Bill Text: MN SF1028 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Agriculture, animal health board and agricultural utilization research institute appropriations
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-04-05 - Withdrawn and re-referred to Agriculture and Rural Economies [SF1028 Detail]
Download: Minnesota-2011-SF1028-Introduced.html
1.2relating to appropriations; appropriating money for agriculture and the Board
1.3of Animal Health; changing certain requirements, programs, and provisions;
1.4amending Minnesota Statutes 2010, sections 18C.005, by adding a subdivision;
1.518C.111, by adding a subdivision; 18C.131; 18C.425, by adding a subdivision;
1.618D.201, subdivision 5, by adding a subdivision; 18E.03, subdivision 4; 27.041,
1.7by adding a subdivision; 28A.08, subdivision 3; repealing Minnesota Statutes
1.82010, section 41A.09, subdivisions 1a, 2a, 3a, 4, 10.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11The amounts shown in this section summarize direct appropriations, by fund, made
1.12in this article.
1.19The sums shown in the columns marked "Appropriations" are appropriated to the
1.20agencies and for the purposes specified in this act. The appropriations are from the general
1.21fund, or another named fund, and are available for the fiscal years indicated for each
1.22purpose. The figures "2012" and "2013" used in this act mean that the appropriations
1.23listed under them are available for the fiscal year ending June 30, 2012, or June 30, 2013,
1.24respectively. "The first year" is fiscal year 2012. "The second year" is fiscal year 2013.
1.25"The biennium" is fiscal years 2012 and 2013.
2.12The amounts that may be spent for each
2.13purpose are specified in the following
2.14subdivisions.
2.19$388,000 the first year and $388,000 the
2.20second year are from the remediation fund
2.21for administrative funding for the voluntary
2.22cleanup program.
2.23$75,000 the first year and $75,000 the second
2.24year are for compensation for destroyed or
2.25crippled animals under Minnesota Statutes,
2.26section 3.737. If the amount in the first year
2.27is insufficient, the amount in the second year
2.28is available in the first year.
2.29$75,000 the first year and $75,000 the second
2.30year are for compensation for crop damage
2.31under Minnesota Statutes, section 3.7371. If
2.32the amount in the first year is insufficient, the
2.33amount in the second year is available in the
2.34first year.
3.1If the commissioner determines that claims
3.2made under Minnesota Statutes, section
3.33.737 or 3.7371, are unusually high, amounts
3.4appropriated for either program may be
3.5transferred to the appropriation for the other
3.6program.
3.9$186,000 the first year and $186,000 the
3.10second year are for transfer to the Minnesota
3.11grown account and may be used as grants
3.12for Minnesota grown promotion under
3.13Minnesota Statutes, section 17.102. Grants
3.14may be made for one year. Notwithstanding
3.15Minnesota Statutes, section 16A.28, the
3.16appropriations encumbered under contract on
3.17or before June 30, 2013, for Minnesota grown
3.18grants in this paragraph are available until
3.19June 30, 2015. $50,000 of the appropriation
3.20in each year is for efforts that identify
3.21and promote Minnesota grown products in
3.22retail food establishments including but not
3.23limited to restaurants, grocery stores, and
3.24convenience stores.
3.25Up to $100,000 each year may be used
3.26for grants to farmers for demonstration
3.27projects involving sustainable agriculture as
3.28authorized in Minnesota Statutes, section
3.2917.116. Of the amount for grants, up to
3.30$20,000 may be used for dissemination
3.31of information about the demonstration
3.32projects. Notwithstanding Minnesota
3.33Statutes, section 16A.28, the appropriations
3.34encumbered under contract on or before June
3.3530, 2013, for sustainable agriculture grants
4.1in this paragraph are available until June 30,
4.22015.
4.3$100,000 the first year and $100,000 the
4.4second year are to provide training and
4.5technical assistance to county and town
4.6officials relating to livestock siting issues
4.7and local zoning and land use planning,
4.8including maintenance of the checklist
4.9template clarifying the federal, state,
4.10and local government requirements for
4.11consideration of an animal agriculture
4.12modernization or expansion project. For the
4.13training and technical assistance program,
4.14the commissioner shall continue to seek
4.15guidance, advice, and support of livestock
4.16producer organizations, general agricultural
4.17organizations, local government associations,
4.18academic institutions, other government
4.19agencies, and others with expertise in land
4.20use and agriculture.
4.21$10,000 the first year and $10,000 the
4.22second year are for annual cost-share
4.23payments to resident farmers or persons
4.24who sell, process, or package agricultural
4.25products in this state for the costs of organic
4.26certification. Annual cost-share payments
4.27per farmer must be two-thirds of the cost
4.28of the certification or $350, whichever is
4.29less. In any year that a resident farmer or
4.30person who sells, processes, or packages
4.31agricultural products in this state receives
4.32a federal organic certification cost-share
4.33payment, that resident farmer or person is
4.34not eligible for state cost-share payments. A
4.35certified farmer is eligible to receive annual
4.36certification cost-share payments for up to
5.1five years. The commissioner may allocate
5.2any excess appropriation in either fiscal year
5.3for organic market and program development
5.4including organic producer education efforts,
5.5assistance for persons transitioning from
5.6conventional to organic agriculture, or
5.7sustainable agriculture demonstration grants
5.8authorized under Minnesota Statutes, section
5.917.116, and pertaining to organic research or
5.10demonstration. Any unencumbered balance
5.11does not cancel at the end of the first year
5.12and is available for the second year.
5.15$15,014,000 the first year is for final
5.16ethanol producer deficiency payments under
5.17Minnesota Statutes, section 41A.09. If the
5.18appropriation exceeds the total amount
5.19for which all producers are eligible, the
5.20balance in the appropriation is available to
5.21the commissioner for the agricultural growth,
5.22research, and innovation program under
5.23Minnesota Statutes, section 41A.12.
5.24$5,480,000 the second year is for the
5.25agricultural growth, research, and innovation
5.26program under Minnesota Statutes, section
5.2741A.12. This appropriation remains available
5.28until spent.
5.35$634,000 the first year and $634,000 the
5.36second year are for continuation of the dairy
6.1development and profitability enhancement
6.2and dairy business planning grant programs
6.3established under Laws 1997, chapter
6.4216, section 7, subdivision 2, and Laws
6.52001, First Special Session chapter 2,
6.6section 9, subdivision 2. The commissioner
6.7may allocate the available sums among
6.8permissible activities, including efforts to
6.9improve the quality of milk produced in the
6.10state in the proportions that the commissioner
6.11deems most beneficial to Minnesota's
6.12dairy farmers. The commissioner must
6.13submit a work plan detailing plans for
6.14expenditures under this program to the chairs
6.15of the legislative committees dealing with
6.16agricultural policy and budget on or before
6.17the start of each fiscal year. If significant
6.18changes are made to the plans in the course
6.19of the year, the commissioner must notify the
6.20chairs.
6.21$47,000 the first year and $47,000 the
6.22second year are for the Northern Crops
6.23Institute. These appropriations may be spent
6.24to purchase equipment.
6.25$18,000 the first year and $18,000 the
6.26second year are for a grant to the Minnesota
6.27Livestock Breeders Association.
6.28$235,000 the first year and $235,000 the
6.29second year are for grants to the Minnesota
6.30Agricultural Education and Leadership
6.31Council for programs of the council under
6.32Minnesota Statutes, chapter 41D.
6.33$474,000 the first year and $474,000 the
6.34second year are for payments to county and
6.35district agricultural societies and associations
7.1under Minnesota Statutes, section 38.02,
7.2subdivision 1. Aid payments to county and
7.3district agricultural societies and associations
7.4shall be disbursed no later than July 15 of
7.5each year. These payments are the amount of
7.6aid from the state for an annual fair held in
7.7the previous calendar year.
7.8$1,000 the first year and $1,000 the second
7.9year are for grants to the Minnesota State
7.10Poultry Association.
7.11$61,000 the first year and $61,000 the second
7.12year are for annual grants to the Minnesota
7.13Turf Seed Council for basic and applied
7.14research on the improved production of
7.15forage and turf seed related to new and
7.16improved varieties. The grant recipient may
7.17subcontract with a qualified third party for
7.18some or all of the basic and applied research.
7.19$47,000 the first year and $47,000 the
7.20second year are for annual grants to the
7.21Minnesota Turf Seed Council for basic
7.22and applied agronomic research on native
7.23plants, including plant breeding, nutrient
7.24management, pest management, disease
7.25management, yield, and viability. The grant
7.26recipient may subcontract with a qualified
7.27third party for some or all of the basic
7.28or applied research. The grant recipient
7.29must actively participate in the Agricultural
7.30Utilization Research Institute's Renewable
7.31Energy Roundtable and no later than
7.32February 1, 2013, must report to the house of
7.33representatives and senate committees with
7.34jurisdiction over agriculture finance.
8.1$500,000 the first year and $500,000 the
8.2second year are for grants to Second Harvest
8.3Heartland on behalf of Minnesota's six
8.4Second Harvest food banks for the purchase
8.5of milk for distribution to Minnesota's food
8.6shelves and other charitable organizations
8.7that are eligible to receive food from the food
8.8banks. Milk purchased under the grants must
8.9be acquired from Minnesota milk processors
8.10and based on low-cost bids. The milk must be
8.11allocated to each Second Harvest food bank
8.12serving Minnesota according to the formula
8.13used in the distribution of United States
8.14Department of Agriculture commodities
8.15under The Emergency Food Assistance
8.16Program (TEFAP). Second Harvest
8.17Heartland must submit quarterly reports
8.18to the commissioner on forms prescribed
8.19by the commissioner. The reports must
8.20include, but are not limited to, information
8.21on the expenditure of funds, the amount
8.22of milk purchased, and the organizations
8.23to which the milk was distributed. Second
8.24Harvest Heartland may enter into contracts
8.25or agreements with food banks for shared
8.26funding or reimbursement of the direct
8.27purchase of milk. Each food bank receiving
8.28money from this appropriation may use up to
8.29two percent of the grant for administrative
8.30expenses.
8.31$94,000 the first year and $94,000 the
8.32second year are for transfer to the Board of
8.33Trustees of the Minnesota State Colleges and
8.34Universities for mental health counseling
8.35support to farm families and business
8.36operators through farm business management
9.1programs at Central Lakes College and
9.2Ridgewater College.
9.3$17,000 the first year and $17,000 the
9.4second year are for grants to the Minnesota
9.5Horticultural Society.
9.6Notwithstanding Minnesota Statutes,
9.7section 18C.131, $800,000 the first year
9.8and $800,000 the second year are from the
9.9fertilizer account in the agricultural fund
9.10for grants for fertilizer research as awarded
9.11by the Minnesota Agricultural Fertilizer
9.12Research and Education Council under
9.13Minnesota Statutes, section 18C.71. The
9.14amount appropriated in either fiscal year
9.15must not exceed 57 percent of the inspection
9.16fee revenue collected under Minnesota
9.17Statutes, section 18C.425, subdivision 6,
9.18during the previous fiscal year. No later
9.19than February 1, 2013, the commissioner
9.20shall report to the legislative committees
9.21with jurisdiction over agriculture finance.
9.22The report must include the progress and
9.23outcome of funded projects as well as the
9.24sentiment of the council concerning the need
9.25for additional research funds.
9.27$2,276,000 the first year and $2,276,000
9.28the second year are for bovine tuberculosis
9.29eradication efforts in cattle herds.
9.30$100,000 the first year and $100,000 the
9.31second year are for a program to control
9.32paratuberculosis (Johne's disease) in
9.33domestic bovine herds.
10.1$389,000 the first year and $389,000 the
10.2second year are for the purposes of cervidae
10.3inspection as authorized in Minnesota
10.4Statutes, section 35.155.
10.7Money in this appropriation is available for
10.8technical assistance and technology transfer
10.9to bioenergy crop producers and users.
10.10 Sec. 6. Minnesota Statutes 2010, section 18C.005, is amended by adding a subdivision
10.11to read:
10.12 Subd. 1b. Ammonia and anhydrous ammonia. "Ammonia" and "anhydrous
10.13ammonia" are used interchangeably and mean a compound formed by the chemical
10.14combinations of the elements nitrogen and hydrogen in the molar proportion of one
10.15part nitrogen to three parts hydrogen. This relationship is shown by the chemical
10.16formula, NH3. On a weight basis, the ratio is 14 parts nitrogen to three parts hydrogen
10.17or approximately 82 percent nitrogen to 18 percent hydrogen. Ammonia may exist in
10.18either a gaseous or a liquid state. Ammonia or anhydrous ammonia does not include
10.19aqua ammonia or ammonium hydroxide, which are solutions of ammonia in water and
10.20are sometimes called "ammonia."
10.21 Sec. 7. Minnesota Statutes 2010, section 18C.111, is amended by adding a subdivision
10.22to read:
10.23 Subd. 4. Certification of regulatory compliance. (a) The commissioner may,
10.24under rules adopted under section 18C.121, subdivision 1, certify a person to offer or
10.25perform a regulatory compliance inspection of any person or site that stores, handles, or
10.26distributes ammonia or anhydrous ammonia fertilizer.
10.27(b) Pursuant to that rule, a person certified under paragraph (a) may issue a
10.28certification of compliance to an inspected person or site if the certified person documents
10.29in writing full compliance with the provisions of chapter 18C and rules adopted under
10.30that chapter.
10.31(c) A person or site issued a certification of compliance must provide a copy of the
10.32certification to the commissioner immediately upon request or within 90 days following
10.33certification.
11.1(d) Certifications of compliance are valid for a period of three years. The
11.2commissioner may determine a different time period in the interest of public safety or for
11.3other reasonable cause.
11.4 Sec. 8. Minnesota Statutes 2010, section 18C.131, is amended to read:
11.518C.131 FERTILIZER INSPECTION ACCOUNT.
11.6A fertilizer inspection account is established in the state treasury. The fees and
11.7surcharges collected under this chapter and interest attributable to money in the account
11.8must be deposited in the state treasury and credited to the fertilizer inspection account in
11.9the agricultural fund. Money in the account, including interest earned, is appropriated to
11.10the commissioner for the administration and enforcement of this chapter.
11.11 Sec. 9. Minnesota Statutes 2010, section 18C.425, is amended by adding a subdivision
11.12to read:
11.13 Subd. 7. Payment of anhydrous ammonia public safety surcharge. The person
11.14responsible for payment of the inspection fees under subdivision 6 must also pay an
11.15anhydrous ammonia public safety surcharge of 75 cents per ton, with a minimum of $10 on
11.16all tonnage reports. Ammonia or anhydrous ammonia sold or distributed to manufacturers
11.17or exchanges between them are exempt from the surcharge imposed by this subdivision if
11.18the ammonia or anhydrous ammonia is used exclusively for manufacturing purposes.
11.19 Sec. 10. Minnesota Statutes 2010, section 18D.201, subdivision 5, is amended to read:
11.20 Subd. 5. Violator liable for inspection costs. (a) The cost of reinspection and
11.21reinvestigation may be assessed by the commissioner if the person subject to the corrective
11.22action order or remedial action order does not comply with the order in a reasonable time
11.23as provided in the order.
11.24(b) A $400 reinspection fee may be assessed by the commissioner for a person or
11.25site that stores, handles, or distributes ammonia or anhydrous ammonia fertilizer if the
11.26commissioner determines that the person or site had serious violations of chapter 18C or
11.27rules adopted thereunder upon initial inspection.
11.28(b) (c) The commissioner may enter an order for recovery of the inspection and
11.29investigation costs.
11.30 Sec. 11. Minnesota Statutes 2010, section 18D.201, is amended by adding a
11.31subdivision to read:
12.1 Subd. 7. Compliance and inspection frequency. (a) The commissioner may
12.2implement policies and procedures that provide for a decrease in the frequency of
12.3regulatory inspection for a person or site issued a certification of compliance pursuant to
12.4section 18C.111, subdivision 4.
12.5(b) The commissioner must consider the compliance history, enforcement record,
12.6and other public safety or environmental risk factors in determining the eligibility of a
12.7person or site for the reduced frequency of inspection described in paragraph (a). If the
12.8commissioner determines that a person or site is ineligible, the commissioner must notify
12.9the person or site of that ineligibility and the reasons for that determination.
12.10(c) The compliance findings of the commissioner's inspection of a person or site that
12.11stores, handles, or distributes ammonia and anhydrous ammonia fertilizer may be used
12.12as a basis for decreased frequency of regulatory inspection, as described in paragraphs
12.13(a) and (b).
12.14 Sec. 12. Minnesota Statutes 2010, section 18E.03, subdivision 4, is amended to read:
12.15 Subd. 4. Fee. (a) The response and reimbursement fee consists of the surcharges and
12.16any adjustments made by the commissioner in this subdivision and shall be collected by
12.17the commissioner. The amount of the response and reimbursement fee shall be determined
12.18and imposed annually by the commissioner as required to satisfy the requirements in
12.19subdivision 3. The commissioner shall adjust the amount of the surcharges imposed in
12.20proportion to the amount of the surcharges listed in this subdivision. License application
12.21categories under paragraph (d) must be charged in proportion to the amount of surcharges
12.22imposed up to a maximum of 50 percent of the license fees set under chapters 18B and
12.2318C.
12.24 (b) The commissioner shall impose a surcharge on pesticides registered under
12.25chapter 18B to be collected as a surcharge on the gross sales under section18B.26,
12.26subdivision 3 , that is equal to 0.1 percent of sales of the pesticide in the state and sales
12.27of pesticides for use in the state during the previous calendar year, except the surcharge
12.28may not be imposed on pesticides that are sanitizers or disinfectants as determined by the
12.29commissioner. No surcharge is required if the surcharge amount based on percent of
12.30annual gross sales of a nonagricultural pesticide is less than $10. Sales of pesticides in
12.31the state for use outside of the state are exempt from the surcharge in this paragraph if
12.32the registrant, agricultural pesticide dealer, or pesticide dealer properly documents the
12.33sale location and the distributors.
13.1 (c) The commissioner shall impose a ten cents per ton surcharge on the inspection
13.2fee under section18C.425, subdivision 6 , for fertilizers, soil amendments, and plant
13.3amendments.
13.4 (d) The commissioner shall impose a surcharge on the license application of persons
13.5licensed under chapters 18B and 18C consisting of:
13.6 (1) a $75 surcharge for each site where pesticides are stored or distributed, to
13.7be imposed as a surcharge on pesticide dealer application fees under section18B.31,
13.8subdivision 5 , and the agricultural pesticide dealer application fee under section
18B.316,
13.9subdivision 10 ;
13.10 (2) a $75 surcharge for each site where a fertilizer, plant amendment, or soil
13.11amendment is distributed, to be imposed on persons licensed under sections18C.415
13.12and
18C.425 ;
13.13 (3) a $50 surcharge to be imposed on a structural pest control applicator license
13.14application under section18B.32, subdivision 6 , for business license applications only;
13.15 (4) a $20 surcharge to be imposed on commercial applicator license application fees
13.16under section18B.33, subdivision 7 ; and
13.17 (5) a $20 surcharge to be imposed on noncommercial applicator license application
13.18fees under section18B.34, subdivision 5 , except a surcharge may not be imposed on a
13.19noncommercial applicator that is a state agency, political subdivision of the state, the
13.20federal government, or an agency of the federal government.
13.21 (e) A $1,000 fee shall be imposed on each site where pesticides are stored and sold
13.22for use outside of the state unless:
13.23 (1) the distributor properly documents that it has less than $2,000,000 per year in
13.24wholesale value of pesticides stored and transferred through the site; or
13.25 (2) the registrant pays the surcharge under paragraph (b) and the registration fee
13.26under section18B.26, subdivision 3 , for all of the pesticides stored at the site and sold for
13.27use outside of the state.
13.28 (f) Paragraphs (c) to (e) apply to sales, licenses issued, applications received for
13.29licenses, and inspection fees imposed on or after July 1, 1990.
13.30 Sec. 13. Minnesota Statutes 2010, section 27.041, is amended by adding a subdivision
13.31to read:
13.32 Subd. 3. Account; appropriation. A wholesale produce dealers account is created
13.33in the agricultural fund. All fees, charges, and penalties collected under sections 27.01 to
13.3427.069 and 27.11 to 27.19, including interest attributable to that money, must be deposited
14.1in the wholesale produce dealers account. Money in the account is appropriated to the
14.2commissioner for the purposes of sections 27.01 to 27.069 and 27.11 to 27.19.
14.3 Sec. 14. Minnesota Statutes 2010, section 28A.08, subdivision 3, is amended to read:
14.4 Subd. 3. Fees effective July 1,2003 2011.
17.13 Sec. 15. CLEAN WATER FUND; EXTENSION OF APPROPRIATION
17.14AVAILABILITY.
17.15The appropriations under Laws 2009, chapter 172, article 2, section 2, paragraph (d),
17.16for research and pilot projects related to ways agricultural practices contribute to restoring
17.17impaired waters and assist with the development of TMDL plans, are available until spent.
17.18 Sec. 16. REPEALER.
17.19Minnesota Statutes 2010, section 41A.09, subdivisions 1a, 2a, 3a, 4, and 10, are
17.20repealed.
17.21 Sec. 17. EFFECTIVE DATE.
17.22Section 16 is effective June 30, 2012.
1.3of Animal Health; changing certain requirements, programs, and provisions;
1.4amending Minnesota Statutes 2010, sections 18C.005, by adding a subdivision;
1.518C.111, by adding a subdivision; 18C.131; 18C.425, by adding a subdivision;
1.618D.201, subdivision 5, by adding a subdivision; 18E.03, subdivision 4; 27.041,
1.7by adding a subdivision; 28A.08, subdivision 3; repealing Minnesota Statutes
1.82010, section 41A.09, subdivisions 1a, 2a, 3a, 4, 10.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.10 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.12in this article.
| 1.18 |
Sec. 2. AGRICULTURE APPROPRIATIONS. |
||||||
1.20agencies and for the purposes specified in this act. The appropriations are from the general
1.21fund, or another named fund, and are available for the fiscal years indicated for each
1.22purpose. The figures "2012" and "2013" used in this act mean that the appropriations
1.23listed under them are available for the fiscal year ending June 30, 2012, or June 30, 2013,
1.24respectively. "The first year" is fiscal year 2012. "The second year" is fiscal year 2013.
1.25"The biennium" is fiscal years 2012 and 2013.
| 2.1 |
APPROPRIATIONS |
||||||
| 2.2 |
Available for the Year |
||||||
| 2.3 |
Ending June 30 |
||||||
| 2.4 |
2012 |
2013 |
|||||
| 2.5 |
Sec. 3. DEPARTMENT OF AGRICULTURE |
||||||
| 2.6 |
Subdivision 1.Total Appropriation |
$ |
37,412,000 |
$ |
27,878,000 |
||
| 2.7 |
Appropriations by Fund |
||
| 2.8 |
2012 |
2013 |
|
| 2.9 |
General |
36,224,000 |
26,690,000 |
| 2.10 |
Remediation |
388,000 |
388,000 |
| 2.11 |
Agricultural |
800,000 |
800,000 |
2.13purpose are specified in the following
2.14subdivisions.
| 2.15 |
Subd. 2.Protection Services |
12,193,000 |
12,193,000 |
||||
| 2.16 |
Appropriations by Fund |
||
| 2.17 |
General |
11,805,000 |
11,805,000 |
| 2.18 |
Remediation |
388,000 |
388,000 |
2.20second year are from the remediation fund
2.21for administrative funding for the voluntary
2.22cleanup program.
2.23$75,000 the first year and $75,000 the second
2.24year are for compensation for destroyed or
2.25crippled animals under Minnesota Statutes,
2.26section 3.737. If the amount in the first year
2.27is insufficient, the amount in the second year
2.28is available in the first year.
2.29$75,000 the first year and $75,000 the second
2.30year are for compensation for crop damage
2.31under Minnesota Statutes, section 3.7371. If
2.32the amount in the first year is insufficient, the
2.33amount in the second year is available in the
2.34first year.
3.1If the commissioner determines that claims
3.2made under Minnesota Statutes, section
3.33.737 or 3.7371, are unusually high, amounts
3.4appropriated for either program may be
3.5transferred to the appropriation for the other
3.6program.
| 3.7 3.8 |
Subd. 3.Agricultural Marketing and Development |
2,962,000 |
2,962,000 |
||||
3.10second year are for transfer to the Minnesota
3.11grown account and may be used as grants
3.12for Minnesota grown promotion under
3.13Minnesota Statutes, section 17.102. Grants
3.14may be made for one year. Notwithstanding
3.15Minnesota Statutes, section 16A.28, the
3.16appropriations encumbered under contract on
3.17or before June 30, 2013, for Minnesota grown
3.18grants in this paragraph are available until
3.19June 30, 2015. $50,000 of the appropriation
3.20in each year is for efforts that identify
3.21and promote Minnesota grown products in
3.22retail food establishments including but not
3.23limited to restaurants, grocery stores, and
3.24convenience stores.
3.25Up to $100,000 each year may be used
3.26for grants to farmers for demonstration
3.27projects involving sustainable agriculture as
3.28authorized in Minnesota Statutes, section
3.2917.116. Of the amount for grants, up to
3.30$20,000 may be used for dissemination
3.31of information about the demonstration
3.32projects. Notwithstanding Minnesota
3.33Statutes, section 16A.28, the appropriations
3.34encumbered under contract on or before June
3.3530, 2013, for sustainable agriculture grants
4.1in this paragraph are available until June 30,
4.22015.
4.3$100,000 the first year and $100,000 the
4.4second year are to provide training and
4.5technical assistance to county and town
4.6officials relating to livestock siting issues
4.7and local zoning and land use planning,
4.8including maintenance of the checklist
4.9template clarifying the federal, state,
4.10and local government requirements for
4.11consideration of an animal agriculture
4.12modernization or expansion project. For the
4.13training and technical assistance program,
4.14the commissioner shall continue to seek
4.15guidance, advice, and support of livestock
4.16producer organizations, general agricultural
4.17organizations, local government associations,
4.18academic institutions, other government
4.19agencies, and others with expertise in land
4.20use and agriculture.
4.21$10,000 the first year and $10,000 the
4.22second year are for annual cost-share
4.23payments to resident farmers or persons
4.24who sell, process, or package agricultural
4.25products in this state for the costs of organic
4.26certification. Annual cost-share payments
4.27per farmer must be two-thirds of the cost
4.28of the certification or $350, whichever is
4.29less. In any year that a resident farmer or
4.30person who sells, processes, or packages
4.31agricultural products in this state receives
4.32a federal organic certification cost-share
4.33payment, that resident farmer or person is
4.34not eligible for state cost-share payments. A
4.35certified farmer is eligible to receive annual
4.36certification cost-share payments for up to
5.1five years. The commissioner may allocate
5.2any excess appropriation in either fiscal year
5.3for organic market and program development
5.4including organic producer education efforts,
5.5assistance for persons transitioning from
5.6conventional to organic agriculture, or
5.7sustainable agriculture demonstration grants
5.8authorized under Minnesota Statutes, section
5.917.116, and pertaining to organic research or
5.10demonstration. Any unencumbered balance
5.11does not cancel at the end of the first year
5.12and is available for the second year.
| 5.13 5.14 |
Subd. 4.Bioenergy and Value-Added Agriculture |
15,014,000 |
5,480,000 |
||||
5.16ethanol producer deficiency payments under
5.17Minnesota Statutes, section 41A.09. If the
5.18appropriation exceeds the total amount
5.19for which all producers are eligible, the
5.20balance in the appropriation is available to
5.21the commissioner for the agricultural growth,
5.22research, and innovation program under
5.23Minnesota Statutes, section 41A.12.
5.24$5,480,000 the second year is for the
5.25agricultural growth, research, and innovation
5.26program under Minnesota Statutes, section
5.2741A.12. This appropriation remains available
5.28until spent.
| 5.29 5.30 |
Subd. 5.Administration and Financial Assistance |
7,243,000 |
7,243,000 |
||||
| 5.31 |
Appropriations by Fund |
||
| 5.32 |
2012 |
2013 |
|
| 5.33 |
General |
6,443,000 |
6,443,000 |
| 5.34 |
Agricultural |
800,000 |
800,000 |
5.36second year are for continuation of the dairy
6.1development and profitability enhancement
6.2and dairy business planning grant programs
6.3established under Laws 1997, chapter
6.4216, section 7, subdivision 2, and Laws
6.52001, First Special Session chapter 2,
6.6section 9, subdivision 2. The commissioner
6.7may allocate the available sums among
6.8permissible activities, including efforts to
6.9improve the quality of milk produced in the
6.10state in the proportions that the commissioner
6.11deems most beneficial to Minnesota's
6.12dairy farmers. The commissioner must
6.13submit a work plan detailing plans for
6.14expenditures under this program to the chairs
6.15of the legislative committees dealing with
6.16agricultural policy and budget on or before
6.17the start of each fiscal year. If significant
6.18changes are made to the plans in the course
6.19of the year, the commissioner must notify the
6.20chairs.
6.21$47,000 the first year and $47,000 the
6.22second year are for the Northern Crops
6.23Institute. These appropriations may be spent
6.24to purchase equipment.
6.25$18,000 the first year and $18,000 the
6.26second year are for a grant to the Minnesota
6.27Livestock Breeders Association.
6.28$235,000 the first year and $235,000 the
6.29second year are for grants to the Minnesota
6.30Agricultural Education and Leadership
6.31Council for programs of the council under
6.32Minnesota Statutes, chapter 41D.
6.33$474,000 the first year and $474,000 the
6.34second year are for payments to county and
6.35district agricultural societies and associations
7.1under Minnesota Statutes, section 38.02,
7.2subdivision 1. Aid payments to county and
7.3district agricultural societies and associations
7.4shall be disbursed no later than July 15 of
7.5each year. These payments are the amount of
7.6aid from the state for an annual fair held in
7.7the previous calendar year.
7.8$1,000 the first year and $1,000 the second
7.9year are for grants to the Minnesota State
7.10Poultry Association.
7.11$61,000 the first year and $61,000 the second
7.12year are for annual grants to the Minnesota
7.13Turf Seed Council for basic and applied
7.14research on the improved production of
7.15forage and turf seed related to new and
7.16improved varieties. The grant recipient may
7.17subcontract with a qualified third party for
7.18some or all of the basic and applied research.
7.19$47,000 the first year and $47,000 the
7.20second year are for annual grants to the
7.21Minnesota Turf Seed Council for basic
7.22and applied agronomic research on native
7.23plants, including plant breeding, nutrient
7.24management, pest management, disease
7.25management, yield, and viability. The grant
7.26recipient may subcontract with a qualified
7.27third party for some or all of the basic
7.28or applied research. The grant recipient
7.29must actively participate in the Agricultural
7.30Utilization Research Institute's Renewable
7.31Energy Roundtable and no later than
7.32February 1, 2013, must report to the house of
7.33representatives and senate committees with
7.34jurisdiction over agriculture finance.
8.1$500,000 the first year and $500,000 the
8.2second year are for grants to Second Harvest
8.3Heartland on behalf of Minnesota's six
8.4Second Harvest food banks for the purchase
8.5of milk for distribution to Minnesota's food
8.6shelves and other charitable organizations
8.7that are eligible to receive food from the food
8.8banks. Milk purchased under the grants must
8.9be acquired from Minnesota milk processors
8.10and based on low-cost bids. The milk must be
8.11allocated to each Second Harvest food bank
8.12serving Minnesota according to the formula
8.13used in the distribution of United States
8.14Department of Agriculture commodities
8.15under The Emergency Food Assistance
8.16Program (TEFAP). Second Harvest
8.17Heartland must submit quarterly reports
8.18to the commissioner on forms prescribed
8.19by the commissioner. The reports must
8.20include, but are not limited to, information
8.21on the expenditure of funds, the amount
8.22of milk purchased, and the organizations
8.23to which the milk was distributed. Second
8.24Harvest Heartland may enter into contracts
8.25or agreements with food banks for shared
8.26funding or reimbursement of the direct
8.27purchase of milk. Each food bank receiving
8.28money from this appropriation may use up to
8.29two percent of the grant for administrative
8.30expenses.
8.31$94,000 the first year and $94,000 the
8.32second year are for transfer to the Board of
8.33Trustees of the Minnesota State Colleges and
8.34Universities for mental health counseling
8.35support to farm families and business
8.36operators through farm business management
9.1programs at Central Lakes College and
9.2Ridgewater College.
9.3$17,000 the first year and $17,000 the
9.4second year are for grants to the Minnesota
9.5Horticultural Society.
9.6Notwithstanding Minnesota Statutes,
9.7section 18C.131, $800,000 the first year
9.8and $800,000 the second year are from the
9.9fertilizer account in the agricultural fund
9.10for grants for fertilizer research as awarded
9.11by the Minnesota Agricultural Fertilizer
9.12Research and Education Council under
9.13Minnesota Statutes, section 18C.71. The
9.14amount appropriated in either fiscal year
9.15must not exceed 57 percent of the inspection
9.16fee revenue collected under Minnesota
9.17Statutes, section 18C.425, subdivision 6,
9.18during the previous fiscal year. No later
9.19than February 1, 2013, the commissioner
9.20shall report to the legislative committees
9.21with jurisdiction over agriculture finance.
9.22The report must include the progress and
9.23outcome of funded projects as well as the
9.24sentiment of the council concerning the need
9.25for additional research funds.
| 9.26 |
Sec. 4. BOARD OF ANIMAL HEALTH |
$ |
4,841,000 |
$ |
4,841,000 |
||
9.28the second year are for bovine tuberculosis
9.29eradication efforts in cattle herds.
9.30$100,000 the first year and $100,000 the
9.31second year are for a program to control
9.32paratuberculosis (Johne's disease) in
9.33domestic bovine herds.
10.1$389,000 the first year and $389,000 the
10.2second year are for the purposes of cervidae
10.3inspection as authorized in Minnesota
10.4Statutes, section 35.155.
| 10.5 10.6 |
Sec. 5. AGRICULTURAL UTILIZATION RESEARCH INSTITUTE |
$ |
2,783,000 |
$ |
2,783,000 |
||
10.8technical assistance and technology transfer
10.9to bioenergy crop producers and users.
10.10 Sec. 6. Minnesota Statutes 2010, section 18C.005, is amended by adding a subdivision
10.11to read:
10.12 Subd. 1b. Ammonia and anhydrous ammonia. "Ammonia" and "anhydrous
10.13ammonia" are used interchangeably and mean a compound formed by the chemical
10.14combinations of the elements nitrogen and hydrogen in the molar proportion of one
10.15part nitrogen to three parts hydrogen. This relationship is shown by the chemical
10.16formula, NH3. On a weight basis, the ratio is 14 parts nitrogen to three parts hydrogen
10.17or approximately 82 percent nitrogen to 18 percent hydrogen. Ammonia may exist in
10.18either a gaseous or a liquid state. Ammonia or anhydrous ammonia does not include
10.19aqua ammonia or ammonium hydroxide, which are solutions of ammonia in water and
10.20are sometimes called "ammonia."
10.21 Sec. 7. Minnesota Statutes 2010, section 18C.111, is amended by adding a subdivision
10.22to read:
10.23 Subd. 4. Certification of regulatory compliance. (a) The commissioner may,
10.24under rules adopted under section 18C.121, subdivision 1, certify a person to offer or
10.25perform a regulatory compliance inspection of any person or site that stores, handles, or
10.26distributes ammonia or anhydrous ammonia fertilizer.
10.27(b) Pursuant to that rule, a person certified under paragraph (a) may issue a
10.28certification of compliance to an inspected person or site if the certified person documents
10.29in writing full compliance with the provisions of chapter 18C and rules adopted under
10.30that chapter.
10.31(c) A person or site issued a certification of compliance must provide a copy of the
10.32certification to the commissioner immediately upon request or within 90 days following
10.33certification.
11.1(d) Certifications of compliance are valid for a period of three years. The
11.2commissioner may determine a different time period in the interest of public safety or for
11.3other reasonable cause.
11.4 Sec. 8. Minnesota Statutes 2010, section 18C.131, is amended to read:
11.518C.131 FERTILIZER INSPECTION ACCOUNT.
11.6A fertilizer inspection account is established in the state treasury. The fees and
11.7surcharges collected under this chapter and interest attributable to money in the account
11.8must be deposited in the state treasury and credited to the fertilizer inspection account in
11.9the agricultural fund. Money in the account, including interest earned, is appropriated to
11.10the commissioner for the administration and enforcement of this chapter.
11.11 Sec. 9. Minnesota Statutes 2010, section 18C.425, is amended by adding a subdivision
11.12to read:
11.13 Subd. 7. Payment of anhydrous ammonia public safety surcharge. The person
11.14responsible for payment of the inspection fees under subdivision 6 must also pay an
11.15anhydrous ammonia public safety surcharge of 75 cents per ton, with a minimum of $10 on
11.16all tonnage reports. Ammonia or anhydrous ammonia sold or distributed to manufacturers
11.17or exchanges between them are exempt from the surcharge imposed by this subdivision if
11.18the ammonia or anhydrous ammonia is used exclusively for manufacturing purposes.
11.19 Sec. 10. Minnesota Statutes 2010, section 18D.201, subdivision 5, is amended to read:
11.20 Subd. 5. Violator liable for inspection costs. (a) The cost of reinspection and
11.21reinvestigation may be assessed by the commissioner if the person subject to the corrective
11.22action order or remedial action order does not comply with the order in a reasonable time
11.23as provided in the order.
11.24(b) A $400 reinspection fee may be assessed by the commissioner for a person or
11.25site that stores, handles, or distributes ammonia or anhydrous ammonia fertilizer if the
11.26commissioner determines that the person or site had serious violations of chapter 18C or
11.27rules adopted thereunder upon initial inspection.
11.28
11.29investigation costs.
11.30 Sec. 11. Minnesota Statutes 2010, section 18D.201, is amended by adding a
11.31subdivision to read:
12.1 Subd. 7. Compliance and inspection frequency. (a) The commissioner may
12.2implement policies and procedures that provide for a decrease in the frequency of
12.3regulatory inspection for a person or site issued a certification of compliance pursuant to
12.4section 18C.111, subdivision 4.
12.5(b) The commissioner must consider the compliance history, enforcement record,
12.6and other public safety or environmental risk factors in determining the eligibility of a
12.7person or site for the reduced frequency of inspection described in paragraph (a). If the
12.8commissioner determines that a person or site is ineligible, the commissioner must notify
12.9the person or site of that ineligibility and the reasons for that determination.
12.10(c) The compliance findings of the commissioner's inspection of a person or site that
12.11stores, handles, or distributes ammonia and anhydrous ammonia fertilizer may be used
12.12as a basis for decreased frequency of regulatory inspection, as described in paragraphs
12.13(a) and (b).
12.14 Sec. 12. Minnesota Statutes 2010, section 18E.03, subdivision 4, is amended to read:
12.15 Subd. 4. Fee. (a) The response and reimbursement fee consists of the surcharges and
12.16any adjustments made by the commissioner in this subdivision and shall be collected by
12.17the commissioner. The amount of the response and reimbursement fee shall be determined
12.18and imposed annually by the commissioner as required to satisfy the requirements in
12.19subdivision 3. The commissioner shall adjust the amount of the surcharges imposed in
12.20proportion to the amount of the surcharges listed in this subdivision. License application
12.21categories under paragraph (d) must be charged in proportion to the amount of surcharges
12.22imposed up to a maximum of 50 percent of the license fees set under chapters 18B and
12.2318C.
12.24 (b) The commissioner shall impose a surcharge on pesticides registered under
12.25chapter 18B to be collected as a surcharge on the gross sales under section
12.26subdivision 3
12.27of pesticides for use in the state during the previous calendar year, except the surcharge
12.28may not be imposed on pesticides that are sanitizers or disinfectants as determined by the
12.29commissioner. No surcharge is required if the surcharge amount based on percent of
12.30annual gross sales of a nonagricultural pesticide is less than $10. Sales of pesticides in
12.31the state for use outside of the state are exempt from the surcharge in this paragraph if
12.32the registrant, agricultural pesticide dealer, or pesticide dealer properly documents the
12.33sale location and the distributors.
13.1 (c) The commissioner shall impose a ten cents per ton surcharge on the inspection
13.2fee under section
13.3amendments.
13.4 (d) The commissioner shall impose a surcharge on the license application of persons
13.5licensed under chapters 18B and 18C consisting of:
13.6 (1) a $75 surcharge for each site where pesticides are stored or distributed, to
13.7be imposed as a surcharge on pesticide dealer application fees under section
13.8subdivision 5
13.9subdivision 10
13.10 (2) a $75 surcharge for each site where a fertilizer, plant amendment, or soil
13.11amendment is distributed, to be imposed on persons licensed under sections
13.13 (3) a $50 surcharge to be imposed on a structural pest control applicator license
13.14application under section
13.15 (4) a $20 surcharge to be imposed on commercial applicator license application fees
13.16under section
13.17 (5) a $20 surcharge to be imposed on noncommercial applicator license application
13.18fees under section
13.19noncommercial applicator that is a state agency, political subdivision of the state, the
13.20federal government, or an agency of the federal government.
13.21 (e) A $1,000 fee shall be imposed on each site where pesticides are stored and sold
13.22for use outside of the state unless:
13.23 (1) the distributor properly documents that it has less than $2,000,000 per year in
13.24wholesale value of pesticides stored and transferred through the site; or
13.25 (2) the registrant pays the surcharge under paragraph (b) and the registration fee
13.26under section
13.27use outside of the state.
13.28 (f) Paragraphs (c) to (e) apply to sales, licenses issued, applications received for
13.29licenses, and inspection fees imposed on or after July 1, 1990.
13.30 Sec. 13. Minnesota Statutes 2010, section 27.041, is amended by adding a subdivision
13.31to read:
13.32 Subd. 3. Account; appropriation. A wholesale produce dealers account is created
13.33in the agricultural fund. All fees, charges, and penalties collected under sections 27.01 to
13.3427.069 and 27.11 to 27.19, including interest attributable to that money, must be deposited
14.1in the wholesale produce dealers account. Money in the account is appropriated to the
14.2commissioner for the purposes of sections 27.01 to 27.069 and 27.11 to 27.19.
14.3 Sec. 14. Minnesota Statutes 2010, section 28A.08, subdivision 3, is amended to read:
14.4 Subd. 3. Fees effective July 1,
17.13 Sec. 15. CLEAN WATER FUND; EXTENSION OF APPROPRIATION
17.14AVAILABILITY.
17.15The appropriations under Laws 2009, chapter 172, article 2, section 2, paragraph (d),
17.16for research and pilot projects related to ways agricultural practices contribute to restoring
17.17impaired waters and assist with the development of TMDL plans, are available until spent.
17.18 Sec. 16. REPEALER.
17.19Minnesota Statutes 2010, section 41A.09, subdivisions 1a, 2a, 3a, 4, and 10, are
17.20repealed.
17.21 Sec. 17. EFFECTIVE DATE.
17.22Section 16 is effective June 30, 2012.
