SF 3040

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; creating a small feedlot 
  1.3             upgrade cost-share program; prohibiting enforcement 
  1.4             actions against small feedlots unless state or local 
  1.5             cost-share funds are available; appropriating money; 
  1.6             amending Minnesota Statutes 1996, section 116.07, by 
  1.7             adding a subdivision; Minnesota Statutes 1997 
  1.8             Supplement, section 116.07, subdivision 7. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1997 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 Soil Conservation Service and the Agricultural 
  2.36  Stabilization and Conservation Service, to notify and educate 
  3.1   producers of rules under this subdivision at the time the rules 
  3.2   are being developed and adopted and at least every two years 
  3.3   thereafter. 
  3.4      (g) The pollution control agency shall adopt rules 
  3.5   governing the issuance and denial of permits for livestock 
  3.6   feedlots, poultry lots or other animal lots pursuant to this 
  3.7   section.  A feedlot permit is not required for livestock 
  3.8   feedlots with more than ten but less than 50 animal units; 
  3.9   provided they are not in shoreland areas.  These rules apply 
  3.10  both to permits issued by counties and to permits issued by the 
  3.11  pollution control agency directly.  
  3.12     (h) The pollution control agency shall exercise supervising 
  3.13  authority with respect to the processing of animal lot permit 
  3.14  applications by a county. 
  3.15     (i) After May 17, 1997, any new rules or amendments to 
  3.16  existing rules proposed under the authority granted in this 
  3.17  subdivision, must be submitted to the members of legislative 
  3.18  policy committees with jurisdiction over agriculture and the 
  3.19  environment prior to final adoption.  The rules must not become 
  3.20  effective until 90 days after the proposed rules are submitted 
  3.21  to the members.  
  3.22     (j) The agency or a county shall not take an enforcement 
  3.23  action against an eligible small feedlot facility, as defined in 
  3.24  subdivision 7b, that was in existence on the effective date of 
  3.25  this section, unless the agency or county determines that 
  3.26  cost-share funds are available to the feedlot owner to correct 
  3.27  the problem. 
  3.28     Sec. 2.  Minnesota Statutes 1996, section 116.07, is 
  3.29  amended by adding a subdivision to read: 
  3.30     Subd. 7b.  [SMALL FEEDLOT UPGRADE COST-SHARE PROGRAM.] (a) 
  3.31  For the purpose of this section, "eligible small feedlot 
  3.32  facility" means a feedlot located in a county delegated under 
  3.33  subdivision 7 that contains no more than 750 animal units. 
  3.34     (b) A county delegated under subdivision 7 may provide a 
  3.35  cost-share grant to an eligible small feedlot facility for 70 
  3.36  percent of the costs to upgrade the facility to meet the feedlot 
  4.1   permit standards up to a maximum of $35,000 per facility. 
  4.2      (c) A county may not make a cost-share grant under this 
  4.3   subdivision unless all of the following conditions are met: 
  4.4      (1) the upgrade is necessary to meet agency or county 
  4.5   feedlot standards; 
  4.6      (2) the upgrade is designed to meet agency or county 
  4.7   feedlot standards; 
  4.8      (3) the upgrade is the most cost-effective method to meet 
  4.9   agency or county standards; and 
  4.10     (4) the cost-share grant, combined with all other sources 
  4.11  of governmental financing, does not exceed 70 percent of the 
  4.12  cost of the upgrade. 
  4.13     (d) To receive a cost-share grant under this subdivision, a 
  4.14  feedlot owner or operator must agree to: 
  4.15     (1) maintain the upgrade for the normal expected life of 
  4.16  the feedlot, replace it with an equally effective practice, or 
  4.17  repay the cost-share grant; and 
  4.18     (2) conduct all activities in accordance with state laws, 
  4.19  rules, and county feedlot standards. 
  4.20     (e) In awarding cost-share grants under this subdivision, 
  4.21  counties delegated under subdivision 7 must give priority to an 
  4.22  owner of a feedlot that has been in existence for at least three 
  4.23  years and for which the upgrade is necessary to receive an 
  4.24  initial feedlot permit from the agency or the county. 
  4.25     (f) Ineligible costs to include in the cost-share grant are:
  4.26     (1) costs to construct or modify a building; 
  4.27     (2) costs of equipment to apply manure to land; 
  4.28     (3) costs of upgrades for which there is a less costly 
  4.29  alternative to meet agency or county feedlot permit standards; 
  4.30     (4) costs related to changes in livestock numbers that 
  4.31  occurred within three years prior to the cost-share grant 
  4.32  application date; and 
  4.33     (5) costs related to anticipated changes in livestock 
  4.34  numbers at the facility. 
  4.35     Sec. 3.  [APPROPRIATION.] 
  4.36     $15,000,000 is appropriated from the general fund to the 
  5.1   pollution control agency for grants to delegated counties for 
  5.2   administration of a county cost-share grant program under 
  5.3   section 2.  This appropriation is available until June 30, 1999. 
  5.4      Sec. 4.  [EFFECTIVE DATE.] 
  5.5      Sections 1 to 3 are effective the day following final 
  5.6   enactment.