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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 435-H.F.No. 3692 
                  An act relating to agriculture; amending feedlot 
                  permit provisions; providing for training and 
                  certification; defining terms; providing a moratorium; 
                  providing specific requirements for feedlot permit 
                  rules; adding requirements for administrative penalty 
                  orders; requiring a report, a study, and a plan; 
                  amending Minnesota Statutes 1998, sections 116.06, by 
                  adding a subdivision; 116.07, subdivision 7c; and 
                  116.0713; Minnesota Statutes 1999 Supplement, sections 
                  116.07, subdivision 7; and 116.072, subdivision 13; 
                  Laws 1998, chapter 40, section 52; proposing coding 
                  for new law in Minnesota Statutes, chapter 18C. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [18C.432] [MANURE APPLICATOR EDUCATION AND 
        TRAINING.] 
           Subdivision 1.  [EDUCATION AND TRAINING.] (a) The 
        commissioner shall develop, in conjunction with the University 
        of Minnesota extension service, innovative educational and 
        training programs addressing manure applicator concerns, 
        including water quality protection and the development of manure 
        management plans. 
           (b) The commissioner shall appoint educational planning 
        committees which must include representatives of industry. 
           (c) Specific current regulatory concerns must be discussed 
        and, if appropriate, incorporated into each training session. 
           (d) The commissioner may approve programs from private 
        industry and nonprofit organizations that meet minimum 
        requirements for education, training, and certification. 
           (e) The commissioner shall report to the house and senate 
        agriculture policy and funding committees by January 30, 2001, 
        with recommendations for training, examination, certification, 
        and costs of a private applicator manure certification program. 
           Subd. 2.  [TRAINING MANUAL AND EXAMINATION 
        DEVELOPMENT.] The commissioner, in conjunction with the 
        University of Minnesota extension service, shall continually 
        revise and update manure applicator training manuals and 
        examinations.  Questions in the examinations must be determined 
        by the commissioner.  Manuals and examinations must include 
        manure management practices that discuss prevention of manure 
        occurrence in waters of the state. 
           Sec. 2.  [18C.433] [PRIVATE MANURE APPLICATOR 
        CERTIFICATION.] 
           Subdivision 1.  [REQUIREMENT.] Beginning January 1, 2005, 
        except for a commercial animal waste technician, only a 
        certified private manure applicator may apply animal waste from 
        a feedlot that: 
           (1) has a capacity of 300 animal units or more; and 
           (2) does not have an updated manure management plan that 
        meets the requirements of pollution control agency rules. 
           Subd. 2.  [CERTIFICATION.] (a) The commissioner shall 
        prescribe certification requirements and provide training.  The 
        training may be done in cooperation with other government 
        agencies and must be at least three hours in duration. 
           (b) A person must apply to the commissioner for 
        certification as a private manure applicator.  The certification 
        expires March 1 of the third calendar year after the initial 
        year of certification. 
           (c) The commissioner shall issue a private manure 
        applicator card to a certified private manure applicator. 
           Subd. 3.  [FEES.] (a) A person applying to be certified as 
        a private manure applicator must pay a nonrefundable $10 
        application fee. 
           (b) A $5 fee must be paid for the issuance of a duplicate 
        private manure applicator card. 
           Sec. 3.  Minnesota Statutes 1998, section 116.06, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [ANIMAL UNIT.] "Animal unit" means a unit of 
        measure used to compare differences in the production of animal 
        manure that employs as a standard the amount of manure produced 
        on a regular basis by a slaughter steer or heifer for an animal 
        feedlot or manure storage area calculated by multiplying the 
        number of animals of each type in clauses (1) to (9) by the 
        respective multiplication factor and summing the resulting 
        values for the total number of animal units.  For purposes of 
        this chapter, the following multiplication factors apply: 
           (1) one mature dairy cow, whether milked or dry: 
           (i) over 1,000 pounds, 1.4 animal units; or 
           (ii) under 1,000 pounds, 1.0 animal unit; 
           (2) one cow and calf pair, 1.2 units; 
           (3) one calf, 0.2 unit; 
           (4) one slaughter steer, 1.0 animal unit; 
           (5) head of feeder cattle or heifer, 0.7 unit; 
           (6) one head of swine: 
           (i) over 300 pounds, 0.4 animal unit; 
           (ii) between 55 pounds and 300 pounds, 0.3 animal unit; and 
           (iii) under 55 pounds, 0.05 animal unit; 
           (7) one horse, 1.0 animal unit; 
           (8) one sheep or lamb, 0.1 animal unit; 
           (9) one chicken: 
           (i) one laying hen or broiler, if the facility has a liquid 
        manure system, 0.033 animal unit; or 
           (ii) one chicken if the facility has a dry manure system: 
           (A) over five pounds, 0.005 animal unit; or 
           (B) under five pounds, 0.003 animal unit; 
           (10) one turkey: 
           (i) over five pounds, 0.018 animal unit; or 
           (ii) under five pounds, 0.005 animal unit; 
           (11) one duck, 0.01 animal unit; and 
           (12) for animals not listed in clauses (1) to (8), the 
        number of animal units is the average weight of the animal in 
        pounds divided by 1,000 pounds. 
           Sec. 4.  Minnesota Statutes 1999 Supplement, section 
        116.07, subdivision 7, is amended to read: 
           Subd. 7.  [COUNTIES; PROCESSING OF 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.  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) Unless the upgrade is needed to correct an immediate 
        public health threat under section 145A.04, subdivision 8, 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. 
           Sec. 5.  Minnesota Statutes 1998, section 116.07, 
        subdivision 7c, is amended to read: 
           Subd. 7c.  [NPDES PERMITTING REQUIREMENTS.] (a) The agency 
        must issue National Pollutant Discharge Elimination System 
        permits for feedlots with 1,000 animal units or more and that 
        meet the definition of a "concentrated animal feeding operation" 
        in Code of Federal Regulations, title 40, section 122.23, based 
        on the following schedule: 
           (1) for applications received after April 22, 1998, a 
        permit for a newly constructed or expanded animal feedlot with 
        2,000 or more animal units must be issued as an individual 
        permit; 
           (2) for applications received after January 1, 1999, a 
        permit for a newly constructed or expanded animal feedlot with 
        between 1,000 and 2,000 animal units that is identified as a 
        priority by the commissioner, using criteria established under 
        paragraph (e) (d), must be issued as an individual permit; and 
           (3) (2) after January 1, 2001, all an existing feedlots 
        with 1,000 or more animal units feedlot that is identified as a 
        priority by the commissioner, using criteria established under 
        paragraph (e) must be issued as an individual or general 
        National Pollutant Discharge Elimination System permit.; and 
           (b) By October 1, 1999, (3) the agency must issue a general 
        National Pollutant Discharge Elimination System permit for 
        animal feedlots with between 1,000 and 2,000 animal units that 
        are not identified under paragraph (a), clause (1) or (2). 
           (c) (b) Prior to the issuance of a general National 
        Pollutant Discharge Elimination System permit for a category of 
        animal feedlot facility permittees, the agency must hold at 
        least one public hearing on the permit issuance. 
           (d) (c) To the extent practicable, the agency must include 
        a public notice and comment period for an individual National 
        Pollutant Discharge Elimination System permit concurrent with 
        any public notice and comment for: 
           (1) the purpose of environmental review of the same 
        facility under chapter 116D; or 
           (2) the purpose of obtaining a conditional use permit from 
        a local unit of government where the local government unit is 
        the responsible governmental unit for purposes of environmental 
        review under chapter 116D. 
           (e) By January 1, 1999, (d) The commissioner, in 
        consultation with the feedlot and manure management advisory 
        committee, created under section 17.136, and other interested 
        parties must develop criteria for determining whether an 
        individual National Pollutant Discharge Elimination System 
        permit is required under paragraph (a), clause (2), for an 
        animal feedlot with between 1,000 and 2,000 animal units (1).  
        The criteria must be based on proximity to waters of the state, 
        facility design, and other site-specific environmental factors. 
           (f) By January 1, 2000, (e) The commissioner, in 
        consultation with the feedlot and manure management advisory 
        committee, created under section 17.136, and other interested 
        parties must develop criteria for determining whether an 
        individual National Pollutant Discharge Elimination System 
        permit is required for an existing animal feedlot, under 
        paragraph (a), clause (3) (2).  The criteria must be based on 
        violations and other compliance problems at the facility. 
           (f) The commissioner, in consultation with the feedlot and 
        manure management advisory committee, created under section 
        17.136, and other interested parties must develop criteria for 
        determining when an individual National Pollutant Discharge 
        Elimination System permit is transferred from individual to 
        general permit status. 
           (g) Notwithstanding the provisions in paragraph (a), until 
        January 1, 2001, the commissioner may issue an individual 
        National Pollutant Discharge Elimination System permit for an 
        animal feedlot.  After the general permit is issued and the 
        criteria under paragraphs (d) and (e) are developed, individual 
        permits issued pursuant to this paragraph that do not fit the 
        criteria for an individual permit under the applicable 
        provisions of paragraph (d) or (e) must be transferred to 
        general permit status. 
           (h) The commissioner, in consultation with the feedlot and 
        manure management advisory committee, created under section 
        17.136, and other interested parties must develop criteria for 
        determining which feedlots are required to apply for and obtain 
        a National Pollutant Discharge Elimination System permit and 
        which feedlots are required to apply for and obtain a state 
        disposal system permit based upon the actual or potential to 
        discharge. 
           Sec. 6.  Minnesota Statutes 1998, section 116.0713, is 
        amended to read: 
           116.0713 [LIVESTOCK ODOR.] 
           (a) The pollution control agency must: 
           (1) monitor and identify potential livestock facility 
        violations of the state ambient air quality standards for 
        hydrogen sulfide, using a protocol for responding to citizen 
        complaints regarding feedlot odor and its hydrogen sulfide 
        component, including the appropriate use of portable monitoring 
        equipment that enables monitoring staff to follow plumes; 
           (2) when livestock production facilities are found to be in 
        violation of ambient hydrogen sulfide standards, take 
        appropriate actions necessary to ensure compliance, utilizing 
        appropriate technical assistance and enforcement and penalty 
        authorities provided to the agency by statute and rule. 
           (b) Livestock production facilities are exempt from state 
        ambient air quality standards while manure is being removed and 
        for seven days after manure is removed from barns or manure 
        storage facilities. 
           (c) For a livestock production facility having greater than 
        300 animal units, the maximum cumulative exemption in a calendar 
        year under paragraph (b) is 21 days for the removal process. 
           (d) The operator of a livestock production facility that 
        claims exemption from state ambient air quality standards under 
        paragraph (b) must provide notice of that claim to either the 
        pollution control agency or the county feedlot officer delegated 
        under section 116.07. 
           (e) State ambient air quality standards are applicable at 
        the property boundary of a farm or a parcel of agricultural land 
        on which a livestock production facility is located, except that 
        if the owner or operator of the farm or parcel obtains an air 
        quality easement from the owner of land adjoining the farm or 
        parcel, the air quality standards must be applicable at the 
        property boundary of the adjoining land to which the easement 
        pertains.  The air quality easement must be for no more than 
        five years, must be in writing, and must be available upon 
        request by the agency or the county feedlot officer.  
        Notwithstanding the provisions of this paragraph, state ambient 
        air quality standards are applicable at locations to which the 
        general public has access.  The "general public" does not 
        include employees or other categories of people who have been 
        directly authorized by the property owner to enter or remain on 
        the property for a limited period of time and for a specific 
        purpose, or trespassers. 
           (f) The agency may not require air emission modeling for a 
        type of livestock system that has not had a hydrogen sulfide 
        emission violation. 
           Sec. 7.  Minnesota Statutes 1999 Supplement, section 
        116.072, subdivision 13, is amended to read: 
           Subd. 13.  [FEEDLOT ADMINISTRATIVE PENALTY ORDERS.] (a) 
        Prior to the commissioner proposing an administrative penalty 
        order to a feedlot operator for a violation of feedlot laws or 
        rules, the agency staff who will determine if a penalty is 
        appropriate and who will determine the size of the penalty shall 
        offer to meet with the feedlot operator to discuss the 
        violation, and to allow the feedlot operator to present any 
        information that may affect any agency decisions on the 
        administrative penalty order. 
           (b) Notwithstanding subdivision 5, for serious feedlot law 
        or rule violations for which an administrative penalty order is 
        issued under this section, not less than 75 percent of the 
        penalty may must be forgiven if: 
           (1) the abated penalty is used for approved measures to 
        mitigate the violation for which the administrative penalty 
        order was issued or for environmental improvements to the farm; 
        and 
           (2) the commissioner determines that the violation has been 
        corrected or that appropriate steps are being taken to correct 
        the action. 
           Sec. 8.  Laws 1998, chapter 401, section 52, is amended to 
        read: 
           Sec. 52.  [PERMIT REQUIREMENTS.] 
           Until June 30, 2000 six months after preparation and final 
        approval by the environmental quality board of the generic 
        environmental impact statement required under Laws 1998, chapter 
        366, section 86, subdivision 2, or June 1 following approval of 
        the statement, whichever date is later, neither the pollution 
        control agency nor a county board may issue a permit for the 
        construction of an open-air clay, earthen, or flexible membrane 
        lined swine waste lagoon.  This section does not apply to repair 
        or modification related to an environmental improvement of an 
        existing lagoon. 
           Sec. 9.  [TIMELY RESPONSE TO PERMIT APPLICATIONS; REPORT ON 
        NEEDS.] 
           If the agency determines that it is unable to accomplish 
        timely response to animal feedlot permit applications under 
        Minnesota Statutes, section 15.99, using existing resources, the 
        commissioner shall, not later than October 15, 2000, report to 
        the commissioner of finance and the environment and agriculture 
        policy and finance committees of the senate and house of 
        representatives on the additional resources needed to accomplish 
        timely response. 
           Sec. 10.  [RULES FOR ANIMAL FEEDLOTS AND STORAGE, 
        TRANSPORTATION, AND UTILIZATION OF MANURE.] 
           (a) The pollution control agency shall amend the proposed 
        permanent rules relating to animal feedlots and storage, 
        transportation, and utilization of manure, published in the 
        State Register, volume 24, number 25, pages 848 to 884, December 
        20, 1999, according to this section and pursuant to Minnesota 
        Statutes, section 14.388. 
           (b) The agency shall remove the following provisions of the 
        proposed rules: 
           (1) restrictions on the pasturing of animals, including 
        winter feeding areas that comply with Minnesota Statutes, 
        section 116.07, subdivision 7, paragraph (o); 
           (2) the requirement for a manure management plan, except in 
        the case of a feedlot requiring a feedlot permit; 
           (3) the inclusion in the animal unit definition of manure 
        that is produced by animals that are not owned or managed by the 
        person who accepts manure from another party; and 
           (4) the requirement that a feedlot must include a pollution 
        prevention plan as part of their feedlot permit application. 
           (c) In the rules, the agency shall not require: 
           (1) a feedlot operator to remove manure packs and mounding, 
        except as necessary to prevent pollution; 
           (2) information on the permit application that is not 
        specifically required in the rules, unless the feedlot operator 
        will be using a new technology; 
           (3) more than the following information on the newspaper 
        notification of proposed construction or expansion: 
           (i) name of the owner or owners; 
           (ii) name of the facility; 
           (iii) location of the facility by county, township, 
        section, or quarter-section; 
           (iv) species of livestock and total animal units; and 
           (v) type of building and manure storage system; 
           (4) the regulation of process-generated wastewater, unless 
        it contains manure; 
           (5) that a feedlot must be issued an individual state 
        disposal system permit, unless the feedlot meets the criteria 
        established for individual permits under Minnesota Statutes, 
        section 116.07, subdivision 7c; and 
           (6) registration or a permit for a livestock facility 
        located on county fairgrounds. 
           (d) In the rules, the agency shall: 
           (1) include a registration notice provision requiring the 
        permitting authority to notify feedlot operators at least 90 
        days prior to the reregistration deadline; 
           (2) include a provision requiring that a receipt of 
        registration be sent back to the feedlot operator within 30 days 
        of receipt of the registration by the agency or the delegated 
        county; 
           (3) provide that feedlot permits remain in effect until a 
        new permit is issued by the agency or a county; 
           (4) provide that location restrictions for schools and 
        child care centers apply only to licensed child care centers, 
        the public schools defined in Minnesota Statutes, section 
        120A.05, and private schools, excluding home school sites; 
           (5) allow for compliance with interim corrective measures 
        for eligible open lots by October 1, 2005, and final compliance 
        by October 1, 2010; 
           (6) allow direct notification of a feedlot permit 
        application in lieu of the newspaper notification as provided in 
        Minnesota Statutes, section 116.07, subdivision 7a; 
           (7) allow a short-term stockpile site for 365 days; 
           (8) include only a general reference that the rules do not 
        preempt the adoption or enforcement of zoning ordinances or 
        plans by counties, townships, or cities; 
           (9) allow manure storage facility specifications that are 
        proposed by a registered professional engineer or a United 
        States Department of Agriculture, Natural Resources Conservation 
        Service employee and that meet federal and state discharge and 
        water quality restrictions; 
           (10) include an exemption from the prohibition on reuse of 
        a short-term stockpiling site in the preceding or following 
        calendar years for a site where manure is stockpiled for less 
        than ten days and the site is not used as a stockpile site for 
        more than six times in a calendar year; and 
           (11) provide that the management of nutrients from manure 
        can be consistent with guidelines, definitions, or 
        recommendations published by the University of Minnesota or 
        another land grant college in a contiguous state. 
           Sec. 11.  [FEEDLOT UPGRADES; REPORT, FINANCIAL ASSISTANCE.] 
           (a) The commissioner of agriculture, in close collaboration 
        with the commissioner of the pollution control agency and in 
        consultation with the commissioner of finance and a 
        representative of the board of water and soil resources, shall 
        study the need for state financial assistance by operators of 
        feedlots with a capacity of less than 1,000 animal units 
        required to upgrade facilities under proposed livestock feedlot 
        rules published in the State Register, volume 24, number 25. 
           (b) The study must identify the specific financial needs of 
        operators of feedlots with capacities: 
           (1) less than 100 animal units; 
           (2) more than 100 but less than 300 animal units; and 
           (3) more than 300 but less than 500 animal units. 
           (c) Not later than February 1, 2001, the commissioner of 
        agriculture shall report the findings of the study to the 
        standing committees of the senate and house of representatives 
        with jurisdiction over agriculture and environment policy issues 
        and budgeting.  The report must include recommendations to the 
        legislature on anticipated state costs to provide matching funds 
        for feedlot upgrades under Minnesota Statutes, section 116.07, 
        subdivision 7, paragraph (p). 
           Sec. 12.  [MORATORIUM ON UPGRADE REQUIREMENTS FOR SMALL 
        FEEDLOTS.] 
           Until the funding proposal for feedlots with a capacity 
        less than 100 animal units required by section 11 has been 
        enacted and funding under the proposal has been made available, 
        the pollution control agency may not require the operator of an 
        existing feedlot with less than 100 animal units to upgrade the 
        feedlot, unless cost-share money is available to the feedlot 
        operator for 75 percent of the cost of the upgrade or the 
        upgrade is needed to correct an immediate public health threat 
        under Minnesota Statutes, section 145A.04, subdivision 8. 
           Sec. 13.  [WORKGROUP; REPORT.] 
           The commissioner of the pollution control agency shall 
        convene a workgroup consisting of representatives from Natural 
        Resources Conservation Services and private sector licensed 
        professional engineers, including individuals with expertise in 
        hydraulics, structural systems, and geology, to review and 
        propose design standards for liquid manure storage facilities in 
        areas susceptible to soil collapse and sinkhole formation.  This 
        review shall include an evaluation of whether such standards 
        should be volume based or animal unit based.  The commissioner 
        shall submit the findings and recommendations of the workgroup 
        to the senate and house agriculture and rural development 
        committees by October 31, 2000. 
           Sec. 14.  [PRIVATE MANURE APPLICATOR EDUCATION AND TRAINING 
        PLAN.] 
           (a) The commissioner of agriculture shall study and develop 
        a plan, in conjunction with the University of Minnesota 
        extension service, for innovative educational and training 
        programs addressing manure applicator concerns, including water 
        quality protection and the development of manure management 
        plans. 
           (b) The commissioner shall appoint educational planning 
        committees, which must include representatives of industry. 
           (c) Specific current regulatory concerns must be discussed 
        and, if appropriate, incorporated into the plan. 
           (d) The commissioner may consider programs from private 
        industry and nonprofit organizations that meet minimum 
        requirements for education, training, and certification. 
           Sec. 15.  [EFFECTIVE DATE.] 
           Sections 1 to 14 are effective the day following final 
        enactment. 
           Presented to the governor April 20, 2000 
           Signed by the governor April 24, 2000, 1:40 p.m.