SF 901

as introduced - 90th Legislature (2017 - 2018) Posted on 02/28/2017 03:36pm

A bill for an act
relating to agriculture; providing a nuisance exemption for certain livestock
facilities; amending Minnesota Statutes 2016, section 561.19, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2016, section 561.19, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Livestock odor. new text end

new text begin A livestock production facility is not a private or public
nuisance as a matter of law due to livestock odor unless the livestock production facility:
new text end

new text begin (1) violates the ambient air quality standards for hydrogen sulfide adopted by the
commissioner of the Pollution Control Agency under chapter 116 and the violation occurs
when a manure removal exemption authorized under section 116.0713 is not in effect; and
new text end

new text begin (2) does not take action, when directed by the commissioner of the Pollution Control
Agency or the commissioner's designee under section 116.0713, to address the violation
and comply with the ambient air quality standards for hydrogen sulfide.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to actions filed on or after that date.
new text end