Bill Text: MN SF1160 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Omnibus agriculture policy bill
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2013-04-20 - Senate file first reading, referred to Environment, Natural Resources and Agriculture Finance [SF1160 Detail]
Download: Minnesota-2013-SF1160-Engrossed.html
1.2relating to agriculture; making policy, technical, conforming, and clarifying
1.3changes to provisions related to agricultural law; modifying provisions related
1.4to pesticide control, agricultural resource loan and ethanol development, the
1.5Rural Finance Authority, grain buyers, and other agriculture-related provisions;
1.6providing a sunset date for the cellulosic ethanol production goal; extending
1.7the sunset for the Minnesota Agricultural Education Leadership Council and
1.8farmer-lender mediation; directing the NextGen Energy Board to examine
1.9biobased chemical production; converting the ethanol minimum content
1.10requirement to a biofuel requirement; expanding the petroleum replacement
1.11goal; repealing E20 mandate language; modifying noxious weed law; modifying
1.12definition of E85; requiring reports;amending Minnesota Statutes 2012, sections
1.1317.118, subdivision 2; 18.77, subdivisions 3, 4, 10, 12; 18.78, subdivision 3;
1.1418.79, subdivisions 6, 13; 18.82, subdivision 1; 18.91, subdivisions 1, 2; 18B.01,
1.15by adding a subdivision; 18B.07, subdivisions 4, 5, 7; 18B.26, subdivision 3;
1.1618B.305; 18B.316, subdivisions 1, 3, 4, 8, 9; 18B.37, subdivision 4; 31.94;
1.1741A.10, subdivision 2, by adding a subdivision; 41A.105, subdivisions 1a,
1.183, 5; 41A.12, subdivision 3, by adding a subdivision; 41B.04, subdivision 9;
1.1941D.01, subdivision 4; 116J.437, subdivision 1; 116V.01, subdivision 2; 223.17,
1.20by adding a subdivision; 232.22, by adding a subdivision; 239.051, by adding
1.21subdivisions; 239.761, subdivision 3; 239.791, subdivisions 1, 2a, 2b; 239.7911;
1.22296A.01, subdivision 19, by adding a subdivision; 583.215; proposing coding for
1.23new law in Minnesota Statutes, chapter 18; repealing Minnesota Statutes 2012,
1.24sections 18.91, subdivisions 3, 5; 18B.07, subdivision 6; 239.791, subdivision 1a.
1.25BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.28 Section 1. Minnesota Statutes 2012, section 17.118, subdivision 2, is amended to read:
1.29 Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this
1.30subdivision have the meanings given them.
2.1 (b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed
2.2cervidae, ratitae, bison, sheep, horses, and llamas.
2.3 (c) "Qualifying expenditures" means the amount spent for:
2.4 (1) the acquisition, construction, or improvement of buildings or facilities for the
2.5production of livestock or livestock products;
2.6 (2) the development of pasture for use by livestock including, but not limited to, the
2.7acquisition, development, or improvement of:
2.8 (i) lanes used by livestock that connect pastures to a central location;
2.9 (ii) watering systems for livestock on pasture including water lines, booster pumps,
2.10and well installations;
2.11 (iii) livestock stream crossing stabilization; and
2.12 (iv) fences; or
2.13 (3) the acquisition of equipment for livestock housing, confinement, feeding, and
2.14waste management including, but not limited to, the following:
2.15 (i) freestall barns;
2.16 (ii) watering facilities;
2.17 (iii) feed storage and handling equipment;
2.18 (iv) milking parlors;
2.19 (v) robotic equipment;
2.20 (vi) scales;
2.21 (vii) milk storage and cooling facilities;
2.22 (viii) bulk tanks;
2.23 (ix) computer hardware and software and associated equipment used to monitor
2.24the productivity and feeding of livestock;
2.25 (x) manure pumping and storage facilities;
2.26 (xi) swine farrowing facilities;
2.27 (xii) swine and cattle finishing barns;
2.28 (xiii) calving facilities;
2.29 (xiv) digesters;
2.30 (xv) equipment used to produce energy;
2.31 (xvi) on-farm processing facilities equipment;
2.32 (xvii) fences; and
2.33 (xviii) livestock pens and corrals and sorting, restraining, and loading chutes.
2.34 Except for qualifying pasture development expenditures under clause (2), qualifying
2.35expenditures only include amounts that are allowed to be capitalized and deducted under
3.1either section 167 or 179 of the Internal Revenue Code in computing federal taxable
3.2income. Qualifying expenditures do not include an amount paid to refinance existing debt.
3.3(d) "Qualifying period" means, for a grant awarded during a fiscal year, that full
3.4calendar year of which the first six months precede the first day of the current fiscal year. For
3.5example, an eligible person who makes qualifying expenditures during calendar year 2008
3.6is eligible to receive a livestock investment grant between July 1, 2008, and June 30, 2009.
3.7 Sec. 2. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
3.8to read:
3.9 Subd. 4a. Bulk pesticide storage facility. "Bulk pesticide storage facility" means a
3.10facility that is required to have a permit under section 18B.14.
3.11 Sec. 3. Minnesota Statutes 2012, section 18B.07, subdivision 4, is amended to read:
3.12 Subd. 4. Pesticide storage safeguardsat application sites. A person may not
3.13allow a pesticide, rinsate, or unrinsed pesticide container to be stored, kept, or to remain in
3.14or on any site without safeguards adequate to prevent an incident. Pesticides may not be
3.15stored in the immediate area of an open drain, unless a safeguard is provided.
3.16 Sec. 4. Minnesota Statutes 2012, section 18B.07, subdivision 5, is amended to read:
3.17 Subd. 5. Use ofpublic water supplies for filling application equipment. (a) A
3.18person may not fill pesticide application equipment directly from a public water supply,
3.19as defined in section144.382 , or from public waters, as defined in section 103G.005,
3.20subdivision 15, unless the outlet from thepublic water supply is equipped with a backflow
3.21prevention device that complies with and is installed in accordance with the Minnesota
3.22Plumbing Code under Minnesota Rules. A nurse tank not connected to the water supply,
3.23an atmospheric vacuum breaker, an air gap that is 2.0 times the effective diameter of the
3.24outlet, a pressurized vacuum breaker, or a reduced pressure principle backflow prevention
3.25device must also comply with the requirements under the Minnesota Plumbing Code
3.26under Minnesota Rules, parts 4715.2000 to 4715.2280.
3.27(b) Cross connections between a water supply use for filling pesticide application
3.28equipment are prohibited.
3.29(c) This subdivision does not apply to permitted applications of aquatic pesticides to
3.30public waters.
3.31 Sec. 5. Minnesota Statutes 2012, section 18B.07, subdivision 7, is amended to read:
4.1 Subd. 7.Cleaning equipment in or near surface water Pesticide handling
4.2restrictions. (a) A person may not:
4.3(1) clean pesticide application equipment in surface waters of the state; or
4.4(2) fill or clean pesticide application equipment adjacent to surface waters,
4.5ditches, or wells where, because of the slope or other conditions, pesticides or materials
4.6contaminated with pesticides could enter or contaminate the surface waters, groundwater,
4.7or wells, as a result of overflow, leakage, or other causes.
4.8(b) This subdivision does not apply to permitted application of aquatic pesticides to
4.9public waters.
4.10 Sec. 6. Minnesota Statutes 2012, section 18B.26, subdivision 3, is amended to read:
4.11 Subd. 3. Registration application and gross sales fee. (a) For an agricultural
4.12pesticide, a registrant shall pay an annual registration application fee for each agricultural
4.13pesticide of $350. The fee is due by December 31 preceding the year for which the
4.14application for registration is made. The fee is nonrefundable.
4.15(b) For a nonagricultural pesticide, a registrant shall pay a minimum annual
4.16registration application fee for each nonagricultural pesticide of $350. The fee is due by
4.17December 31 preceding the year for which the application for registration is made. The
4.18fee is nonrefundable. The registrant of a nonagricultural pesticide shall pay, in addition to
4.19the $350 minimum fee, a fee of 0.5 percent of annual gross sales of the nonagricultural
4.20pesticide in the state and the annual gross sales of the nonagricultural pesticide sold into
4.21the state for use in this state.The commissioner may not assess a fee under this paragraph
4.22if the amount due based on percent of annual gross sales is less than $10 No fee is required
4.23if the fee due amount based on percent of annual gross sales of a nonagricultural pesticide
4.24is less than $10. The registrant shall secure sufficient sales information of nonagricultural
4.25pesticides distributed into this state from distributors and dealers, regardless of distributor
4.26location, to make a determination. Sales of nonagricultural pesticides in this state and
4.27sales of nonagricultural pesticides for use in this state by out-of-state distributors are not
4.28exempt and must be included in the registrant's annual report, as required under paragraph
4.29(g), and fees shall be paid by the registrant based upon those reported sales. Sales of
4.30nonagricultural pesticides in the state for use outside of the state are exempt from the
4.31gross sales fee in this paragraph if the registrant properly documents the sale location and
4.32distributors. A registrant paying more than the minimum fee shall pay the balance due by
4.33March 1 based on the gross sales of the nonagricultural pesticide by the registrant for the
4.34preceding calendar year. A pesticide determined by the commissioner to be a sanitizer or
4.35disinfectant is exempt from the gross sales fee.
5.1(c) For agricultural pesticides, a licensed agricultural pesticide dealer or licensed
5.2pesticide dealer shall pay a gross sales fee of 0.55 percent of annual gross sales of the
5.3agricultural pesticide in the state and the annual gross sales of the agricultural pesticide
5.4sold into the state for use in this state.
5.5(d) In those cases where a registrant first sells an agricultural pesticide in or into the
5.6state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer
5.7license and is responsible for payment of the annual gross sales fee under paragraph (c),
5.8record keeping under paragraph (i), and all other requirements of section18B.316 .
5.9(e) If the total annual revenue from fees collected in fiscal year 2011, 2012, or 2013,
5.10by the commissioner on the registration and sale of pesticides is less than $6,600,000, the
5.11commissioner, after a public hearing, may increase proportionally the pesticide sales and
5.12product registration fees under this chapter by the amount necessary to ensure this level
5.13of revenue is achieved. The authority under this section expires on June 30, 2014. The
5.14commissioner shall report any fee increases under this paragraph 60 days before the fee
5.15change is effective to the senate and house of representatives agriculture budget divisions.
5.16 (f) An additional fee of 50 percent of the registration application fee must be paid by
5.17the applicant for each pesticide to be registered if the application is a renewal application
5.18that is submitted after December 31.
5.19 (g) A registrant must annually report to the commissioner the amount, type and
5.20annual gross sales of each registered nonagricultural pesticide sold, offered for sale, or
5.21otherwise distributed in the state. The report shall be filed by March 1 for the previous
5.22year's registration. The commissioner shall specify the form of the report or approve
5.23the method for submittal of the report and may require additional information deemed
5.24necessary to determine the amount and type of nonagricultural pesticide annually
5.25distributed in the state. The information required shall include the brand name, United
5.26States Environmental Protection Agency registration number, and amount of each
5.27nonagricultural pesticide sold, offered for sale, or otherwise distributed in the state, but
5.28the information collected, if made public, shall be reported in a manner which does not
5.29identify a specific brand name in the report.
5.30(h) A licensed agricultural pesticide dealer or licensed pesticide dealer must annually
5.31report to the commissioner the amount, type, and annual gross sales of each registered
5.32agricultural pesticide sold, offered for sale, or otherwise distributed in the state or into the
5.33state for use in the state. The report must be filed by January 31 for the previous year's
5.34sales. The commissioner shall specify the form, contents, and approved electronic method
5.35for submittal of the report and may require additional information deemed necessary to
5.36determine the amount and type of agricultural pesticide annually distributed within the
6.1state or into the state. The information required must include the brand name, United States
6.2Environmental Protection Agency registration number, and amount of each agricultural
6.3pesticide sold, offered for sale, or otherwise distributed in the state or into the state.
6.4(i) A person who registers a pesticide with the commissioner under paragraph (b),
6.5or a registrant under paragraph (d), shall keep accurate records for five years detailing
6.6all distribution or sales transactions into the state or in the state and subject to a fee and
6.7surcharge under this section.
6.8(j) The records are subject to inspection, copying, and audit by the commissioner
6.9and must clearly demonstrate proof of payment of all applicable fees and surcharges
6.10for each registered pesticide product sold for use in this state. A person who is located
6.11outside of this state must maintain and make available records required by this subdivision
6.12in this state or pay all costs incurred by the commissioner in the inspecting, copying, or
6.13auditing of the records.
6.14(k) The commissioner may adopt by rule regulations that require persons subject
6.15to audit under this section to provide information determined by the commissioner to be
6.16necessary to enable the commissioner to perform the audit.
6.17 (l) A registrant who is required to pay more than the minimum fee for any pesticide
6.18under paragraph (b) must pay a late fee penalty of $100 for each pesticide application fee
6.19paid after March 1 in the year for which the license is to be issued.
6.20 Sec. 7. Minnesota Statutes 2012, section 18B.305, is amended to read:
6.2118B.305 PESTICIDE EDUCATION AND TRAINING.
6.22 Subdivision 1. Education and training. (a) The commissioner, as the lead agency,
6.23 shall develop, implement or approve, and evaluate, inconjunction consultation with the
6.24University of Minnesota Extension Service, the Minnesota State Colleges and Universities
6.25system, and other educational institutions, innovative educational and training programs
6.26addressing pesticide concerns including:
6.27(1) water quality protection;
6.28(2) endangered species protection;
6.29(3) minimizing pesticide residues in food and water;
6.30(4) worker protection and applicator safety;
6.31(5) chronic toxicity;
6.32(6) integrated pest management and pest resistance;and
6.33(7) pesticide disposal;
6.34(8) pesticide drift;
7.1(9) relevant laws including pesticide labels and labeling and state and federal rules
7.2and regulations; and
7.3(10) current science and technology updates.
7.4(b) The commissioner shall appoint educational planning committees which must
7.5include representatives of industry and applicators.
7.6(c) Specific current regulatory concerns must be discussed and, if appropriate,
7.7incorporated into each training session. Relevant changes to pesticide product labels or
7.8labeling or state and federal rules and regulations may be included.
7.9(d) The commissioner may approve programs from private industry, higher
7.10education institutions, and nonprofit organizations that meet minimum requirements for
7.11education, training, and certification.
7.12 Subd. 2. Training manual and examination development. The commissioner, in
7.13conjunction consultation with the University of Minnesota Extension Service and other
7.14higher education institutions, shall continually revise and update pesticide applicator
7.15training manuals and examinations. The manuals and examinations must be written to meet
7.16or exceed the minimum standards required by the United States Environmental Protection
7.17Agency and pertinent state specific information. Questions in the examinations must be
7.18determined by the commissioner in consultation with other responsible agencies. Manuals
7.19and examinations must include pesticide management practices that discuss prevention of
7.20pesticide occurrence ingroundwaters groundwater and surface water of the state.
7.21 Sec. 8. Minnesota Statutes 2012, section 18B.316, subdivision 1, is amended to read:
7.22 Subdivision 1. Requirement. (a) A person must notdistribute offer for sale or sell
7.23an agricultural pesticide in the state or into the state without first obtaining an agricultural
7.24pesticide dealer license.
7.25(b) Each location or place of business from which an agricultural pesticide is
7.26distributed offered for sale or sold in the state or into the state is required to have a
7.27separate agricultural pesticide dealer license.
7.28(c) A person who is a licensed pesticide dealer under section18B.31 is not required
7.29to also be licensed under this subdivision.
7.30 Sec. 9. Minnesota Statutes 2012, section 18B.316, subdivision 3, is amended to read:
7.31 Subd. 3. Resident agent. A person required to be licensed under subdivisions 1
7.32and 2, or a person licensed as a pesticide dealer pursuant to section18B.31 and who
7.33operates from a location or place of business outside the state and whodistributes offers
8.1for sale or sells an agricultural pesticide into the state, must continuously maintain in
8.2this state the following:
8.3(1) a registered office; and
8.4(2) a registered agent, who may be either a resident of this state whose business
8.5office or residence is identical with the registered office under clause (1), a domestic
8.6corporation or limited liability company, or a foreign corporation of limited liability
8.7company authorized to transact business in this state and having a business office identical
8.8with the registered office.
8.9A person licensed under this section or section18B.31 shall annually file with the
8.10commissioner, either at the time of initial licensing or as part of license renewal, the name,
8.11address, telephone number, and e-mail address of the licensee's registered agent.
8.12For licensees under section18B.31 who are located in the state, the licensee is
8.13the registered agent.
8.14 Sec. 10. Minnesota Statutes 2012, section 18B.316, subdivision 4, is amended to read:
8.15 Subd. 4. Responsibility. The resident agent is responsible for the acts of a licensed
8.16agricultural pesticide dealer, or of a licensed pesticide dealer under section18B.31 who
8.17operates from a location or place of business outside the state and whodistributes offers
8.18for sale or sells an agricultural pesticide into the state, as well as the acts of the employees
8.19of those licensees.
8.20 Sec. 11. Minnesota Statutes 2012, section 18B.316, subdivision 8, is amended to read:
8.21 Subd. 8. Report of sales and payment to commissioner. A person who is an
8.22agricultural pesticide dealer, or is a licensed pesticide dealer under section18B.31 , who
8.23distributes offers for sale or sells an agricultural pesticide in or into the state, and a
8.24pesticide registrant pursuant to section18B.26, subdivision 3 , paragraph (d), shall no
8.25later than January 31 of each year report and pay applicable fees on annual gross sales
8.26of agricultural pesticides to the commissioner pursuant to requirements under section
8.2718B.26, subdivision 3
, paragraphs (c) and (h).
8.28 Sec. 12. Minnesota Statutes 2012, section 18B.316, subdivision 9, is amended to read:
8.29 Subd. 9. Application. (a) A person must apply to the commissioner for an
8.30agricultural pesticide dealer license on forms and in a manner approved by the
8.31commissioner.
8.32(b) The applicant must be the person in charge of each location or place of business
8.33from which agricultural pesticides aredistributed offered for sale or sold in or into the state.
9.1(c) The commissioner may require that the applicant provide information regarding
9.2the applicant's proposed operations and other information considered pertinent by the
9.3commissioner.
9.4(d) The commissioner may require additional demonstration of licensee qualification
9.5if the licensee has had a license suspended or revoked, or has otherwise had a history of
9.6violations in another state or violations of this chapter.
9.7(e) A licensed agricultural pesticide dealer who changes the dealer's address or place
9.8of business must immediately notify the commissioner of the change.
9.9(f) Beginning January 1, 2011, an application for renewal of an agricultural pesticide
9.10dealer license is complete only when a report and any applicable payment of fees under
9.11subdivision 8 are received by the commissioner.
9.12 Sec. 13. Minnesota Statutes 2012, section 18B.37, subdivision 4, is amended to read:
9.13 Subd. 4.Storage, handling, Incident response, and disposal plan. A pesticide
9.14dealer, agricultural pesticide dealer, or a commercial, noncommercial, or structural pest
9.15controlapplicator or the business that the applicator is employed by business must develop
9.16and maintaina an incident response plan that describes its pesticide storage, handling,
9.17incident response, and disposal practices the actions that will be taken to prevent and
9.18respond to pesticide incidents. The plan must contain the same information as forms
9.19provided by the commissioner. The plan must be kept at a principal business site or location
9.20within this state and must be submitted to the commissioner upon requeston forms provided
9.21by the commissioner. The plan must be available for inspection by the commissioner.
9.22 Sec. 14. Minnesota Statutes 2012, section 31.94, is amended to read:
9.2331.94 COMMISSIONER DUTIES.
9.24(a) In order to promote opportunities for organic agriculture in Minnesota, the
9.25commissioner shall:
9.26(1) survey producers and support services and organizations to determine
9.27information and research needs in the area of organic agriculture practices;
9.28(2) work with the University of Minnesota to demonstrate the on-farm applicability
9.29of organic agriculture practices to conditions in this state;
9.30(3) direct the programs of the department so as to work toward the promotion of
9.31organic agriculture in this state;
9.32(4) inform agencies of how state or federal programs could utilize and support
9.33organic agriculture practices; and
10.1(5) work closely with producers, the University of Minnesota, the Minnesota Trade
10.2Office, and other appropriate organizations to identify opportunities and needs as well
10.3as ensure coordination and avoid duplication of state agency efforts regarding research,
10.4teaching, marketing, and extension work relating to organic agriculture.
10.5(b) By November 15 of each year that ends in a zero or a five, the commissioner,
10.6in conjunction with the task force created in paragraph (c), shall report on the status of
10.7organic agriculture in Minnesota to the legislative policy and finance committees and
10.8divisions with jurisdiction over agriculture. The report must include available data on
10.9organic acreage and production, available data on the sales or market performance of
10.10organic products, and recommendations regarding programs, policies, and research efforts
10.11that will benefit Minnesota's organic agriculture sector.
10.12(c) A Minnesota Organic Advisory Task Force shall advise the commissioner and the
10.13University of Minnesota on policies and programs that will improve organic agriculture in
10.14Minnesota, including how available resources can most effectively be used for outreach,
10.15education, research, and technical assistance that meet the needs of the organic agriculture
10.16community. The task force must consist of the following residents of the state:
10.17(1) three organic farmersusing organic agriculture methods;
10.18(2) one wholesaler or distributor of organic products;
10.19(3) one representative of organic certification agencies;
10.20(4) two organic processors;
10.21(5) one representative from University of Minnesota Extension;
10.22(6) one University of Minnesota faculty member;
10.23(7) one representative from a nonprofit organization representing producers;
10.24(8) two public members;
10.25(9) one representative from the United States Department of Agriculture;
10.26(10) one retailer of organic products; and
10.27(11) one organic consumer representative.
10.28The commissioner, in consultation with the director of the Minnesota Agricultural
10.29Experiment Station; the dean and director of University of Minnesota Extension; and the
10.30dean of the College of Food, Agricultural and Natural Resource Sciences, shall appoint
10.31members to servestaggered two three-year terms.
10.32Compensation and removal of members are governed by section15.059, subdivision
10.336 . The task force must meet at least twice each year and expires on June 30, 2013 2016.
10.34(d) For the purposes of expanding, improving, and developing production and
10.35marketing of the organic products of Minnesota agriculture, the commissioner may
10.36receive funds from state and federal sources and spend them, including through grants or
11.1contracts, to assist producers and processors to achieve certification, to conduct education
11.2or marketing activities, to enter into research and development partnerships, or to address
11.3production or marketing obstacles to the growth and well-being of the industry.
11.4(e) The commissioner may facilitate the registration of state organic production
11.5and handling operations including those exempt from organic certification according to
11.6Code of Federal Regulations, title 7, section 205.101, and certification agents operating
11.7within the state.
11.8 Sec. 15. Minnesota Statutes 2012, section 41A.105, subdivision 5, is amended to read:
11.9 Subd. 5. Expiration. This section expires June 30,2014 2015.
11.10 Sec. 16. Minnesota Statutes 2012, section 41A.12, subdivision 3, is amended to read:
11.11 Subd. 3. Oversight. The commissioner, in consultation with the chairs and ranking
11.12minority members of the house of representatives and senate committees with jurisdiction
11.13over agriculture finance, must allocate available funds among eligible uses, develop
11.14competitive eligibility criteria, and award funds on a needs basis. By February 1 each
11.15year, the commissioner shall report to the legislature on the allocation among eligible uses
11.16and any financial assistance provided under this section.
11.17 Sec. 17. Minnesota Statutes 2012, section 41A.12, is amended by adding a subdivision
11.18to read:
11.19 Subd. 3a. Grant awards. Grant projects may continue for up to three years.
11.20Multiyear projects must be reevaluated by the commissioner before second- and third-year
11.21funding is approved. A project is limited to one grant for its funding.
11.22 Sec. 18. Minnesota Statutes 2012, section 41B.04, subdivision 9, is amended to read:
11.23 Subd. 9. Restructured loan agreement. (a) For a deferred restructured loan, all
11.24payments on the primary and secondary principal, all payments of interest on the secondary
11.25principal, and an agreed portion of the interest payable to the eligible agricultural lender
11.26on the primary principal must be deferred to the end of the term of the loan.
11.27(b) Interest on secondary principal must accrue at a below market interest rate.
11.28(c) At the conclusion of the term of the restructured loan, the borrower owes primary
11.29principal, secondary principal, and deferred interest on primary and secondary principal.
11.30However, part of this balloon payment may be forgiven following an appraisal by the
11.31lender and the authority to determine the current market value of the real estate subject to
11.32the mortgage. If the current market value of the land after appraisal is less than the amount
12.1of debt owed by the borrower to the lender and authority on this obligation, that portion of
12.2the obligation that exceeds the current market value of the real property must be forgiven
12.3by the lender and the authority in the following order:
12.4(1) deferred interest on secondary principal;
12.5(2) secondary principal;
12.6(3) deferred interest on primary principal;
12.7(4) primary principal as provided in an agreement between the authority and the
12.8lender; and
12.9(5) accrued but not deferred interest on primary principal.
12.10(d) For an amortized restructured loan, payments must include installments on
12.11primary principal and interest on the primary principal. An amortized restructured loan
12.12must be amortized over a time period and upon terms to be established by the authority by
12.13rule.
12.14(e) A borrower may prepay the restructured loan, with all primary and secondary
12.15principal and interest and deferred interest at any timewithout prepayment penalty.
12.16(f) The authority may not participate in refinancing a restructured loan at the
12.17conclusion of the restructured loan.
12.18 Sec. 19. Minnesota Statutes 2012, section 41D.01, subdivision 4, is amended to read:
12.19 Subd. 4. Expiration. This section expires on June 30,2013 2018.
12.20 Sec. 20. Minnesota Statutes 2012, section 116V.01, subdivision 2, is amended to read:
12.21 Subd. 2. Board of directors. (a) The board of directors of the Agricultural
12.22Utilization Research Institute is comprised of:
12.23(1) the chairs of the senate and the house of representatives standing committees
12.24with jurisdiction over agriculture finance or the chair's designee;
12.25(2) two representatives of statewide farm organizations;
12.26(3) two representatives of agribusiness; and
12.27(4)three five representatives of the commodity promotion councils.
12.28(b) A person who has been appointed pursuant to paragraph (a), clauses (2) to (4),
12.29and has served for four or more terms, shall not be reappointed to the board of directors.
12.30 Sec. 21. Minnesota Statutes 2012, section 223.17, is amended by adding a subdivision
12.31to read:
13.1 Subd. 7a. Bond requirements; claims. For entities licensed under this chapter
13.2and chapter 232, the bond requirements and claims against the bond are governed under
13.3section 232.22, subdivision 6a.
13.4 Sec. 22. Minnesota Statutes 2012, section 232.22, is amended by adding a subdivision
13.5to read:
13.6 Subd. 6a. Bond determinations. If a public grain warehouse operator is licensed
13.7under both this chapter and chapter 223, the warehouse shall have its bond determined
13.8by its gross annual grain purchase amount or its annual average grain storage value,
13.9whichever is greater. For those entities licensed under this chapter and chapter 223, the
13.10entire bond shall be available to any claims against the bond for claims filed under this
13.11chapter and chapter 223.
13.12 Sec. 23. Minnesota Statutes 2012, section 296A.01, subdivision 19, is amended to read:
13.13 Subd. 19. E85. "E85" means a petroleum product that is a blend of agriculturally
13.14derived denatured ethanol and gasoline or natural gasoline thattypically contains not more
13.15than 85 percent ethanol by volume, but at a minimum must contain 60 percent ethanol by
13.16volume. For the purposes of this chapter, the energy content of E85 will be considered to be
13.1782,000 BTUs per gallon. E85 produced for use as a motor fuel in alternative fuel vehicles
13.18as defined in subdivision 5 must comply with ASTM specificationD5798-07 D5798-11.
13.19EFFECTIVE DATE.This section is effective the day following final enactment.
13.20 Sec. 24. Minnesota Statutes 2012, section 583.215, is amended to read:
13.21583.215 EXPIRATION.
13.22 Sections336.9-601 , subsections (h) and (i);
550.365 ;
559.209 ;
582.039 ; and
583.20
13.23to583.32 , expire June 30, 2013 2015.
13.24EFFECTIVE DATE.This section is effective the day following final enactment.
13.25 Sec. 25. WASTE PESTICIDE REPORTING; 2013, 2014, AND 2015.
13.26Notwithstanding the recording and reporting requirements of Minnesota Statutes,
13.27section 18B.065, subdivision 2a, paragraph (d), persons are not required to record or
13.28report agricultural or nonagricultural waste pesticide collected after the effective date of
13.29this section in 2013, 2014, and 2015. The commissioner shall analyze existing collection
13.30data to identify trends that will inform future collection strategies to better meet the needs
13.31and nature of current waste pesticide streams. By January 15, 2015, the commissioner
14.1shall report analysis, recommendations, and proposed policy changes to this program to
14.2legislative committees with jurisdiction over agriculture finance and policy.
14.3EFFECTIVE DATE.This section is effective the day following final enactment.
14.4 Sec. 26. UPDATE REQUIRED; REPORT.
14.5No later than December 31, 2017, the commissioner of agriculture must use
14.6existing pesticide regulatory account resources to update and modify applicator education
14.7and training materials as required in section 7. No later than January 15, 2015, the
14.8commissioner must report to the legislative committees and divisions with jurisdiction over
14.9agriculture policy and finance regarding the agency's progress and a schedule of additional
14.10activities the commissioner will accomplish to meet the December 31, 2017, deadline.
14.11 Sec. 27. REVISOR'S INSTRUCTION.
14.12The revisor of statutes shall renumber Minnesota Statutes, section 18B.01,
14.13subdivision 4a, as subdivision 4b and correct any cross-references.
14.14 Sec. 28. REPEALER.
14.15Minnesota Statutes 2012, section 18B.07, subdivision 6, is repealed.
14.18 Section 1. Minnesota Statutes 2012, section 41A.10, subdivision 2, is amended to read:
14.19 Subd. 2. Cellulosic biofuel production goal. The state cellulosic biofuel production
14.20goal is one-quarter of the total amount necessary forethanol biofuel use required under
14.21section239.791, subdivision 1a 1 , by 2015 or when cellulosic biofuel facilities in the state
14.22attain a total annual production level of 60,000,000 gallons, whichever is first.
14.23 Sec. 2. Minnesota Statutes 2012, section 41A.10, is amended by adding a subdivision
14.24to read:
14.25 Subd. 3. Expiration. This section expires January 1, 2015.
14.26 Sec. 3. Minnesota Statutes 2012, section 41A.105, subdivision 1a, is amended to read:
14.27 Subd. 1a. Definitions. For the purpose of this section:
14.28 (1) "biobased chemical" means a polymer, monomer, chemical, plastic, or
14.29formulated product that is not sold primarily for the use as food, feed, or fuel and that has a
15.1biobased content percentage of at least 25 percent as determined by testing representative
15.2samples using American Society for Testing and Materials specification D6866;
15.3(1) (2) "biobutanol facility" means a facility at which biobutanol is produced; and
15.4(2) (3) "biobutanol" means fermentation isobutyl alcohol that is derived from
15.5agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets;
15.6forest products; or other renewable resources, including residue and waste generated
15.7from the production, processing, and marketing of agricultural products, forest products,
15.8and other renewable resources.
15.9 Sec. 4. Minnesota Statutes 2012, section 41A.105, subdivision 3, is amended to read:
15.10 Subd. 3. Duties. The board shall research and report to the commissioner of
15.11agriculture and to the legislature recommendations as to how the state can invest its
15.12resources to most efficiently achieve energy independence, agricultural and natural
15.13resources sustainability, and rural economic vitality. The board shall:
15.14 (1) examine the future of fuels, such as synthetic gases, biobutanol, hydrogen,
15.15methanol, biodiesel, and ethanol within Minnesota;
15.16 (2) examine the opportunity for biobased chemical production by integrated
15.17biorefineries or stand-alone facilities that use agricultural and forestry feedstocks;
15.18(2) (3) develop equity grant programs to assist locally owned facilities;
15.19(3) (4) study the proper role of the state in creating financing and investing and
15.20providing incentives;
15.21(4) (5) evaluate how state and federal programs, including the Farm Bill, can best
15.22work together and leverage resources;
15.23(5) (6) work with other entities and committees to develop a clean energy program;
15.24and
15.25(6) (7) report to the legislature before February 1 each year with recommendations
15.26as to appropriations and results of past actions and projects.
15.27 Sec. 5. Minnesota Statutes 2012, section 116J.437, subdivision 1, is amended to read:
15.28 Subdivision 1. Definitions. (a) For the purpose of this section, the following terms
15.29have the meanings given.
15.30(b) "Green economy" means products, processes, methods, technologies, or services
15.31intended to do one or more of the following:
15.32 (1) increase the use of energy from renewable sources, including through achieving
15.33the renewable energy standard established in section216B.1691 ;
16.1 (2) achieve the statewide energy-savings goal established in section216B.2401 ,
16.2including energy savings achieved by the conservation investment program under section
16.3216B.241
;
16.4 (3) achieve the greenhouse gas emission reduction goals of section216H.02 ,
16.5subdivision 1, including through reduction of greenhouse gas emissions, as defined in
16.6section216H.01, subdivision 2 , or mitigation of the greenhouse gas emissions through,
16.7but not limited to, carbon capture, storage, or sequestration;
16.8 (4) monitor, protect, restore, and preserve the quality of surface waters, including
16.9actions to further the purposes of the Clean Water Legacy Act as provided in section
16.10114D.10, subdivision 1
;
16.11 (5) expand the use of biofuels, including by expanding the feasibility or reducing the
16.12cost of producing biofuels or the types of equipment, machinery, and vehicles that can
16.13use biofuels, including activities to achieve thebiofuels 25 by 2025 initiative in sections
16.1441A.10, subdivision 2, and
41A.11 petroleum replacement goal in section 239.7911; or
16.15(6) increase the use of green chemistry, as defined in section116.9401 .
16.16For the purpose of clause (3), "green economy" includes strategies that reduce carbon
16.17emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass
16.18transit or otherwise reducing commuting for employees.
16.19 Sec. 6. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
16.20to read:
16.21 Subd. 1a. Advanced biofuel. "Advanced biofuel" has the meaning given in Public
16.22Law 110-140, title 2, subtitle A, section 201.
16.23 Sec. 7. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
16.24to read:
16.25 Subd. 5a. Biofuel. "Biofuel" means a renewable fuel with an approved pathway
16.26under authority of the federal Energy Policy Act of 2005, Public Law 109-58, as amended
16.27by the federal Energy Independence and Security Act of 2007, Public Law 110–140,
16.28and approved for sale by the United States Environmental Protection Agency. The term
16.29"biofuel" includes both advanced and conventional biofuels.
16.30 Sec. 8. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
16.31to read:
16.32 Subd. 7a. Conventional biofuel. "Conventional biofuel" means ethanol derived
16.33from cornstarch, as defined in Public Law 110-140, title 2, subtitle A, section 201.
17.1 Sec. 9. Minnesota Statutes 2012, section 239.761, subdivision 3, is amended to read:
17.2 Subd. 3. Gasoline. (a) Gasoline that is not blended withethanol biofuel must not be
17.3contaminated with water or other impurities and must comply with ASTM specification
17.4D4814-08b. Gasoline that is not blended withethanol biofuel must also comply with the
17.5volatility requirements in Code of Federal Regulations, title 40, part 80.
17.6(b) After gasoline is sold, transferred, or otherwise removed from a refinery or
17.7terminal, a person responsible for the product:
17.8(1) may blend the gasoline with agriculturally derived ethanol as provided in
17.9subdivision 4;
17.10(2) shall not blend the gasoline with any oxygenate other thandenatured,
17.11agriculturally derived ethanol biofuel;
17.12(3) shall not blend the gasoline with other petroleum products that are not gasoline
17.13ordenatured, agriculturally derived ethanol biofuel;
17.14(4) shall not blend the gasoline with products commonly and commercially known
17.15as casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline, or
17.16natural gasoline; and
17.17(5) may blend the gasoline with a detergent additive, an antiknock additive, or an
17.18additive designed to replace tetra-ethyl lead, that is registered by the EPA.
17.19 Sec. 10. Minnesota Statutes 2012, section 239.791, subdivision 1, is amended to read:
17.20 Subdivision 1. Minimumethanol biofuel content required. (a) Except as provided
17.21in subdivisions 10 to 14, a person responsible for the product shall ensure that all gasoline
17.22sold or offered for sale in Minnesota must contain at least the quantity ofethanol biofuel
17.23 required by clause (1) or (2),whichever is greater at the option of the person responsible
17.24for the product:
17.25(1) the greater of:
17.26(i) 10.0 percentdenatured ethanol conventional biofuel by volume; or
17.27(2) (ii) the maximum percent of denatured ethanol conventional biofuel by volume
17.28authorized in a waiver granted by the United States Environmental Protection Agency; or
17.29(2) 10.0 percent of a biofuel, other than a conventional biofuel, by volume authorized
17.30in a waiver granted by the United States Environmental Protection Agency or a biofuel
17.31formulation registered by the United States Environmental Protection Agency under
17.32United States Code, title 42, section 7545.
17.33(b) For purposes of enforcing theminimum ethanol requirement of paragraph (a),
17.34clause (1), item (i), agasoline/ethanol gasoline/biofuel blend will be construed to be in
17.35compliance if theethanol biofuel content, exclusive of denaturants and other permitted
18.1components, comprises not less than 9.2 percent by volume and not more than 10.0 percent
18.2by volume of the blend as determined by an appropriate United States Environmental
18.3Protection Agency or American Society of Testing Materials standard method of analysis
18.4of alcohol/ether content in engine fuels.
18.5(c)The provisions of this subdivision are suspended during any period of time that
18.6subdivision 1a, paragraph (a), is in effect. The aggregate amount of biofuel blended
18.7pursuant to this subdivision may be any biofuel; however, conventional biofuel must
18.8comprise no less than the portion specified on and after the specified dates:
18.14 Sec. 11. Minnesota Statutes 2012, section 239.791, subdivision 2a, is amended to read:
18.15 Subd. 2a. Federal Clean Air Act waivers; conditions. (a) Before a waiver granted
18.16by the United States Environmental Protection Agency undersection 211(f)(4) of the
18.17Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4),
18.18 may alter the minimum content level required by subdivision 1, paragraph (a), clause(2),
18.19or subdivision 1a, paragraph (a), clause (2) (1), item (ii), the waiver must:
18.20(1) apply to all gasoline-powered motor vehicles irrespective of model year; and
18.21(2) allow for special regulatory treatment of Reid vapor pressure under Code of
18.22Federal Regulations, title 40, section80.27 , paragraph (d), for blends of gasoline and
18.23ethanol up to the maximum percent of denatured ethanol by volume authorized under
18.24the waiver.
18.25(b) The minimumethanol biofuel requirement in subdivision 1, paragraph (a), clause
18.26(2), or subdivision 1a, paragraph (a), clause (2), (1), item (ii), shall, upon the grant of the
18.27federal waiver, be effective the day after the commissioner of commerce publishes notice
18.28in the State Register. In making this determination, the commissioner shall consider the
18.29amount of time required by refiners, retailers, pipeline and distribution terminal companies,
18.30and other fuel suppliers, acting expeditiously, to make the operational and logistical changes
18.31required to supply fuel in compliance with the minimumethanol biofuel requirement.
18.32 Sec. 12. Minnesota Statutes 2012, section 239.791, subdivision 2b, is amended to read:
18.33 Subd. 2b. Limited liability waiver. No motor fuel shall be deemed to be a defective
18.34product by virtue of the fact that the motor fuel is formulated or blended pursuant to
18.35the requirements of subdivision 1, paragraph (a), clause(2), or subdivision 1a (1), item
19.1(ii), under any theory of liability except for simple or willful negligence or fraud. This
19.2subdivision does not preclude an action for negligent, fraudulent, or willful acts. This
19.3subdivision does not affect a person whose liability arises under chapter 115, water
19.4pollution control; 115A, waste management; 115B, environmental response and liability;
19.5115C, leaking underground storage tanks; or 299J, pipeline safety; under public nuisance
19.6law for damage to the environment or the public health; under any other environmental or
19.7public health law; or under any environmental or public health ordinance or program of a
19.8municipality as defined in section466.01 .
19.9 Sec. 13. Minnesota Statutes 2012, section 239.7911, is amended to read:
19.10239.7911 PETROLEUM REPLACEMENT PROMOTION.
19.11 Subdivision 1. Petroleum replacement goal. The tiered petroleum replacement
19.12goal of the state of Minnesota is that biofuel comprises at least the specified portion of
19.13total gasoline sold or offered for sale in this state by each specified year:
19.14(1) at least 20 percent of the liquid fuel sold in the state is derived from renewable
19.15sources by December 31, 2015; and
19.16(2) at least 25 percent of the liquid fuel sold in the state is derived from renewable
19.17sources by December 31, 2025.
19.22 Subd. 2. Promotion of renewable liquid fuels. (a) The commissioner of agriculture,
19.23in consultation with the commissioners of commerce and the Pollution Control Agency,
19.24shall identify and implement activities necessaryfor the widespread use of renewable
19.25liquid fuels in the state to achieve the goals in subdivision 1. Beginning November 1,
19.262005, and continuing through 2015, the commissioners, or their designees, shall work with
19.27representatives from the renewable fuels industry, petroleum retailers, refiners, automakers,
19.28small engine manufacturers, and other interested groups, to. The representatives shall assist
19.29the commissioners in carrying out the activities in paragraph (b) and eliminating barriers to
19.30the use of greater biofuel blends in this state. The representatives must coordinate efforts
19.31with the NextGen Energy Board, the biodiesel task force, and the Renewable Energy
19.32Roundtable and develop annual recommendations for administrative and legislative action.
19.33 (b) The activities of the commissioners under this subdivision shall include, but not
19.34be limited to:
20.1 (1) developing recommendations for specific, cost-effective incentives necessary
20.2to expedite the use of greater biofuel blends in this state including, but not limited to,
20.3incentives for retailers to install equipment necessaryfor dispensing to dispense renewable
20.4liquid fuels to the public;
20.5 (2) expanding the renewable-fuel options available to Minnesota consumers by
20.6obtaining federal approval for the use ofE20 and additional blends that contain a greater
20.7percentage ofethanol, including but not limited to E30 and E50, as gasoline biofuel;
20.8 (3) developing recommendationsfor ensuring to ensure that motor vehicles and
20.9small engine equipment have access to an adequate supply of fuel;
20.10 (4) working with the owners and operators of large corporate automotive fleets in the
20.11state to increase their use of renewable fuels;and
20.12 (5) working to maintain an affordable retail price for liquid fuels;
20.13 (6) facilitating the production and use of advanced biofuels in this state; and
20.14 (7) developing procedures for reporting the amount and type of biofuel under
20.15subdivision 1, and section 239.791, subdivision 1, paragraph (c).
20.16 Sec. 14. Minnesota Statutes 2012, section 296A.01, is amended by adding a
20.17subdivision to read:
20.18 Subd. 8b. Biobutanol. "Biobutanol" means isobutyl alcohol produced by
20.19fermenting agriculturally generated organic material that is to be blended with gasoline,
20.20and meets either:
20.21 (1) the initial ASTM Standard Specification for Butanol for Blending with Gasoline
20.22for use as an Automotive Spark-Ignition Engine Fuel once it has been released by ASTM
20.23for general distribution; or
20.24 (2) in the absence of an ASTM Standard Specification, the following list of
20.25requirements:
20.26 (i) visually free of sediment and suspended matter;
20.27 (ii) clear and bright at the ambient temperature of 21 degrees Celsius or the ambient
20.28temperature, whichever is higher;
20.29 (iii) free of any adulterant or contaminant that can render it unacceptable for its
20.30commonly used applications;
20.31 (iv) contains not less than 96 volume percent isobutyl alcohol;
20.32 (v) contains not more than 0.4 volume percent methanol;
20.33 (vi) contains not more than 1.0 volume percent water as determined by ASTM
20.34standard test method E203 or E1064;
21.1 (vii) acidity (as acetic acid) of not more than 0.007 mass percent as determined
21.2by ASTM standard test method D1613;
21.3 (viii) solvent washed gum content of not more than 5.0 milligrams per 100 milliliters
21.4as determined by ASTM standard test method D381;
21.5 (ix) sulfur content of not more than 30 parts per million as determined by ASTM
21.6standard test method D2622 or D5453; and
21.7 (x) contains not more than 4 parts per million total inorganic sulfate.
21.8 Sec. 15. REPEALER.
21.9Minnesota Statutes 2012, section 239.791, subdivision 1a, is repealed.
21.12 Section 1. Minnesota Statutes 2012, section 18.77, subdivision 3, is amended to read:
21.13 Subd. 3. Control. "Control" means todestroy all or part of the aboveground
21.14growth of noxious weeds manage or prevent the maturation and spread of propagating
21.15parts of noxious weeds from one area to another by a lawful method that does not cause
21.16unreasonable adverse effects on the environment as defined in section18B.01, subdivision
21.1731 , and prevents the maturation and spread of noxious weed propagating parts from one
21.18area to another.
21.19 Sec. 2. Minnesota Statutes 2012, section 18.77, subdivision 4, is amended to read:
21.20 Subd. 4. Eradicate. "Eradicate" means to destroy the abovegroundgrowth and the
21.21roots and belowground plant parts of noxious weeds by a lawful method that which prevents
21.22the maturation and spread of noxious weed propagating parts from one area to another.
21.23 Sec. 3. Minnesota Statutes 2012, section 18.77, subdivision 10, is amended to read:
21.24 Subd. 10. Permanent pasture, hay meadow, woodlot,and or other noncrop
21.25area. "Permanent pasture, hay meadow, woodlot,and or other noncrop area" means an
21.26area of predominantly native or seeded perennial plants that can be used for grazing or hay
21.27purposes but is not harvested on a regular basis and is not considered to be a growing crop.
21.28 Sec. 4. Minnesota Statutes 2012, section 18.77, subdivision 12, is amended to read:
21.29 Subd. 12. Propagating parts. "Propagating parts" means all plant parts, including
21.30seeds, that are capable of producing new plants.
22.1 Sec. 5. [18.771] NOXIOUS WEED CATEGORIES.
22.2(a) For purposes of designation under section 18.79, subdivision 13, noxious weed
22.3category means each of the following categories.
22.4(b) "Prohibited noxious weed" includes noxious weeds that must be controlled or
22.5eradicated on all lands within the state. Transportation of a prohibited noxious weed's
22.6propagating parts shall be restricted by permit except as allowed by section 18.82.
22.7Prohibited noxious weeds cannot be sold or propagated in Minnesota. There are two
22.8regulatory listings for prohibited noxious weeds in Minnesota:
22.9(1) The "Noxious Weed Eradicate List" is established. Prohibited noxious weeds
22.10placed on the Noxious Weed Eradicate List are plants that are not currently known to be
22.11present in Minnesota or are not widely established. These species must be eradicated.
22.12(2) The "Noxious Weed Control List" is established. Prohibited noxious weeds
22.13placed on the Noxious Weed Control List are plants that are already established throughout
22.14Minnesota or regions of the state. Species on this list must at least be controlled.
22.15(c) "Restricted noxious weeds" includes noxious weeds that are widely distributed
22.16in Minnesota, but whose only feasible means of control is to prevent their spread by
22.17prohibiting the importation, sale, and transportation of their propagating parts in the state
22.18except as allowed by section 18.82.
22.19(d) "Specially regulated plants" includes noxious weeds that may be native
22.20species or have demonstrated economic value, but also have the potential to cause harm
22.21in noncontrolled environments. Plants designated as specially regulated have been
22.22determined to pose ecological, economical, or human or animal health concerns. Species
22.23specific management plans or rules that define the use and management requirements
22.24for these plants must be developed by the commissioner of agriculture for each plant
22.25designated as specially regulated. The commissioner must also take measures to minimize
22.26the potential for harm caused by these plants.
22.27(e) "County noxious weeds" includes noxious weeds that are designated by
22.28individual county boards to be enforced as prohibited noxious weeds within the county's
22.29jurisdiction and must be approved by the commissioner of agriculture, in consultation with
22.30the Noxious Weed Advisory Committee. Each county board must submit newly proposed
22.31county noxious weeds to the commissioner of agriculture for review. Approved county
22.32noxious weeds shall also be posted with the county's general weed notice prior to May 15
22.33each year. Counties are solely responsible for developing county noxious weed lists and
22.34their enforcement.
22.35 Sec. 6. Minnesota Statutes 2012, section 18.78, subdivision 3, is amended to read:
23.1 Subd. 3.Cooperative Weed control agreement. The commissioner, municipality,
23.2or county agricultural inspector or county-designated employee may enter into a
23.3cooperative weed control agreement with a landowner or weed management area
23.4group to establish a mutually agreed-upon noxious weed management plan for up to
23.5three years duration, whereby a noxious weed problem will be controlled without
23.6additional enforcement action. If a property owner fails to comply with the noxious weed
23.7management plan, an individual notice may be served.
23.8 Sec. 7. Minnesota Statutes 2012, section 18.79, subdivision 6, is amended to read:
23.9 Subd. 6. Training for control or eradication of noxious weeds. The commissioner
23.10shall conduct initial training considered necessary for inspectors and county-designated
23.11employees in the enforcement of the Minnesota Noxious Weed Law. The director of
23.12the Minnesota ExtensionService may conduct educational programs for the general
23.13public that will aid compliance with the Minnesota Noxious Weed Law. Upon request,
23.14the commissioner may provide information and other technical assistance to the county
23.15agricultural inspector or county-designated employee to aid in the performance of
23.16responsibilities specified by the county board under section18.81, subdivisions 1a and 1b.
23.17 Sec. 8. Minnesota Statutes 2012, section 18.79, subdivision 13, is amended to read:
23.18 Subd. 13. Noxious weed designation. The commissioner, in consultation with the
23.19Noxious Weed Advisory Committee, shall determine which plants are noxious weeds
23.20subject tocontrol regulation under sections
18.76 to
18.91 . The commissioner shall
23.21prepare, publish, and revise as necessary, but at least once every three years, a list of
23.22noxious weeds and their designated classification. The list must be distributed to the public
23.23by the commissioner who may request the help of the University of Minnesota Extension,
23.24the county agricultural inspectors, and any other organization the commissioner considers
23.25appropriate to assist in the distribution. The commissioner may, in consultation with
23.26the Noxious Weed Advisory Committee, accept and consider noxious weed designation
23.27petitions from Minnesota citizens or Minnesota organizations or associations.
23.28 Sec. 9. Minnesota Statutes 2012, section 18.82, subdivision 1, is amended to read:
23.29 Subdivision 1. Permits. Except as provided in section21.74 , if a person wants to
23.30transport along a public highway materials or equipment containing the propagating
23.31parts of weeds designated as noxious by the commissioner, the person must secure a
23.32written permit for transportation of the material or equipment from an inspector or
23.33county-designated employee. Inspectors or county-designated employees may issue
24.1permits to persons residing or operating within their jurisdiction.If the noxious weed
24.2propagating parts are removed from materials and equipment or devitalized before
24.3being transported, a permit is not needed A permit is not required for the transport of
24.4noxious weeds for the purpose of destroying propagating parts at a Department of
24.5Agriculture-approved disposal site. Anyone transporting noxious weed propagating parts
24.6for the purpose of disposal at an approved site shall ensure that all materials are contained
24.7in a manner that prevents escape during transport.
24.8 Sec. 10. Minnesota Statutes 2012, section 18.91, subdivision 1, is amended to read:
24.9 Subdivision 1. Duties. The commissioner shall consult with the Noxious Weed
24.10Advisory Committee to advise the commissioner concerning responsibilities under
24.11the noxious weed control program. The committee shallalso evaluate species for
24.12invasiveness, difficulty of control, cost of control, benefits, and amount of injury caused
24.13by them. For each species evaluated, the committee shall recommend to the commissioner
24.14on which noxious weed list or lists, if any, the species should be placed. Speciescurrently
24.15 designated as prohibited or restricted noxious weeds or specially regulated plants must
24.16be reevaluated every three years for a recommendation on whether or not they need to
24.17remain on the noxious weed lists. The committee shall also advise the commissioner on
24.18the implementation of the Minnesota Noxious Weed Law and assist the commissioner in
24.19the development of management criteria for each noxious weed category. Members of
24.20the committee are not entitled to reimbursement of expenses nor payment of per diem.
24.21Members shall serve two-year terms with subsequent reappointment by the commissioner.
24.22 Sec. 11. Minnesota Statutes 2012, section 18.91, subdivision 2, is amended to read:
24.23 Subd. 2. Membership. The commissioner shall appoint members, which shall
24.24include representatives from the following:
24.25(1) horticultural science, agronomy, and forestry at the University of Minnesota;
24.26(2) the nursery and landscape industry in Minnesota;
24.27(3) the seed industry in Minnesota;
24.28(4) the Department of Agriculture;
24.29(5) the Department of Natural Resources;
24.30(6) a conservation organization;
24.31(7) an environmental organization;
24.32(8) at least two farm organizations;
24.33(9) the county agricultural inspectors;
24.34(10) city, township, and county governments;
25.1(11) the Department of Transportation;
25.2(12) the University of Minnesota Extension;
25.3(13) the timber and forestry industry in Minnesota;
25.4(14) the Board of Water and Soil Resources;and
25.5(15) soil and water conservation districts.;
25.6(16) Minnesota Association of County Land Commissioners; and
25.7(17) members as needed.
25.8 Sec. 12. REPEALER.
25.9Minnesota Statutes 2012, section 18.91, subdivisions 3 and 5, are repealed.
1.3changes to provisions related to agricultural law; modifying provisions related
1.4to pesticide control, agricultural resource loan and ethanol development, the
1.5Rural Finance Authority, grain buyers, and other agriculture-related provisions;
1.6providing a sunset date for the cellulosic ethanol production goal; extending
1.7the sunset for the Minnesota Agricultural Education Leadership Council and
1.8farmer-lender mediation; directing the NextGen Energy Board to examine
1.9biobased chemical production; converting the ethanol minimum content
1.10requirement to a biofuel requirement; expanding the petroleum replacement
1.11goal; repealing E20 mandate language; modifying noxious weed law; modifying
1.12definition of E85; requiring reports;amending Minnesota Statutes 2012, sections
1.1317.118, subdivision 2; 18.77, subdivisions 3, 4, 10, 12; 18.78, subdivision 3;
1.1418.79, subdivisions 6, 13; 18.82, subdivision 1; 18.91, subdivisions 1, 2; 18B.01,
1.15by adding a subdivision; 18B.07, subdivisions 4, 5, 7; 18B.26, subdivision 3;
1.1618B.305; 18B.316, subdivisions 1, 3, 4, 8, 9; 18B.37, subdivision 4; 31.94;
1.1741A.10, subdivision 2, by adding a subdivision; 41A.105, subdivisions 1a,
1.183, 5; 41A.12, subdivision 3, by adding a subdivision; 41B.04, subdivision 9;
1.1941D.01, subdivision 4; 116J.437, subdivision 1; 116V.01, subdivision 2; 223.17,
1.20by adding a subdivision; 232.22, by adding a subdivision; 239.051, by adding
1.21subdivisions; 239.761, subdivision 3; 239.791, subdivisions 1, 2a, 2b; 239.7911;
1.22296A.01, subdivision 19, by adding a subdivision; 583.215; proposing coding for
1.23new law in Minnesota Statutes, chapter 18; repealing Minnesota Statutes 2012,
1.24sections 18.91, subdivisions 3, 5; 18B.07, subdivision 6; 239.791, subdivision 1a.
1.25BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.28 Section 1. Minnesota Statutes 2012, section 17.118, subdivision 2, is amended to read:
1.29 Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this
1.30subdivision have the meanings given them.
2.1 (b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed
2.2cervidae, ratitae, bison, sheep, horses, and llamas.
2.3 (c) "Qualifying expenditures" means the amount spent for:
2.4 (1) the acquisition, construction, or improvement of buildings or facilities for the
2.5production of livestock or livestock products;
2.6 (2) the development of pasture for use by livestock including, but not limited to, the
2.7acquisition, development, or improvement of:
2.8 (i) lanes used by livestock that connect pastures to a central location;
2.9 (ii) watering systems for livestock on pasture including water lines, booster pumps,
2.10and well installations;
2.11 (iii) livestock stream crossing stabilization; and
2.12 (iv) fences; or
2.13 (3) the acquisition of equipment for livestock housing, confinement, feeding, and
2.14waste management including, but not limited to, the following:
2.15 (i) freestall barns;
2.16 (ii) watering facilities;
2.17 (iii) feed storage and handling equipment;
2.18 (iv) milking parlors;
2.19 (v) robotic equipment;
2.20 (vi) scales;
2.21 (vii) milk storage and cooling facilities;
2.22 (viii) bulk tanks;
2.23 (ix) computer hardware and software and associated equipment used to monitor
2.24the productivity and feeding of livestock;
2.25 (x) manure pumping and storage facilities;
2.26 (xi) swine farrowing facilities;
2.27 (xii) swine and cattle finishing barns;
2.28 (xiii) calving facilities;
2.29 (xiv) digesters;
2.30 (xv) equipment used to produce energy;
2.31 (xvi) on-farm processing facilities equipment;
2.32 (xvii) fences; and
2.33 (xviii) livestock pens and corrals and sorting, restraining, and loading chutes.
2.34 Except for qualifying pasture development expenditures under clause (2), qualifying
2.35expenditures only include amounts that are allowed to be capitalized and deducted under
3.1either section 167 or 179 of the Internal Revenue Code in computing federal taxable
3.2income. Qualifying expenditures do not include an amount paid to refinance existing debt.
3.3
3.4
3.5
3.6
3.7 Sec. 2. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
3.8to read:
3.9 Subd. 4a. Bulk pesticide storage facility. "Bulk pesticide storage facility" means a
3.10facility that is required to have a permit under section 18B.14.
3.11 Sec. 3. Minnesota Statutes 2012, section 18B.07, subdivision 4, is amended to read:
3.12 Subd. 4. Pesticide storage safeguards
3.13allow a pesticide, rinsate, or unrinsed pesticide container to be stored, kept, or to remain in
3.14or on any site without safeguards adequate to prevent an incident. Pesticides may not be
3.15stored in the immediate area of an open drain, unless a safeguard is provided.
3.16 Sec. 4. Minnesota Statutes 2012, section 18B.07, subdivision 5, is amended to read:
3.17 Subd. 5. Use of
3.18person may not fill pesticide application equipment directly from a public water supply,
3.19as defined in section
3.20subdivision 15, unless the outlet from the
3.21prevention device that complies with and is installed in accordance with the Minnesota
3.22Plumbing Code under Minnesota Rules. A nurse tank not connected to the water supply,
3.23an atmospheric vacuum breaker, an air gap that is 2.0 times the effective diameter of the
3.24outlet, a pressurized vacuum breaker, or a reduced pressure principle backflow prevention
3.25device must also comply with the requirements under the Minnesota Plumbing Code
3.26under Minnesota Rules
3.27(b) Cross connections between a water supply use for filling pesticide application
3.28equipment are prohibited.
3.29(c) This subdivision does not apply to permitted applications of aquatic pesticides to
3.30public waters.
3.31 Sec. 5. Minnesota Statutes 2012, section 18B.07, subdivision 7, is amended to read:
4.1 Subd. 7.
4.2restrictions. (a) A person may not:
4.3(1) clean pesticide application equipment in surface waters of the state; or
4.4(2) fill or clean pesticide application equipment adjacent to surface waters,
4.5ditches, or wells where, because of the slope or other conditions, pesticides or materials
4.6contaminated with pesticides could enter or contaminate the surface waters, groundwater,
4.7or wells, as a result of overflow, leakage, or other causes.
4.8(b) This subdivision does not apply to permitted application of aquatic pesticides to
4.9public waters.
4.10 Sec. 6. Minnesota Statutes 2012, section 18B.26, subdivision 3, is amended to read:
4.11 Subd. 3. Registration application and gross sales fee. (a) For an agricultural
4.12pesticide, a registrant shall pay an annual registration application fee for each agricultural
4.13pesticide of $350. The fee is due by December 31 preceding the year for which the
4.14application for registration is made. The fee is nonrefundable.
4.15(b) For a nonagricultural pesticide, a registrant shall pay a minimum annual
4.16registration application fee for each nonagricultural pesticide of $350. The fee is due by
4.17December 31 preceding the year for which the application for registration is made. The
4.18fee is nonrefundable. The registrant of a nonagricultural pesticide shall pay, in addition to
4.19the $350 minimum fee, a fee of 0.5 percent of annual gross sales of the nonagricultural
4.20pesticide in the state and the annual gross sales of the nonagricultural pesticide sold into
4.21the state for use in this state.
4.22
4.23if the fee due amount based on percent of annual gross sales of a nonagricultural pesticide
4.24is less than $10. The registrant shall secure sufficient sales information of nonagricultural
4.25pesticides distributed into this state from distributors and dealers, regardless of distributor
4.26location, to make a determination. Sales of nonagricultural pesticides in this state and
4.27sales of nonagricultural pesticides for use in this state by out-of-state distributors are not
4.28exempt and must be included in the registrant's annual report, as required under paragraph
4.29(g), and fees shall be paid by the registrant based upon those reported sales. Sales of
4.30nonagricultural pesticides in the state for use outside of the state are exempt from the
4.31gross sales fee in this paragraph if the registrant properly documents the sale location and
4.32distributors. A registrant paying more than the minimum fee shall pay the balance due by
4.33March 1 based on the gross sales of the nonagricultural pesticide by the registrant for the
4.34preceding calendar year. A pesticide determined by the commissioner to be a sanitizer or
4.35disinfectant is exempt from the gross sales fee.
5.1(c) For agricultural pesticides, a licensed agricultural pesticide dealer or licensed
5.2pesticide dealer shall pay a gross sales fee of 0.55 percent of annual gross sales of the
5.3agricultural pesticide in the state and the annual gross sales of the agricultural pesticide
5.4sold into the state for use in this state.
5.5(d) In those cases where a registrant first sells an agricultural pesticide in or into the
5.6state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer
5.7license and is responsible for payment of the annual gross sales fee under paragraph (c),
5.8record keeping under paragraph (i), and all other requirements of section
5.9(e) If the total annual revenue from fees collected in fiscal year 2011, 2012, or 2013,
5.10by the commissioner on the registration and sale of pesticides is less than $6,600,000, the
5.11commissioner, after a public hearing, may increase proportionally the pesticide sales and
5.12product registration fees under this chapter by the amount necessary to ensure this level
5.13of revenue is achieved. The authority under this section expires on June 30, 2014. The
5.14commissioner shall report any fee increases under this paragraph 60 days before the fee
5.15change is effective to the senate and house of representatives agriculture budget divisions.
5.16 (f) An additional fee of 50 percent of the registration application fee must be paid by
5.17the applicant for each pesticide to be registered if the application is a renewal application
5.18that is submitted after December 31.
5.19 (g) A registrant must annually report to the commissioner the amount, type and
5.20annual gross sales of each registered nonagricultural pesticide sold, offered for sale, or
5.21otherwise distributed in the state. The report shall be filed by March 1 for the previous
5.22year's registration. The commissioner shall specify the form of the report or approve
5.23the method for submittal of the report and may require additional information deemed
5.24necessary to determine the amount and type of nonagricultural pesticide annually
5.25distributed in the state. The information required shall include the brand name, United
5.26States Environmental Protection Agency registration number, and amount of each
5.27nonagricultural pesticide sold, offered for sale, or otherwise distributed in the state, but
5.28the information collected, if made public, shall be reported in a manner which does not
5.29identify a specific brand name in the report.
5.30(h) A licensed agricultural pesticide dealer or licensed pesticide dealer must annually
5.31report to the commissioner the amount, type, and annual gross sales of each registered
5.32agricultural pesticide sold, offered for sale, or otherwise distributed in the state or into the
5.33state for use in the state. The report must be filed by January 31 for the previous year's
5.34sales. The commissioner shall specify the form, contents, and approved electronic method
5.35for submittal of the report and may require additional information deemed necessary to
5.36determine the amount and type of agricultural pesticide annually distributed within the
6.1state or into the state. The information required must include the brand name, United States
6.2Environmental Protection Agency registration number, and amount of each agricultural
6.3pesticide sold, offered for sale, or otherwise distributed in the state or into the state.
6.4(i) A person who registers a pesticide with the commissioner under paragraph (b),
6.5or a registrant under paragraph (d), shall keep accurate records for five years detailing
6.6all distribution or sales transactions into the state or in the state and subject to a fee and
6.7surcharge under this section.
6.8(j) The records are subject to inspection, copying, and audit by the commissioner
6.9and must clearly demonstrate proof of payment of all applicable fees and surcharges
6.10for each registered pesticide product sold for use in this state. A person who is located
6.11outside of this state must maintain and make available records required by this subdivision
6.12in this state or pay all costs incurred by the commissioner in the inspecting, copying, or
6.13auditing of the records.
6.14(k) The commissioner may adopt by rule regulations that require persons subject
6.15to audit under this section to provide information determined by the commissioner to be
6.16necessary to enable the commissioner to perform the audit.
6.17 (l) A registrant who is required to pay more than the minimum fee for any pesticide
6.18under paragraph (b) must pay a late fee penalty of $100 for each pesticide application fee
6.19paid after March 1 in the year for which the license is to be issued.
6.20 Sec. 7. Minnesota Statutes 2012, section 18B.305, is amended to read:
6.2118B.305 PESTICIDE EDUCATION AND TRAINING.
6.22 Subdivision 1. Education and training. (a) The commissioner, as the lead agency,
6.23 shall develop, implement or approve, and evaluate, in
6.24University of Minnesota Extension Service, the Minnesota State Colleges and Universities
6.25system, and other educational institutions, innovative educational and training programs
6.26addressing pesticide concerns including:
6.27(1) water quality protection;
6.28(2) endangered species protection;
6.29(3) minimizing pesticide residues in food and water;
6.30(4) worker protection and applicator safety;
6.31(5) chronic toxicity;
6.32(6) integrated pest management and pest resistance;
6.33(7) pesticide disposal;
6.34(8) pesticide drift;
7.1(9) relevant laws including pesticide labels and labeling and state and federal rules
7.2and regulations; and
7.3(10) current science and technology updates.
7.4(b) The commissioner shall appoint educational planning committees which must
7.5include representatives of industry and applicators.
7.6(c) Specific current regulatory concerns must be discussed and, if appropriate,
7.7incorporated into each training session. Relevant changes to pesticide product labels or
7.8labeling or state and federal rules and regulations may be included.
7.9(d) The commissioner may approve programs from private industry, higher
7.10education institutions, and nonprofit organizations that meet minimum requirements for
7.11education, training, and certification.
7.12 Subd. 2. Training manual and examination development. The commissioner, in
7.13
7.14higher education institutions, shall continually revise and update pesticide applicator
7.15training manuals and examinations. The manuals and examinations must be written to meet
7.16or exceed the minimum standards required by the United States Environmental Protection
7.17Agency and pertinent state specific information. Questions in the examinations must be
7.18determined by the commissioner in consultation with other responsible agencies. Manuals
7.19and examinations must include pesticide management practices that discuss prevention of
7.20pesticide occurrence in
7.21 Sec. 8. Minnesota Statutes 2012, section 18B.316, subdivision 1, is amended to read:
7.22 Subdivision 1. Requirement. (a) A person must not
7.23an agricultural pesticide in the state or into the state without first obtaining an agricultural
7.24pesticide dealer license.
7.25(b) Each location or place of business from which an agricultural pesticide is
7.26
7.27separate agricultural pesticide dealer license.
7.28(c) A person who is a licensed pesticide dealer under section
7.29to also be licensed under this subdivision.
7.30 Sec. 9. Minnesota Statutes 2012, section 18B.316, subdivision 3, is amended to read:
7.31 Subd. 3. Resident agent. A person required to be licensed under subdivisions 1
7.32and 2, or a person licensed as a pesticide dealer pursuant to section
7.33operates from a location or place of business outside the state and who
8.1for sale or sells an agricultural pesticide into the state, must continuously maintain in
8.2this state the following:
8.3(1) a registered office; and
8.4(2) a registered agent, who may be either a resident of this state whose business
8.5office or residence is identical with the registered office under clause (1), a domestic
8.6corporation or limited liability company, or a foreign corporation of limited liability
8.7company authorized to transact business in this state and having a business office identical
8.8with the registered office.
8.9A person licensed under this section or section
8.10commissioner, either at the time of initial licensing or as part of license renewal, the name,
8.11address, telephone number, and e-mail address of the licensee's registered agent.
8.12For licensees under section
8.13the registered agent.
8.14 Sec. 10. Minnesota Statutes 2012, section 18B.316, subdivision 4, is amended to read:
8.15 Subd. 4. Responsibility. The resident agent is responsible for the acts of a licensed
8.16agricultural pesticide dealer, or of a licensed pesticide dealer under section
8.17operates from a location or place of business outside the state and who
8.18for sale or sells an agricultural pesticide into the state, as well as the acts of the employees
8.19of those licensees.
8.20 Sec. 11. Minnesota Statutes 2012, section 18B.316, subdivision 8, is amended to read:
8.21 Subd. 8. Report of sales and payment to commissioner. A person who is an
8.22agricultural pesticide dealer, or is a licensed pesticide dealer under section
8.23
8.24pesticide registrant pursuant to section
8.25later than January 31 of each year report and pay applicable fees on annual gross sales
8.26of agricultural pesticides to the commissioner pursuant to requirements under section
8.28 Sec. 12. Minnesota Statutes 2012, section 18B.316, subdivision 9, is amended to read:
8.29 Subd. 9. Application. (a) A person must apply to the commissioner for an
8.30agricultural pesticide dealer license on forms and in a manner approved by the
8.31commissioner.
8.32(b) The applicant must be the person in charge of each location or place of business
8.33from which agricultural pesticides are
9.1(c) The commissioner may require that the applicant provide information regarding
9.2the applicant's proposed operations and other information considered pertinent by the
9.3commissioner.
9.4(d) The commissioner may require additional demonstration of licensee qualification
9.5if the licensee has had a license suspended or revoked, or has otherwise had a history of
9.6violations in another state or violations of this chapter.
9.7(e) A licensed agricultural pesticide dealer who changes the dealer's address or place
9.8of business must immediately notify the commissioner of the change.
9.9(f) Beginning January 1, 2011, an application for renewal of an agricultural pesticide
9.10dealer license is complete only when a report and any applicable payment of fees under
9.11subdivision 8 are received by the commissioner.
9.12 Sec. 13. Minnesota Statutes 2012, section 18B.37, subdivision 4, is amended to read:
9.13 Subd. 4.
9.14dealer, agricultural pesticide dealer, or a commercial, noncommercial, or structural pest
9.15control
9.16and maintain
9.17
9.18respond to pesticide incidents. The plan must contain the same information as forms
9.19provided by the commissioner. The plan must be kept at a principal business site or location
9.20within this state and must be submitted to the commissioner upon request
9.21
9.22 Sec. 14. Minnesota Statutes 2012, section 31.94, is amended to read:
9.2331.94 COMMISSIONER DUTIES.
9.24(a) In order to promote opportunities for organic agriculture in Minnesota, the
9.25commissioner shall:
9.26(1) survey producers and support services and organizations to determine
9.27information and research needs in the area of organic agriculture practices;
9.28(2) work with the University of Minnesota to demonstrate the on-farm applicability
9.29of organic agriculture practices to conditions in this state;
9.30(3) direct the programs of the department so as to work toward the promotion of
9.31organic agriculture in this state;
9.32(4) inform agencies of how state or federal programs could utilize and support
9.33organic agriculture practices; and
10.1(5) work closely with producers, the University of Minnesota, the Minnesota Trade
10.2Office, and other appropriate organizations to identify opportunities and needs as well
10.3as ensure coordination and avoid duplication of state agency efforts regarding research,
10.4teaching, marketing, and extension work relating to organic agriculture.
10.5(b) By November 15 of each year that ends in a zero or a five, the commissioner,
10.6in conjunction with the task force created in paragraph (c), shall report on the status of
10.7organic agriculture in Minnesota to the legislative policy and finance committees and
10.8divisions with jurisdiction over agriculture. The report must include available data on
10.9organic acreage and production, available data on the sales or market performance of
10.10organic products, and recommendations regarding programs, policies, and research efforts
10.11that will benefit Minnesota's organic agriculture sector.
10.12(c) A Minnesota Organic Advisory Task Force shall advise the commissioner and the
10.13University of Minnesota on policies and programs that will improve organic agriculture in
10.14Minnesota, including how available resources can most effectively be used for outreach,
10.15education, research, and technical assistance that meet the needs of the organic agriculture
10.16community. The task force must consist of the following residents of the state:
10.17(1) three organic farmers
10.18(2) one wholesaler or distributor of organic products;
10.19(3) one representative of organic certification agencies;
10.20(4) two organic processors;
10.21(5) one representative from University of Minnesota Extension;
10.22(6) one University of Minnesota faculty member;
10.23(7) one representative from a nonprofit organization representing producers;
10.24(8) two public members;
10.25(9) one representative from the United States Department of Agriculture;
10.26(10) one retailer of organic products; and
10.27(11) one organic consumer representative.
10.28The commissioner, in consultation with the director of the Minnesota Agricultural
10.29Experiment Station; the dean and director of University of Minnesota Extension; and the
10.30dean of the College of Food, Agricultural and Natural Resource Sciences, shall appoint
10.31members to serve
10.32Compensation and removal of members are governed by section
10.336
10.34(d) For the purposes of expanding, improving, and developing production and
10.35marketing of the organic products of Minnesota agriculture, the commissioner may
10.36receive funds from state and federal sources and spend them, including through grants or
11.1contracts, to assist producers and processors to achieve certification, to conduct education
11.2or marketing activities, to enter into research and development partnerships, or to address
11.3production or marketing obstacles to the growth and well-being of the industry.
11.4(e) The commissioner may facilitate the registration of state organic production
11.5and handling operations including those exempt from organic certification according to
11.6Code of Federal Regulations, title 7, section 205.101, and certification agents operating
11.7within the state.
11.8 Sec. 15. Minnesota Statutes 2012, section 41A.105, subdivision 5, is amended to read:
11.9 Subd. 5. Expiration. This section expires June 30,
11.10 Sec. 16. Minnesota Statutes 2012, section 41A.12, subdivision 3, is amended to read:
11.11 Subd. 3. Oversight. The commissioner, in consultation with the chairs and ranking
11.12minority members of the house of representatives and senate committees with jurisdiction
11.13over agriculture finance, must allocate available funds among eligible uses, develop
11.14competitive eligibility criteria, and award funds on a needs basis. By February 1 each
11.15year, the commissioner shall report to the legislature on the allocation among eligible uses
11.16and any financial assistance provided under this section.
11.17 Sec. 17. Minnesota Statutes 2012, section 41A.12, is amended by adding a subdivision
11.18to read:
11.19 Subd. 3a. Grant awards. Grant projects may continue for up to three years.
11.20Multiyear projects must be reevaluated by the commissioner before second- and third-year
11.21funding is approved. A project is limited to one grant for its funding.
11.22 Sec. 18. Minnesota Statutes 2012, section 41B.04, subdivision 9, is amended to read:
11.23 Subd. 9. Restructured loan agreement. (a) For a deferred restructured loan, all
11.24payments on the primary and secondary principal, all payments of interest on the secondary
11.25principal, and an agreed portion of the interest payable to the eligible agricultural lender
11.26on the primary principal must be deferred to the end of the term of the loan.
11.27(b) Interest on secondary principal must accrue at a below market interest rate.
11.28(c) At the conclusion of the term of the restructured loan, the borrower owes primary
11.29principal, secondary principal, and deferred interest on primary and secondary principal.
11.30However, part of this balloon payment may be forgiven following an appraisal by the
11.31lender and the authority to determine the current market value of the real estate subject to
11.32the mortgage. If the current market value of the land after appraisal is less than the amount
12.1of debt owed by the borrower to the lender and authority on this obligation, that portion of
12.2the obligation that exceeds the current market value of the real property must be forgiven
12.3by the lender and the authority in the following order:
12.4(1) deferred interest on secondary principal;
12.5(2) secondary principal;
12.6(3) deferred interest on primary principal;
12.7(4) primary principal as provided in an agreement between the authority and the
12.8lender; and
12.9(5) accrued but not deferred interest on primary principal.
12.10(d) For an amortized restructured loan, payments must include installments on
12.11primary principal and interest on the primary principal. An amortized restructured loan
12.12must be amortized over a time period and upon terms to be established by the authority by
12.13rule.
12.14(e) A borrower may prepay the restructured loan, with all primary and secondary
12.15principal and interest and deferred interest at any time
12.16(f) The authority may not participate in refinancing a restructured loan at the
12.17conclusion of the restructured loan.
12.18 Sec. 19. Minnesota Statutes 2012, section 41D.01, subdivision 4, is amended to read:
12.19 Subd. 4. Expiration. This section expires on June 30,
12.20 Sec. 20. Minnesota Statutes 2012, section 116V.01, subdivision 2, is amended to read:
12.21 Subd. 2. Board of directors. (a) The board of directors of the Agricultural
12.22Utilization Research Institute is comprised of:
12.23(1) the chairs of the senate and the house of representatives standing committees
12.24with jurisdiction over agriculture finance or the chair's designee;
12.25(2) two representatives of statewide farm organizations;
12.26(3) two representatives of agribusiness; and
12.27(4)
12.28(b) A person who has been appointed pursuant to paragraph (a), clauses (2) to (4),
12.29and has served for four or more terms, shall not be reappointed to the board of directors.
12.30 Sec. 21. Minnesota Statutes 2012, section 223.17, is amended by adding a subdivision
12.31to read:
13.1 Subd. 7a. Bond requirements; claims. For entities licensed under this chapter
13.2and chapter 232, the bond requirements and claims against the bond are governed under
13.3section 232.22, subdivision 6a.
13.4 Sec. 22. Minnesota Statutes 2012, section 232.22, is amended by adding a subdivision
13.5to read:
13.6 Subd. 6a. Bond determinations. If a public grain warehouse operator is licensed
13.7under both this chapter and chapter 223, the warehouse shall have its bond determined
13.8by its gross annual grain purchase amount or its annual average grain storage value,
13.9whichever is greater. For those entities licensed under this chapter and chapter 223, the
13.10entire bond shall be available to any claims against the bond for claims filed under this
13.11chapter and chapter 223.
13.12 Sec. 23. Minnesota Statutes 2012, section 296A.01, subdivision 19, is amended to read:
13.13 Subd. 19. E85. "E85" means a petroleum product that is a blend of agriculturally
13.14derived denatured ethanol and gasoline or natural gasoline that
13.15than 85 percent ethanol by volume
13.16
13.17
13.18as defined in subdivision 5 must comply with ASTM specification
13.19EFFECTIVE DATE.This section is effective the day following final enactment.
13.20 Sec. 24. Minnesota Statutes 2012, section 583.215, is amended to read:
13.21583.215 EXPIRATION.
13.22 Sections
13.23to
13.24EFFECTIVE DATE.This section is effective the day following final enactment.
13.25 Sec. 25. WASTE PESTICIDE REPORTING; 2013, 2014, AND 2015.
13.26Notwithstanding the recording and reporting requirements of Minnesota Statutes,
13.27section 18B.065, subdivision 2a, paragraph (d), persons are not required to record or
13.28report agricultural or nonagricultural waste pesticide collected after the effective date of
13.29this section in 2013, 2014, and 2015. The commissioner shall analyze existing collection
13.30data to identify trends that will inform future collection strategies to better meet the needs
13.31and nature of current waste pesticide streams. By January 15, 2015, the commissioner
14.1shall report analysis, recommendations, and proposed policy changes to this program to
14.2legislative committees with jurisdiction over agriculture finance and policy.
14.3EFFECTIVE DATE.This section is effective the day following final enactment.
14.4 Sec. 26. UPDATE REQUIRED; REPORT.
14.5No later than December 31, 2017, the commissioner of agriculture must use
14.6existing pesticide regulatory account resources to update and modify applicator education
14.7and training materials as required in section 7. No later than January 15, 2015, the
14.8commissioner must report to the legislative committees and divisions with jurisdiction over
14.9agriculture policy and finance regarding the agency's progress and a schedule of additional
14.10activities the commissioner will accomplish to meet the December 31, 2017, deadline.
14.11 Sec. 27. REVISOR'S INSTRUCTION.
14.12The revisor of statutes shall renumber Minnesota Statutes, section 18B.01,
14.13subdivision 4a, as subdivision 4b and correct any cross-references.
14.14 Sec. 28. REPEALER.
14.15Minnesota Statutes 2012, section 18B.07, subdivision 6, is repealed.
14.18 Section 1. Minnesota Statutes 2012, section 41A.10, subdivision 2, is amended to read:
14.19 Subd. 2. Cellulosic biofuel production goal. The state cellulosic biofuel production
14.20goal is one-quarter of the total amount necessary for
14.21section
14.22attain a total annual production level of 60,000,000 gallons, whichever is first.
14.23 Sec. 2. Minnesota Statutes 2012, section 41A.10, is amended by adding a subdivision
14.24to read:
14.25 Subd. 3. Expiration. This section expires January 1, 2015.
14.26 Sec. 3. Minnesota Statutes 2012, section 41A.105, subdivision 1a, is amended to read:
14.27 Subd. 1a. Definitions. For the purpose of this section:
14.28 (1) "biobased chemical" means a polymer, monomer, chemical, plastic, or
14.29formulated product that is not sold primarily for the use as food, feed, or fuel and that has a
15.1biobased content percentage of at least 25 percent as determined by testing representative
15.2samples using American Society for Testing and Materials specification D6866;
15.3
15.4
15.5agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets;
15.6forest products; or other renewable resources, including residue and waste generated
15.7from the production, processing, and marketing of agricultural products, forest products,
15.8and other renewable resources.
15.9 Sec. 4. Minnesota Statutes 2012, section 41A.105, subdivision 3, is amended to read:
15.10 Subd. 3. Duties. The board shall research and report to the commissioner of
15.11agriculture and to the legislature recommendations as to how the state can invest its
15.12resources to most efficiently achieve energy independence, agricultural and natural
15.13resources sustainability, and rural economic vitality. The board shall:
15.14 (1) examine the future of fuels, such as synthetic gases, biobutanol, hydrogen,
15.15methanol, biodiesel, and ethanol within Minnesota;
15.16 (2) examine the opportunity for biobased chemical production by integrated
15.17biorefineries or stand-alone facilities that use agricultural and forestry feedstocks;
15.18
15.19
15.20providing incentives;
15.21
15.22work together and leverage resources;
15.23
15.24and
15.25
15.26as to appropriations and results of past actions and projects.
15.27 Sec. 5. Minnesota Statutes 2012, section 116J.437, subdivision 1, is amended to read:
15.28 Subdivision 1. Definitions. (a) For the purpose of this section, the following terms
15.29have the meanings given.
15.30(b) "Green economy" means products, processes, methods, technologies, or services
15.31intended to do one or more of the following:
15.32 (1) increase the use of energy from renewable sources, including through achieving
15.33the renewable energy standard established in section
16.1 (2) achieve the statewide energy-savings goal established in section
16.2including energy savings achieved by the conservation investment program under section
16.4 (3) achieve the greenhouse gas emission reduction goals of section
16.5subdivision 1, including through reduction of greenhouse gas emissions, as defined in
16.6section
16.7but not limited to, carbon capture, storage, or sequestration;
16.8 (4) monitor, protect, restore, and preserve the quality of surface waters, including
16.9actions to further the purposes of the Clean Water Legacy Act as provided in section
16.11 (5) expand the use of biofuels, including by expanding the feasibility or reducing the
16.12cost of producing biofuels or the types of equipment, machinery, and vehicles that can
16.13use biofuels, including activities to achieve the
16.14
16.15(6) increase the use of green chemistry, as defined in section
16.16For the purpose of clause (3), "green economy" includes strategies that reduce carbon
16.17emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass
16.18transit or otherwise reducing commuting for employees.
16.19 Sec. 6. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
16.20to read:
16.21 Subd. 1a. Advanced biofuel. "Advanced biofuel" has the meaning given in Public
16.22Law 110-140, title 2, subtitle A, section 201.
16.23 Sec. 7. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
16.24to read:
16.25 Subd. 5a. Biofuel. "Biofuel" means a renewable fuel with an approved pathway
16.26under authority of the federal Energy Policy Act of 2005, Public Law 109-58, as amended
16.27by the federal Energy Independence and Security Act of 2007, Public Law 110–140,
16.28and approved for sale by the United States Environmental Protection Agency. The term
16.29"biofuel" includes both advanced and conventional biofuels.
16.30 Sec. 8. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
16.31to read:
16.32 Subd. 7a. Conventional biofuel. "Conventional biofuel" means ethanol derived
16.33from cornstarch, as defined in Public Law 110-140, title 2, subtitle A, section 201.
17.1 Sec. 9. Minnesota Statutes 2012, section 239.761, subdivision 3, is amended to read:
17.2 Subd. 3. Gasoline. (a) Gasoline that is not blended with
17.3contaminated with water or other impurities and must comply with ASTM specification
17.4D4814-08b. Gasoline that is not blended with
17.5volatility requirements in Code of Federal Regulations, title 40, part 80.
17.6(b) After gasoline is sold, transferred, or otherwise removed from a refinery or
17.7terminal, a person responsible for the product:
17.8(1) may blend the gasoline with agriculturally derived ethanol as provided in
17.9subdivision 4;
17.10(2) shall not blend the gasoline with any oxygenate other than
17.11
17.12(3) shall not blend the gasoline with other petroleum products that are not gasoline
17.13or
17.14(4) shall not blend the gasoline with products commonly and commercially known
17.15as casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline, or
17.16natural gasoline; and
17.17(5) may blend the gasoline with a detergent additive, an antiknock additive, or an
17.18additive designed to replace tetra-ethyl lead, that is registered by the EPA.
17.19 Sec. 10. Minnesota Statutes 2012, section 239.791, subdivision 1, is amended to read:
17.20 Subdivision 1. Minimum
17.21in subdivisions 10 to 14, a person responsible for the product shall ensure that all gasoline
17.22sold or offered for sale in Minnesota must contain at least the quantity of
17.23 required by clause (1) or (2),
17.24for the product:
17.25(1) the greater of:
17.26(i) 10.0 percent
17.27
17.28authorized in a waiver granted by the United States Environmental Protection Agency; or
17.29(2) 10.0 percent of a biofuel, other than a conventional biofuel, by volume authorized
17.30in a waiver granted by the United States Environmental Protection Agency or a biofuel
17.31formulation registered by the United States Environmental Protection Agency under
17.32United States Code, title 42, section 7545.
17.33(b) For purposes of enforcing the
17.34clause (1), item (i), a
17.35compliance if the
18.1components, comprises not less than 9.2 percent by volume and not more than 10.0 percent
18.2by volume of the blend as determined by an appropriate United States Environmental
18.3Protection Agency or American Society of Testing Materials standard method of analysis
18.4
18.5(c)
18.6
18.7pursuant to this subdivision may be any biofuel; however, conventional biofuel must
18.8comprise no less than the portion specified on and after the specified dates:
18.9 |
(1) |
July 1, 2013 |
90 percent |
18.10 |
(2) |
January 1, 2015 |
80 percent |
18.11 |
(3) |
January 1, 2017 |
70 percent |
18.12 |
(4) |
January 1, 2020 |
60 percent |
18.13 |
(5) |
January 1, 2025 |
no minimum |
18.14 Sec. 11. Minnesota Statutes 2012, section 239.791, subdivision 2a, is amended to read:
18.15 Subd. 2a. Federal Clean Air Act waivers; conditions. (a) Before a waiver granted
18.16by the United States Environmental Protection Agency under
18.17
18.18 may alter the minimum content level required by subdivision 1, paragraph (a), clause
18.19
18.20(1) apply to all gasoline-powered motor vehicles irrespective of model year; and
18.21(2) allow for special regulatory treatment of Reid vapor pressure under Code of
18.22Federal Regulations, title 40, section
18.23ethanol up to the maximum percent of denatured ethanol by volume authorized under
18.24the waiver.
18.25(b) The minimum
18.26
18.27federal waiver, be effective the day after the commissioner of commerce publishes notice
18.28in the State Register. In making this determination, the commissioner shall consider the
18.29amount of time required by refiners, retailers, pipeline and distribution terminal companies,
18.30and other fuel suppliers, acting expeditiously, to make the operational and logistical changes
18.31required to supply fuel in compliance with the minimum
18.32 Sec. 12. Minnesota Statutes 2012, section 239.791, subdivision 2b, is amended to read:
18.33 Subd. 2b. Limited liability waiver. No motor fuel shall be deemed to be a defective
18.34product by virtue of the fact that the motor fuel is formulated or blended pursuant to
18.35the requirements of subdivision 1, paragraph (a), clause
19.1(ii), under any theory of liability except for simple or willful negligence or fraud. This
19.2subdivision does not preclude an action for negligent, fraudulent, or willful acts. This
19.3subdivision does not affect a person whose liability arises under chapter 115, water
19.4pollution control; 115A, waste management; 115B, environmental response and liability;
19.5115C, leaking underground storage tanks; or 299J, pipeline safety; under public nuisance
19.6law for damage to the environment or the public health; under any other environmental or
19.7public health law; or under any environmental or public health ordinance or program of a
19.8municipality as defined in section
19.9 Sec. 13. Minnesota Statutes 2012, section 239.7911, is amended to read:
19.10239.7911 PETROLEUM REPLACEMENT PROMOTION.
19.11 Subdivision 1. Petroleum replacement goal. The tiered petroleum replacement
19.12goal of the state of Minnesota is that biofuel comprises at least the specified portion of
19.13total gasoline sold or offered for sale in this state by each specified year:
19.14
19.15
19.16
19.17
19.18 |
(1) |
2015 |
14 percent |
|
19.19 |
(2) |
2017 |
18 percent |
|
19.20 |
(3) |
2020 |
25 percent |
|
19.21 |
(4) |
2025 |
30 percent |
19.23in consultation with the commissioners of commerce and the Pollution Control Agency,
19.24shall identify and implement activities necessary
19.25
19.262005, and continuing through 2015, the commissioners, or their designees, shall work with
19.27representatives from the renewable fuels industry, petroleum retailers, refiners, automakers,
19.28small engine manufacturers, and other interested groups
19.29the commissioners in carrying out the activities in paragraph (b) and eliminating barriers to
19.30the use of greater biofuel blends in this state. The representatives must coordinate efforts
19.31with the NextGen Energy Board, the biodiesel task force, and the Renewable Energy
19.32Roundtable and develop annual recommendations for administrative and legislative action.
19.33 (b) The activities of the commissioners under this subdivision shall include, but not
19.34be limited to:
20.1 (1) developing recommendations for specific, cost-effective incentives necessary
20.2to expedite the use of greater biofuel blends in this state including, but not limited to,
20.3incentives for retailers to install equipment necessary
20.4liquid fuels to the public;
20.5 (2) expanding the renewable-fuel options available to Minnesota consumers by
20.6obtaining federal approval for the use of
20.7percentage of
20.8 (3) developing recommendations
20.9small engine equipment have access to an adequate supply of fuel;
20.10 (4) working with the owners and operators of large corporate automotive fleets in the
20.11state to increase their use of renewable fuels;
20.12 (5) working to maintain an affordable retail price for liquid fuels;
20.13 (6) facilitating the production and use of advanced biofuels in this state; and
20.14 (7) developing procedures for reporting the amount and type of biofuel under
20.15subdivision 1, and section 239.791, subdivision 1, paragraph (c).
20.16 Sec. 14. Minnesota Statutes 2012, section 296A.01, is amended by adding a
20.17subdivision to read:
20.18 Subd. 8b. Biobutanol. "Biobutanol" means isobutyl alcohol produced by
20.19fermenting agriculturally generated organic material that is to be blended with gasoline,
20.20and meets either:
20.21 (1) the initial ASTM Standard Specification for Butanol for Blending with Gasoline
20.22for use as an Automotive Spark-Ignition Engine Fuel once it has been released by ASTM
20.23for general distribution; or
20.24 (2) in the absence of an ASTM Standard Specification, the following list of
20.25requirements:
20.26 (i) visually free of sediment and suspended matter;
20.27 (ii) clear and bright at the ambient temperature of 21 degrees Celsius or the ambient
20.28temperature, whichever is higher;
20.29 (iii) free of any adulterant or contaminant that can render it unacceptable for its
20.30commonly used applications;
20.31 (iv) contains not less than 96 volume percent isobutyl alcohol;
20.32 (v) contains not more than 0.4 volume percent methanol;
20.33 (vi) contains not more than 1.0 volume percent water as determined by ASTM
20.34standard test method E203 or E1064;
21.1 (vii) acidity (as acetic acid) of not more than 0.007 mass percent as determined
21.2by ASTM standard test method D1613;
21.3 (viii) solvent washed gum content of not more than 5.0 milligrams per 100 milliliters
21.4as determined by ASTM standard test method D381;
21.5 (ix) sulfur content of not more than 30 parts per million as determined by ASTM
21.6standard test method D2622 or D5453; and
21.7 (x) contains not more than 4 parts per million total inorganic sulfate.
21.8 Sec. 15. REPEALER.
21.9Minnesota Statutes 2012, section 239.791, subdivision 1a, is repealed.
21.12 Section 1. Minnesota Statutes 2012, section 18.77, subdivision 3, is amended to read:
21.13 Subd. 3. Control. "Control" means to
21.14
21.15parts of noxious weeds from one area to another by a lawful method that does not cause
21.16unreasonable adverse effects on the environment as defined in section
21.1731
21.18
21.19 Sec. 2. Minnesota Statutes 2012, section 18.77, subdivision 4, is amended to read:
21.20 Subd. 4. Eradicate. "Eradicate" means to destroy the aboveground
21.21
21.22the maturation and spread of noxious weed propagating parts from one area to another.
21.23 Sec. 3. Minnesota Statutes 2012, section 18.77, subdivision 10, is amended to read:
21.24 Subd. 10. Permanent pasture, hay meadow, woodlot,
21.25area. "Permanent pasture, hay meadow, woodlot,
21.26area of predominantly native or seeded perennial plants that can be used for grazing or hay
21.27purposes but is not harvested on a regular basis and is not considered to be a growing crop.
21.28 Sec. 4. Minnesota Statutes 2012, section 18.77, subdivision 12, is amended to read:
21.29 Subd. 12. Propagating parts. "Propagating parts" means all plant parts, including
21.30seeds, that are capable of producing new plants.
22.1 Sec. 5. [18.771] NOXIOUS WEED CATEGORIES.
22.2(a) For purposes of designation under section 18.79, subdivision 13, noxious weed
22.3category means each of the following categories.
22.4(b) "Prohibited noxious weed" includes noxious weeds that must be controlled or
22.5eradicated on all lands within the state. Transportation of a prohibited noxious weed's
22.6propagating parts shall be restricted by permit except as allowed by section 18.82.
22.7Prohibited noxious weeds cannot be sold or propagated in Minnesota. There are two
22.8regulatory listings for prohibited noxious weeds in Minnesota:
22.9(1) The "Noxious Weed Eradicate List" is established. Prohibited noxious weeds
22.10placed on the Noxious Weed Eradicate List are plants that are not currently known to be
22.11present in Minnesota or are not widely established. These species must be eradicated.
22.12(2) The "Noxious Weed Control List" is established. Prohibited noxious weeds
22.13placed on the Noxious Weed Control List are plants that are already established throughout
22.14Minnesota or regions of the state. Species on this list must at least be controlled.
22.15(c) "Restricted noxious weeds" includes noxious weeds that are widely distributed
22.16in Minnesota, but whose only feasible means of control is to prevent their spread by
22.17prohibiting the importation, sale, and transportation of their propagating parts in the state
22.18except as allowed by section 18.82.
22.19(d) "Specially regulated plants" includes noxious weeds that may be native
22.20species or have demonstrated economic value, but also have the potential to cause harm
22.21in noncontrolled environments. Plants designated as specially regulated have been
22.22determined to pose ecological, economical, or human or animal health concerns. Species
22.23specific management plans or rules that define the use and management requirements
22.24for these plants must be developed by the commissioner of agriculture for each plant
22.25designated as specially regulated. The commissioner must also take measures to minimize
22.26the potential for harm caused by these plants.
22.27(e) "County noxious weeds" includes noxious weeds that are designated by
22.28individual county boards to be enforced as prohibited noxious weeds within the county's
22.29jurisdiction and must be approved by the commissioner of agriculture, in consultation with
22.30the Noxious Weed Advisory Committee. Each county board must submit newly proposed
22.31county noxious weeds to the commissioner of agriculture for review. Approved county
22.32noxious weeds shall also be posted with the county's general weed notice prior to May 15
22.33each year. Counties are solely responsible for developing county noxious weed lists and
22.34their enforcement.
22.35 Sec. 6. Minnesota Statutes 2012, section 18.78, subdivision 3, is amended to read:
23.1 Subd. 3.
23.2or county agricultural inspector or county-designated employee may enter into a
23.3
23.4group to establish a mutually agreed-upon noxious weed management plan for up to
23.5three years duration, whereby a noxious weed problem will be controlled without
23.6additional enforcement action. If a property owner fails to comply with the noxious weed
23.7management plan, an individual notice may be served.
23.8 Sec. 7. Minnesota Statutes 2012, section 18.79, subdivision 6, is amended to read:
23.9 Subd. 6. Training for control or eradication of noxious weeds. The commissioner
23.10shall conduct initial training considered necessary for inspectors and county-designated
23.11employees in the enforcement of the Minnesota Noxious Weed Law. The director of
23.12the Minnesota Extension
23.13public that will aid compliance with the Minnesota Noxious Weed Law. Upon request,
23.14the commissioner may provide information and other technical assistance to the county
23.15agricultural inspector or county-designated employee to aid in the performance of
23.16responsibilities specified by the county board under section
23.17 Sec. 8. Minnesota Statutes 2012, section 18.79, subdivision 13, is amended to read:
23.18 Subd. 13. Noxious weed designation. The commissioner, in consultation with the
23.19Noxious Weed Advisory Committee, shall determine which plants are noxious weeds
23.20subject to
23.21prepare, publish, and revise as necessary, but at least once every three years, a list of
23.22noxious weeds and their designated classification. The list must be distributed to the public
23.23by the commissioner who may request the help of the University of Minnesota Extension,
23.24the county agricultural inspectors, and any other organization the commissioner considers
23.25appropriate to assist in the distribution. The commissioner may, in consultation with
23.26the Noxious Weed Advisory Committee, accept and consider noxious weed designation
23.27petitions from Minnesota citizens or Minnesota organizations or associations.
23.28 Sec. 9. Minnesota Statutes 2012, section 18.82, subdivision 1, is amended to read:
23.29 Subdivision 1. Permits. Except as provided in section
23.30transport along a public highway materials or equipment containing the propagating
23.31parts of weeds designated as noxious by the commissioner, the person must secure a
23.32written permit for transportation of the material or equipment from an inspector or
23.33county-designated employee. Inspectors or county-designated employees may issue
24.1permits to persons residing or operating within their jurisdiction.
24.2
24.3
24.4noxious weeds for the purpose of destroying propagating parts at a Department of
24.5Agriculture-approved disposal site. Anyone transporting noxious weed propagating parts
24.6for the purpose of disposal at an approved site shall ensure that all materials are contained
24.7in a manner that prevents escape during transport.
24.8 Sec. 10. Minnesota Statutes 2012, section 18.91, subdivision 1, is amended to read:
24.9 Subdivision 1. Duties. The commissioner shall consult with the Noxious Weed
24.10Advisory Committee to advise the commissioner concerning responsibilities under
24.11the noxious weed control program. The committee shall
24.12invasiveness, difficulty of control, cost of control, benefits, and amount of injury caused
24.13by them. For each species evaluated, the committee shall recommend to the commissioner
24.14on which noxious weed list or lists, if any, the species should be placed. Species
24.15 designated as prohibited or restricted noxious weeds or specially regulated plants must
24.16be reevaluated every three years for a recommendation on whether or not they need to
24.17remain on the noxious weed lists. The committee shall also advise the commissioner on
24.18the implementation of the Minnesota Noxious Weed Law and assist the commissioner in
24.19the development of management criteria for each noxious weed category. Members of
24.20the committee are not entitled to reimbursement of expenses nor payment of per diem.
24.21Members shall serve two-year terms with subsequent reappointment by the commissioner.
24.22 Sec. 11. Minnesota Statutes 2012, section 18.91, subdivision 2, is amended to read:
24.23 Subd. 2. Membership. The commissioner shall appoint members, which shall
24.24include representatives from the following:
24.25(1) horticultural science, agronomy, and forestry at the University of Minnesota;
24.26(2) the nursery and landscape industry in Minnesota;
24.27(3) the seed industry in Minnesota;
24.28(4) the Department of Agriculture;
24.29(5) the Department of Natural Resources;
24.30(6) a conservation organization;
24.31(7) an environmental organization;
24.32(8) at least two farm organizations;
24.33(9) the county agricultural inspectors;
24.34(10) city, township, and county governments;
25.1(11) the Department of Transportation;
25.2(12) the University of Minnesota Extension;
25.3(13) the timber and forestry industry in Minnesota;
25.4(14) the Board of Water and Soil Resources;
25.5(15) soil and water conservation districts
25.6(16) Minnesota Association of County Land Commissioners; and
25.7(17) members as needed.
25.8 Sec. 12. REPEALER.
25.9Minnesota Statutes 2012, section 18.91, subdivisions 3 and 5, are repealed.