Bill Text: MN HF1175 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.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 once a producer demonstrates practices and management sufficient
1.11to protect and enhance water quality, the producer is exempt from having to comply with
1.12new rules affecting agricultural or land management practices that could affect water
1.13quality for up to ten years. The program shall be a voluntary program that is first piloted in
1.14selected watersheds across the state, until such time as the commissioner, in consultation
1.15with the PCA, DNR, and BWSR, determines the program is ready to be expanded.
1.16 Sec. 2. [17.9892] DEFINITIONS.
1.17 Subdivision 1. Technical assistance. "Technical assistance" means professional,
1.18advisory, or cost-share assistance provided to individuals that is designed to achieve
1.19MAWQCP certification.
1.20 Subd. 2. Certifying agent. "Certifying agent" means a person who is authorized
1.21by the commissioner to assess producers to determine whether a producer satisfies the
1.22standards of the Minnesota agricultural water quality certification program.
2.1 Subd. 3. Conflict of interest. "Conflict of interest" means an occurrence of a
2.2certifying agent also providing technical assistance to the same producer.
2.3 Subd. 4. Certification. "Certification" means a producer has demonstrated
2.4compliance with all applicable environmental rules and statutes for all of the producer's
2.5owned and rented agricultural land, and has achieved a satisfactory score through the
2.6certification instrument and verified by a certifying agent. A certification is valid for up to
2.7ten years, as long as the producer maintains compliance with original certification practices.
2.8 Subd. 5. Eligible land. "Eligible land" means all acres of an agricultural operation
2.9of a producer, whether or not contiguous, that are under the effective control of the
2.10producer at the time the producer enters into the certification program, and is operated
2.11by the producer with equipment, labor, and management.
2.12 Subd. 6. Effective control. "Effective control" means possession of the land
2.13by ownership, written lease, or other legal agreement and authority to act as decision
2.14maker for the day-to-day management of the operation at the time the producer achieves
2.15certification and for the required period of the certification.
2.16 Sec. 3. [17.9893] CERTIFICATION INSTRUMENT.
2.17The commissioner, in consultation with the PCA, DNR, and BSWR, shall develop an
2.18analytical instrument to assess the water quality practices and management of agricultural
2.19operations. This instrument shall be used to certify the water quality practices and
2.20management of an agricultural operation are consistent with state water quality goals and
2.21standards. The commissioner shall define a satisfactory score for certification purposes.
2.22The certification instrument tool shall:
2.23(1) integrate applicable existing regulatory requirements;
2.24(2) utilize technology and prioritize ease of use;
2.25(3) utilize a water quality index or score applicable to the landscape;
2.26(4) incorporate a process for updates and revisions as practices, management, and
2.27technology changes become established and approved; and
2.28(5) comprehensively address water quality impacts.
2.29 Sec. 4. [17.9894] LICENSE.
2.30 Subdivision 1. License. Any person who offers certification services to producers
2.31as part of this program must satisfy all criteria in subdivision 2 and be licensed by
2.32the commissioner. A certifying agent is ineligible to provide certification services to
2.33any producer to whom the certifying agent has also provided technical assistance. The
2.34department may set fees for such license.
3.1 Subd. 2. Certifying agent requirements. In order to be licensed as a certifying
3.2agent, a person must:
3.3(1) be an agricultural conservation professional employed by the state of Minnesota, a
3.4Soil and Water Conservation District, the Natural Resources Conservation Service, or be a
3.5Minnesota certified crop advisor as recognized by the American Society of Agronomy; and
3.6(2) have passed a comprehensive exam, as set by the commissioner, evaluating
3.7knowledge of water quality, soil health, best farm management techniques, and the
3.8certification instrument; and
3.9(3) maintain continuing education requirements as set by the commissioner.
3.10 Sec. 5. [17.9895] DUTIES OF A CERTIFYING AGENT.
3.11 Subdivision 1. Duties of certifying agent. A certifying agent shall conduct formal
3.12certification assessment utilizing the certification instrument to determine whether a
3.13producer meets the criteria set forth in the program. If a producer satisfies all requirements,
3.14the certifying agent shall notify the commissioner of the producer's eligibility and request
3.15that the state issue a certificate. All records and documents used in the assessment shall be
3.16compiled by the certifying agent and submitted to the commissioner.
3.17 Subd. 2. Violations. In the event a certifying agent violates any provision of this
3.18chapter or an order of the commissioner, the commissioner may issue a written warning,
3.19or a correction order, and may suspend or revoke a license. If a license or certificate is
3.20suspended or revoked, the certifying agent has ten days from the suspension or revocation
3.21to appeal. If a certifying agent appeals, the commissioner shall hold an administrative
3.22hearing within 30 days of the suspension or revocation of the license, or longer by
3.23agreement of the parties, to determine whether the license is revoked or suspended. The
3.24commissioner shall issue an opinion within 30 days. An appeal of the commissioner's
3.25decision shall be made pursuant to Minnesota Statutes, sections 14.63 to 14.68.
3.26 Sec. 6. [17.9896] CERTIFICATION PROCEDURES.
3.27A producer who seeks certification of eligible land shall conduct an initial
3.28assessment using the certification instrument, obtain technical assistance, if necessary,
3.29to achieve a satisfactory score on the certification instrument, and apply for certification
3.30from a licensed certifying agent. Once certified, if a producer obtains effective control
3.31in additional agricultural land, the producer must notify a certifying agent and obtain
3.32certification on the additional land within one year in order to maintain the producer's
3.33original certification. The commissioner may terminate a certification if the producer fails
3.34to obtain certification on any additional land for which the producer obtains effective
4.1control. The commissioner may revoke a certification and seek reimbursement of any
4.2monetary benefit a producer may have received due to certification from a producer who
4.3fails to maintain certification criteria. The commissioner shall revoke a certification
4.4through the hearing process outlined in section 17.9895, subdivision 2.
4.5 Sec. 7. [17.9897] CERTIFICATION CERTAINTY.
4.6Once a producer is certified, the producer:
4.7(1) is exempt from any new state rules pertaining to water quality protection for up
4.8to ten years from the date of certification;
4.9(2) is considered to be meeting the producer's contributions to any targeted
4.10reductions of pollutants during the period of certification;
4.11(3) is required to continue implementation of practices that maintain the producer's
4.12certification; and
4.13(4) is required to retain all records pertaining to certification.
4.14 Sec. 8. [17.9898] AUDITS.
4.15The commissioner shall perform random audits of the producers and certifying
4.16agents to ensure compliance with the program. All producers and certifying agents shall
4.17cooperate with the commissioner during these audits, and provide all relevant documents
4.18to the commissioner for inspection and copying. Any delay, obstruction, or refusal to
4.19cooperate with the commissioner's audit, or falsification of or failure to provide required
4.20data or information, is a violation subject to the provisions of section 17.9895, subdivision
4.212, or 17.9896.
4.22 Sec. 9. [17.9899] DATA.
4.23All data collected under this program that identifies the producer or the producer's
4.24location shall be considered nonpublic data as defined in section 13.02, subdivision 9, or
4.25private data on individuals as defined in section 13.02, subdivision 12. The commissioner
4.26shall make available summary data of program outcomes.
4.27 Sec. 10. [17.991] RULEMAKING.
4.28The commissioner may develop rules to implement this program.
4.29 Sec. 11. [17.992] REPORTS.
5.1The commissioner, in consultation with the DNR, BWSR, and PCA, shall issue a
5.2biennial report to the chairs and ranking minority members of the legislative committees
5.3with jurisdiction over agricultural policy on the status of the program.
5.4 Sec. 12. [17.993] GRANTING.
5.5The commissioner may use contributions from gifts or other state accounts, provided
5.6that the purposes of the expenditures are consistent with the purpose of the accounts, for
5.7grants, 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 once a producer demonstrates practices and management sufficient
1.11to protect and enhance water quality, the producer is exempt from having to comply with
1.12new rules affecting agricultural or land management practices that could affect water
1.13quality for up to ten years. The program shall be a voluntary program that is first piloted in
1.14selected watersheds across the state, until such time as the commissioner, in consultation
1.15with the PCA, DNR, and BWSR, determines the program is ready to be expanded.
1.16 Sec. 2. [17.9892] DEFINITIONS.
1.17 Subdivision 1. Technical assistance. "Technical assistance" means professional,
1.18advisory, or cost-share assistance provided to individuals that is designed to achieve
1.19MAWQCP certification.
1.20 Subd. 2. Certifying agent. "Certifying agent" means a person who is authorized
1.21by the commissioner to assess producers to determine whether a producer satisfies the
1.22standards of the Minnesota agricultural water quality certification program.
2.1 Subd. 3. Conflict of interest. "Conflict of interest" means an occurrence of a
2.2certifying agent also providing technical assistance to the same producer.
2.3 Subd. 4. Certification. "Certification" means a producer has demonstrated
2.4compliance with all applicable environmental rules and statutes for all of the producer's
2.5owned and rented agricultural land, and has achieved a satisfactory score through the
2.6certification instrument and verified by a certifying agent. A certification is valid for up to
2.7ten years, as long as the producer maintains compliance with original certification practices.
2.8 Subd. 5. Eligible land. "Eligible land" means all acres of an agricultural operation
2.9of a producer, whether or not contiguous, that are under the effective control of the
2.10producer at the time the producer enters into the certification program, and is operated
2.11by the producer with equipment, labor, and management.
2.12 Subd. 6. Effective control. "Effective control" means possession of the land
2.13by ownership, written lease, or other legal agreement and authority to act as decision
2.14maker for the day-to-day management of the operation at the time the producer achieves
2.15certification and for the required period of the certification.
2.16 Sec. 3. [17.9893] CERTIFICATION INSTRUMENT.
2.17The commissioner, in consultation with the PCA, DNR, and BSWR, shall develop an
2.18analytical instrument to assess the water quality practices and management of agricultural
2.19operations. This instrument shall be used to certify the water quality practices and
2.20management of an agricultural operation are consistent with state water quality goals and
2.21standards. The commissioner shall define a satisfactory score for certification purposes.
2.22The certification instrument tool shall:
2.23(1) integrate applicable existing regulatory requirements;
2.24(2) utilize technology and prioritize ease of use;
2.25(3) utilize a water quality index or score applicable to the landscape;
2.26(4) incorporate a process for updates and revisions as practices, management, and
2.27technology changes become established and approved; and
2.28(5) comprehensively address water quality impacts.
2.29 Sec. 4. [17.9894] LICENSE.
2.30 Subdivision 1. License. Any person who offers certification services to producers
2.31as part of this program must satisfy all criteria in subdivision 2 and be licensed by
2.32the commissioner. A certifying agent is ineligible to provide certification services to
2.33any producer to whom the certifying agent has also provided technical assistance. The
2.34department may set fees for such license.
3.1 Subd. 2. Certifying agent requirements. In order to be licensed as a certifying
3.2agent, a person must:
3.3(1) be an agricultural conservation professional employed by the state of Minnesota, a
3.4Soil and Water Conservation District, the Natural Resources Conservation Service, or be a
3.5Minnesota certified crop advisor as recognized by the American Society of Agronomy; and
3.6(2) have passed a comprehensive exam, as set by the commissioner, evaluating
3.7knowledge of water quality, soil health, best farm management techniques, and the
3.8certification instrument; and
3.9(3) maintain continuing education requirements as set by the commissioner.
3.10 Sec. 5. [17.9895] DUTIES OF A CERTIFYING AGENT.
3.11 Subdivision 1. Duties of certifying agent. A certifying agent shall conduct formal
3.12certification assessment utilizing the certification instrument to determine whether a
3.13producer meets the criteria set forth in the program. If a producer satisfies all requirements,
3.14the certifying agent shall notify the commissioner of the producer's eligibility and request
3.15that the state issue a certificate. All records and documents used in the assessment shall be
3.16compiled by the certifying agent and submitted to the commissioner.
3.17 Subd. 2. Violations. In the event a certifying agent violates any provision of this
3.18chapter or an order of the commissioner, the commissioner may issue a written warning,
3.19or a correction order, and may suspend or revoke a license. If a license or certificate is
3.20suspended or revoked, the certifying agent has ten days from the suspension or revocation
3.21to appeal. If a certifying agent appeals, the commissioner shall hold an administrative
3.22hearing within 30 days of the suspension or revocation of the license, or longer by
3.23agreement of the parties, to determine whether the license is revoked or suspended. The
3.24commissioner shall issue an opinion within 30 days. An appeal of the commissioner's
3.25decision shall be made pursuant to Minnesota Statutes, sections 14.63 to 14.68.
3.26 Sec. 6. [17.9896] CERTIFICATION PROCEDURES.
3.27A producer who seeks certification of eligible land shall conduct an initial
3.28assessment using the certification instrument, obtain technical assistance, if necessary,
3.29to achieve a satisfactory score on the certification instrument, and apply for certification
3.30from a licensed certifying agent. Once certified, if a producer obtains effective control
3.31in additional agricultural land, the producer must notify a certifying agent and obtain
3.32certification on the additional land within one year in order to maintain the producer's
3.33original certification. The commissioner may terminate a certification if the producer fails
3.34to obtain certification on any additional land for which the producer obtains effective
4.1control. The commissioner may revoke a certification and seek reimbursement of any
4.2monetary benefit a producer may have received due to certification from a producer who
4.3fails to maintain certification criteria. The commissioner shall revoke a certification
4.4through the hearing process outlined in section 17.9895, subdivision 2.
4.5 Sec. 7. [17.9897] CERTIFICATION CERTAINTY.
4.6Once a producer is certified, the producer:
4.7(1) is exempt from any new state rules pertaining to water quality protection for up
4.8to ten years from the date of certification;
4.9(2) is considered to be meeting the producer's contributions to any targeted
4.10reductions of pollutants during the period of certification;
4.11(3) is required to continue implementation of practices that maintain the producer's
4.12certification; and
4.13(4) is required to retain all records pertaining to certification.
4.14 Sec. 8. [17.9898] AUDITS.
4.15The commissioner shall perform random audits of the producers and certifying
4.16agents to ensure compliance with the program. All producers and certifying agents shall
4.17cooperate with the commissioner during these audits, and provide all relevant documents
4.18to the commissioner for inspection and copying. Any delay, obstruction, or refusal to
4.19cooperate with the commissioner's audit, or falsification of or failure to provide required
4.20data or information, is a violation subject to the provisions of section 17.9895, subdivision
4.212, or 17.9896.
4.22 Sec. 9. [17.9899] DATA.
4.23All data collected under this program that identifies the producer or the producer's
4.24location shall be considered nonpublic data as defined in section 13.02, subdivision 9, or
4.25private data on individuals as defined in section 13.02, subdivision 12. The commissioner
4.26shall make available summary data of program outcomes.
4.27 Sec. 10. [17.991] RULEMAKING.
4.28The commissioner may develop rules to implement this program.
4.29 Sec. 11. [17.992] REPORTS.
5.1The commissioner, in consultation with the DNR, BWSR, and PCA, shall issue a
5.2biennial report to the chairs and ranking minority members of the legislative committees
5.3with jurisdiction over agricultural policy on the status of the program.
5.4 Sec. 12. [17.993] GRANTING.
5.5The commissioner may use contributions from gifts or other state accounts, provided
5.6that the purposes of the expenditures are consistent with the purpose of the accounts, for
5.7grants, loans, or other financial assistance.
