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SF 771

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:15am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to soil and water conservation; creating a farm unit conservation plan
program; requiring a conservation plan for participation in a state cost-share
program; creating a farmland conservation task force; appropriating money;
amending Minnesota Statutes 2008, sections 103C.101, by adding subdivisions;
103C.501, subdivision 5; proposing coding for new law in Minnesota Statutes,
chapter 103C.

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

Section 1.

Minnesota Statutes 2008, section 103C.101, is amended by adding a
subdivision to read:


new text begin Subd. 2a. new text end

new text begin Conservation plan. new text end

new text begin "Conservation plan" means a set of documents
tailored to the natural and economic characteristics of an individual farm unit that includes
projects and practices recommended to both increase the economic viability of the farm
operation and preserve or enhance water, soil, wildlife, and other natural resources.
Specific items contained in a conservation plan must include but are not limited to:
estimated erosion and nutrient loss rates for the farm unit given current farming practices;
short-term and long-term economic and environmental effects of erosion and nutrient loss;
an explanation of relevant federal, state, and local erosion control and water quality laws
and suggested best practices; a summary of the local district's current comprehensive
plan if such a plan exists; a listing and description of suggested farming and resource
management practices including potential effects on yield, income, and farm operations
for each practice; and information on educational, technical, and financial assistance
available from relevant agencies and nongovernment organizations.
new text end

Sec. 2.

Minnesota Statutes 2008, section 103C.101, is amended by adding a
subdivision to read:


new text begin Subd. 5a. new text end

new text begin Farm unit. new text end

new text begin "Farm unit" means a single contiguous tract of agricultural
land, or two or more adjacent tracts of agricultural land with substantially similar
geographic, soil, and drainage characteristics, upon which crop or livestock production or
both are conducted by a person who owns or is purchasing or renting all of the land, or by
that person's tenant or tenants. If a landowner has multiple farm tenants, the land on which
farming operations are being conducted by each tenant is a separate farm unit.
new text end

Sec. 3.

Minnesota Statutes 2008, section 103C.501, subdivision 5, is amended to read:


Subd. 5.

Contracts by districts.

(a) A district board may contract on a cost-share
basis to furnish financial aid to a land occupier or to a state agency for permanent systems
for erosion or sedimentation control or water quality improvement that are consistent with
the district's comprehensive and annual work plans.

(b) The duration of the contract must, at a minimum, be the time required to
complete the planned systems. A contract must specify that the land occupier is liable for
monetary damages and penalties in an amount up to 150 percent of the financial assistance
received from the district, for failure to complete the systems or practices in a timely
manner or maintain the systems or practices as specified in the contract.

(c) A contract may provide for cooperation or funding with federal agencies. A land
occupier or state agency may provide the cost-sharing portion of the contract through
services in kind.

(d) The state board or the district board may not furnish any financial aid for
practices designed only to increase land productivity.

(e) When a district board determines that long-term maintenance of a system or
practice is desirable, the board may require that maintenance be made a covenant upon
the land for the effective life of the practice. A covenant under this subdivision shall be
construed in the same manner as a conservation restriction under section 84.65.

new text begin (f) After January 1, 2012, a district board may not enter into a new contract with an
occupier of agricultural land unless the occupier has a conservation plan for the impacted
land under section 103C.55, which may consist of a comparable plan as provided by
section 103C.55, subdivision 3.
new text end

Sec. 4.

new text begin [103C.55] FARM UNIT CONSERVATION PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Conservation plan. new text end

new text begin Except as provided in subdivision 3, district
boards, in consultation with the state board and the commissioner of agriculture, shall
develop a conservation plan for each farm unit in this state. A district board shall distribute
the completed conservation plan to the owner or operator of a farm unit.
new text end

new text begin Subd. 2. new text end

new text begin Priority. new text end

new text begin A district board must assign a higher priority to producing a
conservation plan for any farm unit located wholly or partially within the watershed of a
body of water included in the Pollution Control Agency's latest 303(d) total maximum
daily load list of impaired waters as impaired by a source or sources other than mercury or
polychlorinated biphenyls or other nonagricultural chemicals.
new text end

new text begin Subd. 3. new text end

new text begin Existing plan. new text end

new text begin A district board need not create a conservation plan for a
farm unit already covered by a comparable conservation plan prepared in consultation
with or by the Natural Resources Conservation Service or a state agency within ten years
prior to the effective date of this section.
new text end

Sec. 5. new text begin FARMLAND CONSERVATION TASK FORCE.
new text end

new text begin (a) The Board of Water and Soil Resources and the commissioner of agriculture must
convene a farmland conservation task force. The objective of the task force is to advise
the legislature on how the state can achieve the expedient implementation of cost-effective
soil and water conservation and nutrient management practices on the state's working
farmlands, with an emphasis on farms with a completed conservation plan including
recommended projects or practices both for the economic benefit of the farm operation
and the preservation or enhancement of this state's water, soil, wildlife, and other natural
resources. In particular, the task force must:
new text end

new text begin (1) estimate the amount of farmer demand statewide for assistance implementing
soil and water conservation and nutrient management projects or practices, including an
estimate of the financial and technical resources required and an implementation plan to
satisfy this demand as quickly as possible;
new text end

new text begin (2) summarize the latest understanding of cost-effective soil and water conservation
and nutrient management practices on agricultural lands along with the soil type,
geography, cropping, or livestock rearing methods and other conditions under which
each practice is most effective;
new text end

new text begin (3) describe and evaluate methods for quantitatively measuring any economic and
environmental improvements at both the farm and watershed levels for each practice
identified in clause (2); and
new text end

new text begin (4) describe and evaluate ways in which the state can encourage farmers to
implement cost-effective soil and water conservation and nutrient management
practices, including but not limited to: modifying or expanding existing state programs,
complementing existing federal working lands conservation programs, incorporating
a conservation compliance component in existing state property tax benefits for the
agriculture sector, and creating additional incentives.
new text end

new text begin (b) The task force must include a representative of each of the following
organizations: the committee or committees of the house of representatives with
jurisdiction over agriculture policy and finance, the committee or committees of the senate
with jurisdiction over agriculture policy and finance, the committee or committees of
the house of representatives with jurisdiction over environment and natural resources
policy and finance, the committee or committees of the senate with jurisdiction over
environment and natural resources policy and finance, the Department of Agriculture, the
Department of Natural Resources, the Pollution Control Agency, the Board of Water and
Soil Resources, the Minnesota Natural Resources Conservation Service of the United
States Department of Agriculture, the University of Minnesota agricultural experiment
stations, the University of Minnesota Extension Service, the Minnesota Farm Bureau, and
the Minnesota Farmers Union.
new text end

new text begin (c) No later than January 15, 2010, the Board of Water and Soil Resources must
report the findings and recommendations of the task force to the house and senate
committees with jurisdiction over agriculture policy and finance and environment and
natural resources policy and finance.
new text end

Sec. 6. new text begin APPROPRIATION.
new text end

new text begin (a) $....... in fiscal year 2010 is appropriated from the general fund to the Board of
Water and Soil Resources for the activities required by sections 3 and 4.
new text end

new text begin (b) $....... in fiscal year 2010 is appropriated from the general fund to the
commissioner of agriculture for the activities required by sections 3 and 4.
new text end