3.18  agriculture and the environment prior to final adoption.  The 
  3.19  rules must not become effective until 90 days after the proposed 
  3.20  rules are submitted to the members.  
  3.21     (j) Until new rules are adopted that provide for plans for 
  3.22  manure storage structures, any plans for a liquid manure storage 
  3.23  structure must be prepared or approved by a registered 
  3.24  professional engineer or a United States Department of 
  3.25  Agriculture, Natural Resources Conservation Service employee. 
  3.26     (k) A county may adopt by ordinance standards for animal 
  3.27  feedlots that are more stringent than standards in pollution 
  3.28  control agency rules. 
  3.29     (l) After January 1, 2001, a county that has not accepted 
  3.30  delegation of the feedlot permit program must hold a public 
  3.31  meeting prior to the agency issuing a feedlot permit for a 
  3.32  feedlot facility with 300 or more animal units, unless another 
  3.33  public meeting has been held with regard to the feedlot facility 
  3.34  to be permitted. 
  3.35     (m) The agency may not require a feedlot operator to 
  3.36  upgrade an existing feedlot with less than 500 animal units for 
  4.1   a total cost of more than $3,000, unless cost-share money is 
  4.2   available to the feedlot operator for 75 percent of the cost of 
  4.3   the upgrade. 
  4.4      (n) The agency may not impose conditions as a part of a 
  4.5   feedlot permit, unless specifically required by law or rule of 
  4.6   the agency. 
  4.7      Sec. 2.  Laws 1999, chapter 231, section 6, as amended by 
  4.8   Laws 1999, chapter 249, section 10, is amended to read: 
  4.9   Sec. 6.  BOARD OF WATER AND 
  4.10  SOIL RESOURCES                        18,896,000     18,228,000
  4.11  $5,480,000 the first year and 
  4.12  $5,480,000 the second year are for 
  4.13  natural resources block grants to local 
  4.14  governments.  Of this amount, $50,000 
  4.15  each year is for a grant to the North 
  4.16  Shore Management Board, $35,000 each 
  4.17  year is for a grant to the St. Louis 
  4.18  River Board, $100,000 each year is for 
  4.19  a grant to the Minnesota River Basin 
  4.20  Joint Powers Board, and $27,000 each 
  4.21  year is for a grant to the Southeast 
  4.22  Minnesota Resources Board. 
  4.23  The board shall reduce the amount of 
  4.24  the natural resource block grant to a 
  4.25  county by an amount equal to any 
  4.26  reduction in the county's general 
  4.27  services allocation to a soil and water 
  4.28  conservation district from the county's 
  4.29  1998 allocation. 
  4.30  Grants must be matched with a 
  4.31  combination of local cash or in-kind 
  4.32  contributions.  The base grant portion 
  4.33  related to water planning must be 
  4.34  matched by an amount that would be 
  4.35  raised by a levy under Minnesota 
  4.36  Statutes, section 103B.3369.  
  4.37  $3,867,000 the first year and 
  4.38  $3,867,000 the second year are for 
  4.39  grants to soil and water conservation 
  4.40  districts for general purposes, 
  4.41  nonpoint engineering, and for 
  4.42  implementation of the RIM conservation 
  4.43  reserve program.  Upon approval of the 
  4.44  board, expenditures may be made from 
  4.45  these appropriations for supplies and 
  4.46  services benefiting soil and water 
  4.47  conservation districts. 
  4.48  $4,120,000 the first year and 
  4.49  $4,120,000 the second year are for 
  4.50  grants to soil and water conservation 
  4.51  districts for cost-sharing contracts 
  4.52  for erosion control and water quality 
  4.53  management.  Of this amount, $32,000 
  4.54  the first year is for a grant to the 
  4.55  Blue Earth county soil and water 
  4.56  conservation districts for stream bank 
  4.57  stabilization on the LeSueur river 
  4.58  within the city limits of St. Clair; 
  5.1   and at least $1,500,000 the first year 
  5.2   and $1,500,000 the second year are for 
  5.3   state cost-share grants for 
  5.4   cost-sharing contracts for water 
  5.5   quality management on feedlots.  
  5.6   Priority must be given to feedlot 
  5.7   operators who have received notices of 
  5.8   violation and for feedlots in counties 
  5.9   that are conducting or have completed a 
  5.10  level 2 or level 3 feedlot inventory.  
  5.11  This appropriation is available until 
  5.12  expended.  If the appropriation in 
  5.13  either year is insufficient, the 
  5.14  appropriation in the other year is 
  5.15  available for it. 
  5.16  $100,000 the first year and $100,000 
  5.17  the second year are for a grant to the 
  5.18  Red river basin board to develop a Red 
  5.19  river basin water management plan and 
  5.20  to coordinate water management 
  5.21  activities in the states and provinces 
  5.22  bordering the Red river.  This 
  5.23  appropriation is only available to the 
  5.24  extent it is matched by a proportionate 
  5.25  amount in United States currency from 
  5.26  the states of North Dakota and South 
  5.27  Dakota and the province of Manitoba.  
  5.28  The unencumbered balance in the first 
  5.29  year does not cancel but is available 
  5.30  for the second year.  This is a 
  5.31  one-time appropriation. 
  5.32  $189,000 the first year and $189,000 
  5.33  the second year are for grants to 
  5.34  watershed districts and other local 
  5.35  units of government in the southern 
  5.36  Minnesota river basin study area 2 for 
  5.37  floodplain management.  If the 
  5.38  appropriation in either year is 
  5.39  insufficient, the appropriation in the 
  5.40  other year is available for it. 
  5.41  $1,203,000 the first year and $450,000 
  5.42  the second year are for the 
  5.43  administrative costs of easement and 
  5.44  grant programs. 
  5.45  Any unencumbered balance in the board's 
  5.46  program of grants does not cancel at 
  5.47  the end of the first year and is 
  5.48  available for the second year for the 
  5.49  same grant program.  If the 
  5.50  appropriation in either year is 
  5.51  insufficient, the appropriation for the 
  5.52  other year is available for it. 
  5.53     Sec. 3.  [APPROPRIATION; FEEDLOT COST-SHARE GRANTS.] 
  5.54     $10,000,000 from the general fund is appropriated in fiscal 
  5.55  year 2001 to the board of water and soil resources for state 
  5.56  cost-share program grants for water quality management on 
  5.57  feedlots, including financial assistance to meet feedlot runoff 
  5.58  and manure storage requirements. 
  5.59     Sec. 4.  [APPROPRIATION; FEEDLOT ENGINEERING ASSISTANCE.] 
  6.1      $1,100,000 from the general fund is appropriated in fiscal 
  6.2   year 2001 to the board of water and soil resources for 
  6.3   engineering assistance to design, construct, and monitor 
  6.4   cost-shared feedlot runoff and manure storage practices to 
  6.5   manage water quality. 
  6.6      Sec. 5.  [APPROPRIATION; PILOT MANURE NUTRIENT MANAGEMENT 
  6.7   INCENTIVE GRANTS.] 
  6.8      $1,000,000 from the general fund is appropriated in fiscal 
  6.9   year 2001 to the board of water and soil resources for pilot 
  6.10  state cost-share program grants to manage water and soil 
  6.11  resources where manure is land-applied, including technical and 
  6.12  financial assistance to meet feedlot manure management and land 
  6.13  application requirements. 
  6.14     Sec. 6.  [APPROPRIATION; AGRICULTURAL BEST MANAGEMENT 
  6.15  PRACTICES LOAN PROGRAM.] 
  6.16     $25,000,000 from the general fund is appropriated for 
  6.17  deposit in the water pollution control fund under Minnesota 
  6.18  Statutes, section 446A.07, for the agricultural best management 
  6.19  practices loan program, under Minnesota Statutes, section 17.117.