SF 2344

as introduced - 91st Legislature (2019 - 2020) Posted on 04/10/2019 09:16am

A bill for an act
relating to environment; clarifying regulation of pastures and natural deposit of
manure under feedlot permits; amending Minnesota Statutes 2018, sections 116.06,
by adding a subdivision; 116.07, subdivisions 7, 7d.

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

Section 1.

Minnesota Statutes 2018, section 116.06, is amended by adding a subdivision
to read:

new text begin Subd. 16a. new text end

new text begin Pastures. new text end

new text begin "Pastures" means areas, including winter feeding areas as part of
a grazing area, where grass or other growing plants are used for grazing livestock and where
the concentration of animals allows a vegetative cover to be maintained during the growing
season. Pastures includes agricultural land that is used for growing crops during the growing
season and is used for grazing livestock on vegetation or crop residues during the winter.
In either case, a cover of vegetation or crop residues is not required:
new text end

new text begin (1) in the immediate vicinity of supplemental feeding or watering devices;
new text end

new text begin (2) in associated corrals and chutes where livestock are gathered for sorting, veterinary
services, loading and unloading trucks and trailers, and other necessary activities related to
good animal husbandry practices;
new text end

new text begin (3) in associated livestock access lanes used to convey livestock to and from areas of
the pastures; and
new text end

new text begin (4) in sacrificial areas that are part of a larger pasture system and are used to temporarily
accommodate livestock and protect other pasture areas when adverse soil or weather
conditions pose a risk of damaging the pastures and on which the vegetation is naturally
restored or replanted after the adverse soil or weather conditions are removed and the
livestock are moved to other areas of the pastures.
new text end

Sec. 2.

Minnesota Statutes 2018, section 116.07, subdivision 7, is amended to read:

Subd. 7.

Counties; processing applications for animal lot permits.

Any Minnesota
county board may, by resolution, with approval of the Pollution Control Agency, assume
responsibility for processing applications for permits required by the Pollution Control
Agency under this section for livestock feedlots, poultry lots or other animal lots. The
responsibility for permit application processing, if assumed by a county, may be delegated
by the county board to any appropriate county officer or employee.

(a) For the purposes of this subdivision, the term "processing" includes:

(1) the distribution to applicants of forms provided by the Pollution Control Agency;

(2) the receipt and examination of completed application forms, and the certification,
in writing, to the Pollution Control Agency either that the animal lot facility for which a
permit is sought by an applicant will comply with applicable rules and standards, or, if the
facility will not comply, the respects in which a variance would be required for the issuance
of a permit; and

(3) rendering to applicants, upon request, assistance necessary for the proper completion
of an application.

(b) For the purposes of this subdivision, the term "processing" may include, at the option
of the county board, issuing, denying, modifying, imposing conditions upon, or revoking
permits pursuant to the provisions of this section or rules promulgated pursuant to it, subject
to review, suspension, and reversal by the Pollution Control Agency. The Pollution Control
Agency shall, after written notification, have 15 days to review, suspend, modify, or reverse
the issuance of the permit. After this period, the action of the county board is final, subject
to appeal as provided in chapter 14. For permit applications filed after October 1, 2001,
section 15.99 applies to feedlot permits issued by the agency or a county pursuant to this
subdivision.

(c) For the purpose of administration of rules adopted under this subdivision, the
commissioner and the agency may provide exceptions for cases where the owner of a feedlot
has specific written plans to close the feedlot within five years. These exceptions include
waiving requirements for major capital improvements.

(d) For purposes of this subdivision, a discharge caused by an extraordinary natural
event such as a precipitation event of greater magnitude than the 25-year, 24-hour event,
tornado, or flood in excess of the 100-year flood is not a "direct discharge of pollutants."

(e) In adopting and enforcing rules under this subdivision, the commissioner shall
cooperate closely with other governmental agencies.

(f) The Pollution Control Agency shall work with the Minnesota Extension Service, the
Department of Agriculture, the Board of Water and Soil Resources, producer groups, local
units of government, as well as with appropriate federal agencies such as the Natural
Resources Conservation Service and the Farm Service Agency, to notify and educate
producers of rules under this subdivision at the time the rules are being developed and
adopted and at least every two years thereafter.

(g) The Pollution Control Agency shall adopt rules governing the issuance and denial
of permits for livestock feedlots, poultry lots or other animal lots pursuant to this section.
Pastures are exempt from the rules authorized under this paragraph new text begin , and a feedlot permit
must not include any terms or conditions that impose requirements related to pastures located
on, adjacent to, or in the vicinity of the feedlot new text end . A feedlot permit is not required for livestock
feedlots with more than ten but less than 50 animal units; provided they are not in shoreland
areas. A livestock feedlot permit does not become required solely because of a change in
the ownership of the buildings, grounds, or feedlot. These rules apply both to permits issued
by counties and to permits issued by the Pollution Control Agency directly.

(h) The Pollution Control Agency shall exercise supervising authority with respect to
the processing of animal lot permit applications by a county.

(i) Any new rules or amendments to existing rules proposed under the authority granted
in this subdivision, or to implement new fees on animal feedlots, must be submitted to the
members of legislative policy and finance committees with jurisdiction over agriculture and
the environment prior to final adoption. The rules must not become effective until 90 days
after the proposed rules are submitted to the members.

(j) Until new rules are adopted that provide for plans for manure storage structures, any
plans for a liquid manure storage structure must be prepared or approved by a registered
professional engineer or a United States Department of Agriculture, Natural Resources
Conservation Service employee.

(k) A county may adopt by ordinance standards for animal feedlots that are more stringent
than standards in Pollution Control Agency rules.

(l) After January 1, 2001, a county that has not accepted delegation of the feedlot permit
program must hold a public meeting prior to the agency issuing a feedlot permit for a feedlot
facility with 300 or more animal units, unless another public meeting has been held with
regard to the feedlot facility to be permitted.

(m) After the proposed rules published in the State Register, volume 24, number 25, are
finally adopted, the agency may not impose additional conditions as a part of a feedlot
permit, unless specifically required by law or agreed to by the feedlot operator.

(n) For the purposes of feedlot permitting, a discharge from land-applied manure or a
manure stockpile that is managed according to agency rule must not be subject to a fine for
a discharge violation.

(o) For the purposes of feedlot permitting, manure that is land applied, or a manure
stockpile that is managed according to agency rule, must not be considered a discharge into
waters of the state, unless the discharge is to waters of the state, as defined by section
103G.005, subdivision 17, except type 1 or type 2 wetlands, as defined in section 103G.005,
subdivision 17b, and does not meet discharge standards established for feedlots under agency
rule.

(p) new text begin The natural deposit of manure by livestock on pastures is not considered a discharge
into waters of the state and is not subject to any fine or penalty.
new text end

new text begin (q) new text end Unless the upgrade is needed to correct an immediate public health threat under
section 145A.04, subdivision 8, or the facility is determined to be a concentrated animal
feeding operation under Code of Federal Regulations, title 40, section 122.23, in effect on
April 15, 2003, the agency may not require a feedlot operator:

(1) to spend more than $3,000 to upgrade an existing feedlot with less than 300 animal
units unless cost-share money is available to the feedlot operator for 75 percent of the cost
of the upgrade; or

(2) to spend more than $10,000 to upgrade an existing feedlot with between 300 and
500 animal units, unless cost-share money is available to the feedlot operator for 75 percent
of the cost of the upgrade or $50,000, whichever is less.

deleted text begin (q) For the purposes of this section, "pastures" means areas, including winter feeding
areas as part of a grazing area, where grass or other growing plants are used for grazing and
where the concentration of animals allows a vegetative cover to be maintained during the
growing season except that vegetative cover is not required:
deleted text end

deleted text begin (1) in the immediate vicinity of supplemental feeding or watering devices;
deleted text end

deleted text begin (2) in associated corrals and chutes where livestock are gathered for the purpose of
sorting, veterinary services, loading and unloading trucks and trailers, and other necessary
activities related to good animal husbandry practices; and
deleted text end

deleted text begin (3) in associated livestock access lanes used to convey livestock to and from areas of
the pasture.
deleted text end

(r) A feedlot operator who stores and applies up to 100,000 gallons per calendar year of
private truck wash wastewater resulting from trucks that transport animals or supplies to
and from the feedlot does not require a permit to land-apply industrial by-products if the
feedlot operator stores and applies the wastewater in accordance with Pollution Control
Agency requirements for land applications of industrial by-product that do not require a
permit.

(s) A feedlot operator who holds a permit from the Pollution Control Agency to
land-apply industrial by-products from a private truck wash is not required to have a certified
land applicator apply the private truck wash wastewater if the wastewater is applied by the
feedlot operator to cropland owned or leased by the feedlot operator or by a commercial
animal waste technician licensed by the commissioner of agriculture under chapter 18C.
For purposes of this paragraph and paragraph (r), "private truck wash" means a truck washing
facility owned or leased, operated, and used only by a feedlot operator to wash trucks owned
or leased by the feedlot operator and used to transport animals or supplies to and from the
feedlot.

Sec. 3.

Minnesota Statutes 2018, section 116.07, subdivision 7d, is amended to read:

Subd. 7d.

Exemption.

deleted text begin (a) deleted text end Notwithstanding subdivision 7 or Minnesota Rules, chapter
7020, to the contrary, and notwithstanding the proximity to public or private waters, an
owner or resident of agricultural land on which livestock have been allowed to pasture at
any time during the ten-year period beginning January 1, 2010, is permanently exempt from
requirements related to feedlot or manure management on that land for so long as the property
remains in pasture.

deleted text begin (b) For the purposes of this subdivision, "pasture" means areas where livestock graze
on grass or other growing plants. Pasture also means agricultural land where livestock are
allowed to forage during the winter time and which land is used for cropping purposes in
the growing season. In either case, the concentration of animals must be such that a vegetative
cover, whether of grass, growing plants, or crops, is maintained during the growing season
except in the immediate vicinity of temporary supplemental feeding or watering devices.
deleted text end