SF 3283

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; providing for a checkoff for fertilizer, soil amendment,
and plant amendment; establishing a Minnesota Agricultural Fertilizer Research
and Education Council and program; exempting on-farm storage from fertilizer
facility safeguarding and permitting; appropriating money; amending Minnesota
Statutes 2004, section 18C.305, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 18C.

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

Section 1.

Minnesota Statutes 2004, section 18C.305, is amended by adding a
subdivision to read:

Subd. 3.

Exemption.

A permit and safeguard is not required for a person who stores
on the person's own property and for the person's own use no more than 6,000 gallons
of liquid commercial fertilizer.

Sec. 2.

[18C.70] MINNESOTA AGRICULTURAL FERTILIZER RESEARCH
AND EDUCATION COUNCIL.

Subdivision 1.

Establishment; membership.

(a) The Minnesota Agricultural
Fertilizer Research and Education Council is established. The council is composed of
12 voting members as follows:

(1) two members of the Minnesota Crop Production Retailers;

(2) one member of the Minnesota Corn Growers Association;

(3) one member of the Minnesota Soybean Growers Association;

(4) one member of the sugar beet growers industry;

(5) one member of the Minnesota Association of Wheat Growers;

(6) one member of the potato growers industry;

(7) one member of the Minnesota Farm Bureau;

(8) one member of the Minnesota Farmers Union;

(9) one member from the Minnesota Irrigators Association;

(10) one member of the Minnesota Grain and Feed Association; and

(11) one member of the Minnesota Independent Crop Consultant Association or the
Minnesota Certified Crop Advisor Program.

(b) Council members shall serve three-year terms. After the initial council is
appointed, subsequent appointments must be staggered so that one-third of council
membership is replaced each year. Council members must be nominated by their
organizations and appointed by the commissioner. The council may add ex officio,
nonvoting members at its discretion. The council shall meet at least once per year, with all
related expenses reimbursed by members' sponsoring organizations or by the members
themselves.

Subd. 2.

Powers and duties.

The council shall review applications and select
projects to receive agricultural fertilizer research and education program grants, as
authorized in section 18C.71. The council shall establish a program to provide grants to
research, education, and technology transfer projects related to agricultural fertilizer, soil
amendments, and plant amendments. For the purpose of this section, "fertilizer" includes
soil amendments and plant amendments. The department shall act as the fiscal agent in
charge of collecting fees, distributing program funds, and otherwise administering the
program.

Subd. 3.

Checkoff fees.

Any person, whether in Minnesota or elsewhere, that
sells fertilizer to producers must collect a checkoff of 40 cents per ton of fertilizer sold
and forward the checkoff funds at least semiannually to the commissioner along with
forms provided by the commissioner. For the purposes of this section, a producer means
any person who owns or operates an agricultural producing or growing facility for an
agricultural commodity and shares in the profits and risk of loss from such operation, and
who grows, raises, feeds, or produces the agricultural commodity in Minnesota during the
current or preceding calendar year.

Subd. 4.

Program account.

There is established in the state treasury an agricultural
fertilizer research and education program account in the agricultural fund. The checkoff
funds raised pursuant to this section must be deposited in the account. Money in the
account, including interest earned, is appropriated to the commissioner to carry out the
program and to refund checkoff funds as described in subdivision 5.

Subd. 5.

Refunds.

Any producer may, by use of forms provided by the
commissioner, and upon presentation of such proof as the commissioner requires, have
the checkoff fee refunded, provided the checkoff fee was remitted in a timely basis. The
producer must submit annual refund requests to the commissioner before February 28 for
checkoff fees paid in the previous calendar year.

Subd. 6.

Rules.

The commissioner's duties under this section and section 18C.71
are not subject to the provisions of chapter 14.

Subd. 7.

Expiration.

This section expires on January 8, 2017.

Sec. 3.

[18C.71] MINNESOTA AGRICULTURAL FERTILIZER RESEARCH
AND EDUCATION PROGRAM.

Subdivision 1.

Eligible projects.

Eligible project activities include research,
education, and technology transfer related to the production and application of fertilizer,
soil amendments, and other plant amendments. Chosen projects must contain a component
of outreach that achieves a timely dissemination of findings and their applicability to the
production agricultural community.

Subd. 2.

Awarding of program grants.

Applications for program grants shall
be submitted in the form prescribed by the Minnesota Agricultural Fertilizer Research
and Education Council. Applications must be submitted on or before the deadline
prescribed by the council. All applications are subject to a thorough in-state review by a
peer committee established and approved by the council. Each project meeting the basic
qualifications is subject to a yes or no vote by each council member. Projects chosen
to receive funding must achieve an affirmative vote by at least eight of the 12 council
members. Projects awarded program funds must submit an annual progress report in the
form prescribed by the council.

Subd. 3.

Annual audit.

The program must have an annual audit of financial
activities, which the council must file with the commissioner on or before June 1 for the
immediately preceding year ending December 31.

Subd. 4.

Expiration.

This section expires January 8, 2017.

Sec. 4. EFFECTIVE DATE.

Sections 1 to 3 are effective January 1, 2007.