Bill Text: MN HF1175 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Minnesota agricultural water quality program established, and rulemaking authorized.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-03-20 - Committee report, to pass as amended and re-refer to Environment, Natural Resources and Agriculture Finance [HF1175 Detail]
Download: Minnesota-2013-HF1175-Engrossed.html
1.2relating to agriculture; establishing the Minnesota agricultural water quality
1.3program; authorizing rulemaking; requiring reports;proposing coding for new
1.4law in Minnesota Statutes, chapter 17.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [17.9891] PURPOSE.
1.7The commissioner, in consultation with the Pollution Control Agency (PCA),
1.8Department of Natural Resources (DNR), and Board of Water and Soil Resources
1.9(BWSR), may implement a Minnesota agricultural water quality certification program
1.10(MAWQCP) whereby a producer who demonstrates practices and management sufficient
1.11to protect water quality is certified for up to ten years and presumed to be contributing
1.12the producer's share of any targeted reduction of water pollutants during the certification
1.13period. The program is voluntary. The program will first be piloted in selected watersheds
1.14across the state, until such time as the commissioner, in consultation with the PCA, DNR,
1.15and BWSR, determines the program is ready to be expanded.
1.16 Sec. 2. [17.9892] DEFINITIONS.
1.17 Subdivision 1. Application. The definitions in this section apply to sections
1.1817.9891 to 17.993.
1.19 Subd. 2. Technical assistance. "Technical assistance" means professional, advisory,
1.20or cost-share assistance provided to individuals that is designed to achieve MAWQCP
1.21certification.
2.1 Subd. 3. Certifying agent. "Certifying agent" means a person who is authorized
2.2by the commissioner to assess producers to determine whether a producer satisfies the
2.3standards of the Minnesota agricultural water quality certification program.
2.4 Subd. 4. Certification. "Certification" means a producer has demonstrated
2.5compliance with all applicable environmental rules and statutes for all of the producer's
2.6owned and rented agricultural land, and has achieved a satisfactory score through the
2.7certification instrument and verified by a certifying agent. A certification is valid for up to
2.8ten years, as long as the producer maintains compliance with original certification practices.
2.9 Subd. 5. Eligible land. "Eligible land" means all acres of an agricultural operation
2.10of a producer, whether or not contiguous, that are under the effective control of the
2.11producer at the time the producer enters into the certification program, and is operated
2.12by the producer with equipment, labor, and management.
2.13 Subd. 6. Effective control. "Effective control" means possession of the land
2.14by ownership, written lease, or other legal agreement and authority to act as decision
2.15maker for the day-to-day management of the operation at the time the producer achieves
2.16certification and for the required period of the certification.
2.17 Sec. 3. [17.9893] CERTIFICATION INSTRUMENT.
2.18The commissioner, in consultation with the PCA, DNR, and BWSR, shall develop an
2.19analytical instrument to assess the water quality practices and management of agricultural
2.20operations. This instrument shall be used to certify the water quality practices and
2.21management of an agricultural operation are consistent with state water quality goals and
2.22standards. The commissioner shall define a satisfactory score for certification purposes.
2.23The certification instrument tool shall:
2.24(1) integrate applicable existing regulatory requirements;
2.25(2) utilize technology and prioritize ease of use;
2.26(3) utilize a water quality index or score applicable to the landscape;
2.27(4) incorporate a process for updates and revisions as practices, management, and
2.28technology changes become established and approved; and
2.29(5) comprehensively address water quality impacts.
2.30 Sec. 4. [17.9894] LICENSE.
2.31 Subdivision 1. License. Any person who offers certification services to producers
2.32as part of this program must satisfy all criteria in subdivision 2 and be licensed by
2.33the commissioner. A certifying agent is ineligible to provide certification services to
3.1any producer to whom the certifying agent has also provided technical assistance. The
3.2department may set fees for such license.
3.3 Subd. 2. Certifying agent requirements. In order to be licensed as a certifying
3.4agent, a person must:
3.5(1) be an agricultural conservation professional employed by the state of Minnesota, a
3.6Soil and Water Conservation District, the Natural Resources Conservation Service, or be a
3.7Minnesota certified crop advisor as recognized by the American Society of Agronomy; and
3.8(2) have passed a comprehensive exam, as set by the commissioner, evaluating
3.9knowledge of water quality, soil health, best farm management techniques, and the
3.10certification instrument; and
3.11(3) maintain continuing education requirements as set by the commissioner.
3.12 Sec. 5. [17.9895] DUTIES OF A CERTIFYING AGENT.
3.13 Subdivision 1. Duties of certifying agent. A certifying agent shall conduct formal
3.14certification assessment utilizing the certification instrument to determine whether a
3.15producer meets the criteria set forth in the program. If a producer satisfies all requirements,
3.16the certifying agent shall notify the commissioner of the producer's eligibility and request
3.17that the state issue a certificate. All records and documents used in the assessment shall be
3.18compiled by the certifying agent and submitted to the commissioner.
3.19 Subd. 2. Violations. In the event a certifying agent violates any provision of
3.20sections 17.9891 to 17.993 or an order of the commissioner, the commissioner may issue a
3.21written warning, or a correction order, and may suspend or revoke a license. If a license or
3.22certificate is suspended or revoked, the certifying agent has ten days from the suspension
3.23or revocation to appeal. If a certifying agent appeals, the commissioner shall hold an
3.24administrative hearing within 30 days of the suspension or revocation of the license,
3.25or longer by agreement of the parties, to determine whether the license is revoked or
3.26suspended. The commissioner shall issue an opinion within 30 days. If a person notifies
3.27the commissioner that the person intends to contest the commissioner's opinion, the Office
3.28of Administrative Hearings shall conduct a hearing in accordance with the applicable
3.29provisions of chapter 14 for hearings in contested cases.
3.30 Sec. 6. [17.9896] CERTIFICATION PROCEDURES.
3.31A producer who seeks certification of eligible land shall conduct an initial
3.32assessment using the certification instrument, obtain technical assistance, if necessary,
3.33to achieve a satisfactory score on the certification instrument, and apply for certification
3.34from a licensed certifying agent. Once certified, if a producer obtains effective control
4.1in additional agricultural land, the producer must notify a certifying agent and obtain
4.2certification on the additional land within one year in order to maintain the producer's
4.3original certification. The commissioner may terminate a certification if the producer fails
4.4to obtain certification on any additional land for which the producer obtains effective
4.5control. The commissioner may revoke a certification and seek reimbursement of any
4.6monetary benefit a producer may have received due to certification from a producer who
4.7fails to maintain certification criteria. The commissioner shall revoke a certification
4.8through the hearing process outlined in section 17.9895, subdivision 2.
4.9 Sec. 7. [17.9897] CERTIFICATION CERTAINTY.
4.10(a) Once a producer is certified, the producer:
4.11(1) will retain certification for up to ten years from the date of certification if the
4.12producer complies with the certification agreement even if the producer does not comply
4.13with new state water protection laws or rules that take effect during the certification period;
4.14(2) is considered to be meeting the producer's contributions to any targeted
4.15reductions of pollutants during the period of certification;
4.16(3) is required to continue implementation of practices that maintain the producer's
4.17certification; and
4.18(4) is required to retain all records pertaining to certification.
4.19(b) Paragraph (a) does not preclude enforcement of a local ordinance by a local
4.20unit of government.
4.21 Sec. 8. [17.9898] AUDITS.
4.22The commissioner shall perform random audits of the producers and certifying
4.23agents to ensure compliance with the program. All producers and certifying agents shall
4.24cooperate with the commissioner during these audits, and provide all relevant documents
4.25to the commissioner for inspection and copying. Any delay, obstruction, or refusal to
4.26cooperate with the commissioner's audit, or falsification of or failure to provide required
4.27data or information, is a violation subject to the provisions of section 17.9895, subdivision
4.282, or 17.9896.
4.29 Sec. 9. [17.9899] DATA.
4.30All data collected under this program that identifies the producer or the producer's
4.31location shall be considered nonpublic data as defined in section 13.02, subdivision 9, or
4.32private data on individuals as defined in section 13.02, subdivision 12. The commissioner
5.1shall make available summary data of program outcomes on data classified as private
5.2or nonpublic under this section.
5.3 Sec. 10. [17.991] RULEMAKING.
5.4The commissioner may develop rules to implement this program.
5.5 Sec. 11. [17.992] REPORTS.
5.6The commissioner, in consultation with the DNR, BWSR, and PCA, shall issue a
5.7biennial report to the chairs and ranking minority members of the legislative committees
5.8with jurisdiction over agricultural policy on the status of the program.
5.9 Sec. 12. [17.993] GRANTING.
5.10The commissioner may use contributions from gifts or other state accounts, provided
5.11that the purposes of the expenditures are consistent with the purpose of the accounts, for
5.12grants, loans, or other financial assistance.
1.3program; authorizing rulemaking; requiring reports;proposing coding for new
1.4law in Minnesota Statutes, chapter 17.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [17.9891] PURPOSE.
1.7The commissioner, in consultation with the Pollution Control Agency (PCA),
1.8Department of Natural Resources (DNR), and Board of Water and Soil Resources
1.9(BWSR), may implement a Minnesota agricultural water quality certification program
1.10(MAWQCP) whereby a producer who demonstrates practices and management sufficient
1.11to protect water quality is certified for up to ten years and presumed to be contributing
1.12the producer's share of any targeted reduction of water pollutants during the certification
1.13period. The program is voluntary. The program will first be piloted in selected watersheds
1.14across the state, until such time as the commissioner, in consultation with the PCA, DNR,
1.15and BWSR, determines the program is ready to be expanded.
1.16 Sec. 2. [17.9892] DEFINITIONS.
1.17 Subdivision 1. Application. The definitions in this section apply to sections
1.1817.9891 to 17.993.
1.19 Subd. 2. Technical assistance. "Technical assistance" means professional, advisory,
1.20or cost-share assistance provided to individuals that is designed to achieve MAWQCP
1.21certification.
2.1 Subd. 3. Certifying agent. "Certifying agent" means a person who is authorized
2.2by the commissioner to assess producers to determine whether a producer satisfies the
2.3standards of the Minnesota agricultural water quality certification program.
2.4 Subd. 4. Certification. "Certification" means a producer has demonstrated
2.5compliance with all applicable environmental rules and statutes for all of the producer's
2.6owned and rented agricultural land, and has achieved a satisfactory score through the
2.7certification instrument and verified by a certifying agent. A certification is valid for up to
2.8ten years, as long as the producer maintains compliance with original certification practices.
2.9 Subd. 5. Eligible land. "Eligible land" means all acres of an agricultural operation
2.10of a producer, whether or not contiguous, that are under the effective control of the
2.11producer at the time the producer enters into the certification program, and is operated
2.12by the producer with equipment, labor, and management.
2.13 Subd. 6. Effective control. "Effective control" means possession of the land
2.14by ownership, written lease, or other legal agreement and authority to act as decision
2.15maker for the day-to-day management of the operation at the time the producer achieves
2.16certification and for the required period of the certification.
2.17 Sec. 3. [17.9893] CERTIFICATION INSTRUMENT.
2.18The commissioner, in consultation with the PCA, DNR, and BWSR, shall develop an
2.19analytical instrument to assess the water quality practices and management of agricultural
2.20operations. This instrument shall be used to certify the water quality practices and
2.21management of an agricultural operation are consistent with state water quality goals and
2.22standards. The commissioner shall define a satisfactory score for certification purposes.
2.23The certification instrument tool shall:
2.24(1) integrate applicable existing regulatory requirements;
2.25(2) utilize technology and prioritize ease of use;
2.26(3) utilize a water quality index or score applicable to the landscape;
2.27(4) incorporate a process for updates and revisions as practices, management, and
2.28technology changes become established and approved; and
2.29(5) comprehensively address water quality impacts.
2.30 Sec. 4. [17.9894] LICENSE.
2.31 Subdivision 1. License. Any person who offers certification services to producers
2.32as part of this program must satisfy all criteria in subdivision 2 and be licensed by
2.33the commissioner. A certifying agent is ineligible to provide certification services to
3.1any producer to whom the certifying agent has also provided technical assistance. The
3.2department may set fees for such license.
3.3 Subd. 2. Certifying agent requirements. In order to be licensed as a certifying
3.4agent, a person must:
3.5(1) be an agricultural conservation professional employed by the state of Minnesota, a
3.6Soil and Water Conservation District, the Natural Resources Conservation Service, or be a
3.7Minnesota certified crop advisor as recognized by the American Society of Agronomy; and
3.8(2) have passed a comprehensive exam, as set by the commissioner, evaluating
3.9knowledge of water quality, soil health, best farm management techniques, and the
3.10certification instrument; and
3.11(3) maintain continuing education requirements as set by the commissioner.
3.12 Sec. 5. [17.9895] DUTIES OF A CERTIFYING AGENT.
3.13 Subdivision 1. Duties of certifying agent. A certifying agent shall conduct formal
3.14certification assessment utilizing the certification instrument to determine whether a
3.15producer meets the criteria set forth in the program. If a producer satisfies all requirements,
3.16the certifying agent shall notify the commissioner of the producer's eligibility and request
3.17that the state issue a certificate. All records and documents used in the assessment shall be
3.18compiled by the certifying agent and submitted to the commissioner.
3.19 Subd. 2. Violations. In the event a certifying agent violates any provision of
3.20sections 17.9891 to 17.993 or an order of the commissioner, the commissioner may issue a
3.21written warning, or a correction order, and may suspend or revoke a license. If a license or
3.22certificate is suspended or revoked, the certifying agent has ten days from the suspension
3.23or revocation to appeal. If a certifying agent appeals, the commissioner shall hold an
3.24administrative hearing within 30 days of the suspension or revocation of the license,
3.25or longer by agreement of the parties, to determine whether the license is revoked or
3.26suspended. The commissioner shall issue an opinion within 30 days. If a person notifies
3.27the commissioner that the person intends to contest the commissioner's opinion, the Office
3.28of Administrative Hearings shall conduct a hearing in accordance with the applicable
3.29provisions of chapter 14 for hearings in contested cases.
3.30 Sec. 6. [17.9896] CERTIFICATION PROCEDURES.
3.31A producer who seeks certification of eligible land shall conduct an initial
3.32assessment using the certification instrument, obtain technical assistance, if necessary,
3.33to achieve a satisfactory score on the certification instrument, and apply for certification
3.34from a licensed certifying agent. Once certified, if a producer obtains effective control
4.1in additional agricultural land, the producer must notify a certifying agent and obtain
4.2certification on the additional land within one year in order to maintain the producer's
4.3original certification. The commissioner may terminate a certification if the producer fails
4.4to obtain certification on any additional land for which the producer obtains effective
4.5control. The commissioner may revoke a certification and seek reimbursement of any
4.6monetary benefit a producer may have received due to certification from a producer who
4.7fails to maintain certification criteria. The commissioner shall revoke a certification
4.8through the hearing process outlined in section 17.9895, subdivision 2.
4.9 Sec. 7. [17.9897] CERTIFICATION CERTAINTY.
4.10(a) Once a producer is certified, the producer:
4.11(1) will retain certification for up to ten years from the date of certification if the
4.12producer complies with the certification agreement even if the producer does not comply
4.13with new state water protection laws or rules that take effect during the certification period;
4.14(2) is considered to be meeting the producer's contributions to any targeted
4.15reductions of pollutants during the period of certification;
4.16(3) is required to continue implementation of practices that maintain the producer's
4.17certification; and
4.18(4) is required to retain all records pertaining to certification.
4.19(b) Paragraph (a) does not preclude enforcement of a local ordinance by a local
4.20unit of government.
4.21 Sec. 8. [17.9898] AUDITS.
4.22The commissioner shall perform random audits of the producers and certifying
4.23agents to ensure compliance with the program. All producers and certifying agents shall
4.24cooperate with the commissioner during these audits, and provide all relevant documents
4.25to the commissioner for inspection and copying. Any delay, obstruction, or refusal to
4.26cooperate with the commissioner's audit, or falsification of or failure to provide required
4.27data or information, is a violation subject to the provisions of section 17.9895, subdivision
4.282, or 17.9896.
4.29 Sec. 9. [17.9899] DATA.
4.30All data collected under this program that identifies the producer or the producer's
4.31location shall be considered nonpublic data as defined in section 13.02, subdivision 9, or
4.32private data on individuals as defined in section 13.02, subdivision 12. The commissioner
5.1shall make available summary data of program outcomes on data classified as private
5.2or nonpublic under this section.
5.3 Sec. 10. [17.991] RULEMAKING.
5.4The commissioner may develop rules to implement this program.
5.5 Sec. 11. [17.992] REPORTS.
5.6The commissioner, in consultation with the DNR, BWSR, and PCA, shall issue a
5.7biennial report to the chairs and ranking minority members of the legislative committees
5.8with jurisdiction over agricultural policy on the status of the program.
5.9 Sec. 12. [17.993] GRANTING.
5.10The commissioner may use contributions from gifts or other state accounts, provided
5.11that the purposes of the expenditures are consistent with the purpose of the accounts, for
5.12grants, loans, or other financial assistance.
