Bill Text: MN SF1373 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Minnesota agricultural water quality certification pilot program establishment
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2013-04-02 - Comm report: To pass and re-referred to Finance [SF1373 Detail]
Download: Minnesota-2013-SF1373-Engrossed.html
1.2relating to agriculture; establishing the Minnesota agricultural water quality
1.3certification pilot program; requiring reports;amending Minnesota Statutes
1.42012, section 13.6435, by adding a subdivision; proposing coding for new law in
1.5Minnesota Statutes, chapter 17.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 13.6435, is amended by adding a
1.8subdivision to read:
1.9 Subd. 14. Agricultural water quality certification pilot program. Data on
1.10persons certified under the agricultural water quality certification pilot program is
1.11governed by section 17.9899.
1.12 Sec. 2. [17.9891] PURPOSE.
1.13The commissioner, in consultation with the commissioners of the Pollution Control
1.14Agency and Department of Natural Resources, and the Board of Water and Soil Resources
1.15may implement a Minnesota agricultural water quality certification pilot program whereby
1.16once a producer demonstrates practices and management sufficient to protect and enhance
1.17water quality, the producer is exempt from having to comply with new state agency
1.18rules affecting agricultural or land management practices that could affect water quality
1.19for up to ten years. The program is voluntary. The program shall be piloted in selected
1.20watersheds across the state.
1.21 Sec. 3. [17.9892] DEFINITIONS.
1.22 Subdivision 1. Application. The definitions in this section apply to sections
1.2317.9891 to 17.992.
2.1 Subd. 2. Technical assistance. "Technical assistance" means professional, advisory,
2.2or cost-share assistance provided to individuals that is designed to achieve Minnesota
2.3agricultural water quality program certification.
2.4 Subd. 3. Certifying agent. "Certifying agent" means a person who is authorized
2.5by the commissioner to assess producers to determine whether a producer satisfies the
2.6standards of the Minnesota agricultural water quality certification pilot program.
2.7 Subd. 4. Certification. "Certification" means a producer has demonstrated
2.8compliance with all applicable environmental rules and statutes for all of the producer's
2.9owned and rented agricultural land, and has achieved a satisfactory score through the
2.10certification instrument and has been verified by a certifying agent.
2.11 Subd. 5. Eligible land. "Eligible land" means all acres of an agricultural operation
2.12of a producer, whether or not contiguous, that are under the effective control of the
2.13producer at the time the producer enters into the certification program, and are operated
2.14by the producer with equipment, labor, and management.
2.15 Subd. 6. Effective control. "Effective control" means possession of the land
2.16by ownership, written lease, or other legal agreement and authority to act as decision
2.17maker for the day-to-day management of the operation at the time the producer achieves
2.18certification and for the required period of the certification.
2.19 Subd. 7. Program. "Program" means the Minnesota agricultural water quality pilot
2.20program established in sections 17.9891 to 17.992.
2.21 Sec. 4. [17.9893] CERTIFICATION INSTRUMENT.
2.22The commissioner, in consultation with the commissioners of the Pollution Control
2.23Agency and Department of Natural Resources, and the Board of Water and Soil Resources,
2.24shall develop an analytical instrument to assess the land and water quality practices and
2.25land and water management of agricultural operations. This instrument shall be used to
2.26certify the water quality practices and water management of an agricultural operation are
2.27consistent with state water quality goals and standards. The commissioner shall define a
2.28satisfactory score for certification purposes. The certification instrument tool shall:
2.29(1) integrate applicable existing regulatory requirements;
2.30(2) utilize technology and prioritize ease of use;
2.31(3) utilize a water quality index or score applicable to the landscape;
2.32(4) incorporate a process for updates and revisions as land and water quality
2.33practices, land and water management, and technology changes become established and
2.34approved; and
2.35(5) comprehensively address water quality impacts.
3.1 Sec. 5. [17.9894] LICENSE.
3.2 Subdivision 1. License. Any person who offers certification services to producers
3.3as part of this program must satisfy all criteria in subdivision 2 and be licensed by
3.4the commissioner. A certifying agent is ineligible to provide certification services to
3.5any producer to whom the certifying agent has also provided technical assistance. The
3.6commissioner may set fees for the license.
3.7 Subd. 2. Certifying agent requirements. In order to be licensed as a certifying
3.8agent, a person must:
3.9(1) be an agricultural conservation professional employed by the state of Minnesota,
3.10a Soil and Water Conservation District, the Natural Resources Conservation Service, or be
3.11a Minnesota certified crop advisor as recognized by the American Society of Agronomy;
3.12(2) have passed a comprehensive exam, as established by the commissioner,
3.13evaluating the person's knowledge of water quality, soil health, best farm management
3.14techniques, and the certification instrument; and
3.15(3) maintain continuing education requirements as established by the commissioner.
3.16 Sec. 6. [17.9895] DUTIES OF A CERTIFYING AGENT.
3.17 Subdivision 1. Duties of certifying agent. A certifying agent shall conduct formal
3.18certification assessment utilizing the certification instrument to determine whether a
3.19producer meets the criteria set forth in the program. If a producer satisfies all requirements,
3.20the certifying agent shall notify the commissioner of the producer's eligibility and request
3.21that the state issue a certificate. All records and documents used in the assessment shall be
3.22compiled by the certifying agent and submitted to the commissioner.
3.23 Subd. 2. Violations. In the event a certifying agent violates any provision of this
3.24chapter or an order of the commissioner, the commissioner may issue a written warning,
3.25or a correction order, and may suspend or revoke a license. If a license or certificate is
3.26suspended or revoked, the certifying agent has ten days from the suspension or revocation
3.27to appeal. If a certifying agent appeals, the commissioner shall hold an administrative
3.28hearing within 30 days of the suspension or revocation of the license, or longer by
3.29agreement of the parties, to determine whether the license is revoked or suspended. The
3.30commissioner shall issue an opinion within 30 days of the hearing. If a person notifies the
3.31commissioner that the person intends to contest the commissioner's opinion, the Office of
3.32Administrative Hearings shall conduct a hearing in accordance with applicable provisions
3.33of chapter 14 for hearings in contested cases.
3.34 Sec. 7. [17.9896] CERTIFICATION PROCEDURES.
4.1A producer who seeks certification of eligible land shall conduct an initial
4.2assessment using the certification instrument, obtain technical assistance, if necessary,
4.3to achieve a satisfactory score on the certification instrument, and apply for certification
4.4from a licensed certifying agent. A certification is valid for up to ten years, as long as
4.5the producer maintains compliance with original certification practices. Once certified,
4.6if a producer obtains effective control in additional agricultural land, the producer must
4.7notify a certifying agent and obtain certification on the additional land within one year in
4.8order to maintain the producer's original certification. The commissioner may revoke a
4.9certification if the producer fails to obtain certification within one year on any additional
4.10land for which the producer obtains effective control. The commissioner may revoke
4.11a certification and seek reimbursement of any monetary benefit a producer may have
4.12received due to certification from a producer who fails to maintain certification criteria.
4.13The commissioner shall use the hearing and contested case process outlined in section
4.1417.9895, subdivision 2, to revoke certification of a producer.
4.15 Sec. 8. [17.9897] CERTIFICATION CERTAINTY.
4.16Once a producer is certified, the producer:
4.17(1) is exempt from any new state agency rules pertaining to water quality protection
4.18for up to ten years from the date of certification, unless required by the legislature or by
4.19the federal government;
4.20(2) is considered to be meeting the producer's contributions to any targeted
4.21reductions of pollutants during the period of certification;
4.22(3) is required to continue implementation of practices that maintain the producer's
4.23certification; and
4.24(4) is required to retain all records pertaining to certification.
4.25 Sec. 9. [17.9898] AUDITS.
4.26The commissioner shall perform random audits of the producers and certifying
4.27agents to ensure compliance with the program. All producers and certifying agents shall
4.28cooperate with the commissioner during these audits, and provide all relevant documents
4.29to the commissioner for inspection and copying. Any delay, obstruction, or refusal to
4.30cooperate with the commissioner's audit, or falsification of or failure to provide required
4.31data or information, is a violation subject to the provisions of section 17.9895, subdivision
4.322, or 17.9896.
4.33 Sec. 10. [17.9899] DATA PRIVACY.
5.1All data collected under this program that identifies the producer or the producer's
5.2location shall be considered nonpublic data as defined in section 13.02, subdivision 9, or
5.3private data on individuals as defined in section 13.02, subdivision 12. The commissioner
5.4shall make available summary data of program outcomes.
5.5 Sec. 11. [17.991] REPORTS.
5.6The commissioner, in consultation with commissioners of the Pollution Control
5.7Agency and Department of Natural Resources, and the Board of Water and Soil Resources,
5.8shall issue a biennial report by January 15 of each odd-numbered year, to the chairs and
5.9ranking minority members of the legislative committees with jurisdiction over agricultural
5.10policy and finance on the status of the program, including any recommendations on
5.11expanding the program.
5.12 Sec. 12. [17.992] FINANCIAL ASSISTANCE.
5.13The commissioner may use contributions from gifts or other state accounts, provided
5.14that the purposes of the expenditures are consistent with the purpose of the accounts, for
5.15grants, loans, or other financial assistance to producers becoming certified in the program.
1.3certification pilot program; requiring reports;amending Minnesota Statutes
1.42012, section 13.6435, by adding a subdivision; proposing coding for new law in
1.5Minnesota Statutes, chapter 17.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 13.6435, is amended by adding a
1.8subdivision to read:
1.9 Subd. 14. Agricultural water quality certification pilot program. Data on
1.10persons certified under the agricultural water quality certification pilot program is
1.11governed by section 17.9899.
1.12 Sec. 2. [17.9891] PURPOSE.
1.13The commissioner, in consultation with the commissioners of the Pollution Control
1.14Agency and Department of Natural Resources, and the Board of Water and Soil Resources
1.15may implement a Minnesota agricultural water quality certification pilot program whereby
1.16once a producer demonstrates practices and management sufficient to protect and enhance
1.17water quality, the producer is exempt from having to comply with new state agency
1.18rules affecting agricultural or land management practices that could affect water quality
1.19for up to ten years. The program is voluntary. The program shall be piloted in selected
1.20watersheds across the state.
1.21 Sec. 3. [17.9892] DEFINITIONS.
1.22 Subdivision 1. Application. The definitions in this section apply to sections
1.2317.9891 to 17.992.
2.1 Subd. 2. Technical assistance. "Technical assistance" means professional, advisory,
2.2or cost-share assistance provided to individuals that is designed to achieve Minnesota
2.3agricultural water quality program certification.
2.4 Subd. 3. Certifying agent. "Certifying agent" means a person who is authorized
2.5by the commissioner to assess producers to determine whether a producer satisfies the
2.6standards of the Minnesota agricultural water quality certification pilot program.
2.7 Subd. 4. Certification. "Certification" means a producer has demonstrated
2.8compliance with all applicable environmental rules and statutes for all of the producer's
2.9owned and rented agricultural land, and has achieved a satisfactory score through the
2.10certification instrument and has been verified by a certifying agent.
2.11 Subd. 5. Eligible land. "Eligible land" means all acres of an agricultural operation
2.12of a producer, whether or not contiguous, that are under the effective control of the
2.13producer at the time the producer enters into the certification program, and are operated
2.14by the producer with equipment, labor, and management.
2.15 Subd. 6. Effective control. "Effective control" means possession of the land
2.16by ownership, written lease, or other legal agreement and authority to act as decision
2.17maker for the day-to-day management of the operation at the time the producer achieves
2.18certification and for the required period of the certification.
2.19 Subd. 7. Program. "Program" means the Minnesota agricultural water quality pilot
2.20program established in sections 17.9891 to 17.992.
2.21 Sec. 4. [17.9893] CERTIFICATION INSTRUMENT.
2.22The commissioner, in consultation with the commissioners of the Pollution Control
2.23Agency and Department of Natural Resources, and the Board of Water and Soil Resources,
2.24shall develop an analytical instrument to assess the land and water quality practices and
2.25land and water management of agricultural operations. This instrument shall be used to
2.26certify the water quality practices and water management of an agricultural operation are
2.27consistent with state water quality goals and standards. The commissioner shall define a
2.28satisfactory score for certification purposes. The certification instrument tool shall:
2.29(1) integrate applicable existing regulatory requirements;
2.30(2) utilize technology and prioritize ease of use;
2.31(3) utilize a water quality index or score applicable to the landscape;
2.32(4) incorporate a process for updates and revisions as land and water quality
2.33practices, land and water management, and technology changes become established and
2.34approved; and
2.35(5) comprehensively address water quality impacts.
3.1 Sec. 5. [17.9894] LICENSE.
3.2 Subdivision 1. License. Any person who offers certification services to producers
3.3as part of this program must satisfy all criteria in subdivision 2 and be licensed by
3.4the commissioner. A certifying agent is ineligible to provide certification services to
3.5any producer to whom the certifying agent has also provided technical assistance. The
3.6commissioner may set fees for the license.
3.7 Subd. 2. Certifying agent requirements. In order to be licensed as a certifying
3.8agent, a person must:
3.9(1) be an agricultural conservation professional employed by the state of Minnesota,
3.10a Soil and Water Conservation District, the Natural Resources Conservation Service, or be
3.11a Minnesota certified crop advisor as recognized by the American Society of Agronomy;
3.12(2) have passed a comprehensive exam, as established by the commissioner,
3.13evaluating the person's knowledge of water quality, soil health, best farm management
3.14techniques, and the certification instrument; and
3.15(3) maintain continuing education requirements as established by the commissioner.
3.16 Sec. 6. [17.9895] DUTIES OF A CERTIFYING AGENT.
3.17 Subdivision 1. Duties of certifying agent. A certifying agent shall conduct formal
3.18certification assessment utilizing the certification instrument to determine whether a
3.19producer meets the criteria set forth in the program. If a producer satisfies all requirements,
3.20the certifying agent shall notify the commissioner of the producer's eligibility and request
3.21that the state issue a certificate. All records and documents used in the assessment shall be
3.22compiled by the certifying agent and submitted to the commissioner.
3.23 Subd. 2. Violations. In the event a certifying agent violates any provision of this
3.24chapter or an order of the commissioner, the commissioner may issue a written warning,
3.25or a correction order, and may suspend or revoke a license. If a license or certificate is
3.26suspended or revoked, the certifying agent has ten days from the suspension or revocation
3.27to appeal. If a certifying agent appeals, the commissioner shall hold an administrative
3.28hearing within 30 days of the suspension or revocation of the license, or longer by
3.29agreement of the parties, to determine whether the license is revoked or suspended. The
3.30commissioner shall issue an opinion within 30 days of the hearing. If a person notifies the
3.31commissioner that the person intends to contest the commissioner's opinion, the Office of
3.32Administrative Hearings shall conduct a hearing in accordance with applicable provisions
3.33of chapter 14 for hearings in contested cases.
3.34 Sec. 7. [17.9896] CERTIFICATION PROCEDURES.
4.1A producer who seeks certification of eligible land shall conduct an initial
4.2assessment using the certification instrument, obtain technical assistance, if necessary,
4.3to achieve a satisfactory score on the certification instrument, and apply for certification
4.4from a licensed certifying agent. A certification is valid for up to ten years, as long as
4.5the producer maintains compliance with original certification practices. Once certified,
4.6if a producer obtains effective control in additional agricultural land, the producer must
4.7notify a certifying agent and obtain certification on the additional land within one year in
4.8order to maintain the producer's original certification. The commissioner may revoke a
4.9certification if the producer fails to obtain certification within one year on any additional
4.10land for which the producer obtains effective control. The commissioner may revoke
4.11a certification and seek reimbursement of any monetary benefit a producer may have
4.12received due to certification from a producer who fails to maintain certification criteria.
4.13The commissioner shall use the hearing and contested case process outlined in section
4.1417.9895, subdivision 2, to revoke certification of a producer.
4.15 Sec. 8. [17.9897] CERTIFICATION CERTAINTY.
4.16Once a producer is certified, the producer:
4.17(1) is exempt from any new state agency rules pertaining to water quality protection
4.18for up to ten years from the date of certification, unless required by the legislature or by
4.19the federal government;
4.20(2) is considered to be meeting the producer's contributions to any targeted
4.21reductions of pollutants during the period of certification;
4.22(3) is required to continue implementation of practices that maintain the producer's
4.23certification; and
4.24(4) is required to retain all records pertaining to certification.
4.25 Sec. 9. [17.9898] AUDITS.
4.26The commissioner shall perform random audits of the producers and certifying
4.27agents to ensure compliance with the program. All producers and certifying agents shall
4.28cooperate with the commissioner during these audits, and provide all relevant documents
4.29to the commissioner for inspection and copying. Any delay, obstruction, or refusal to
4.30cooperate with the commissioner's audit, or falsification of or failure to provide required
4.31data or information, is a violation subject to the provisions of section 17.9895, subdivision
4.322, or 17.9896.
4.33 Sec. 10. [17.9899] DATA PRIVACY.
5.1All data collected under this program that identifies the producer or the producer's
5.2location shall be considered nonpublic data as defined in section 13.02, subdivision 9, or
5.3private data on individuals as defined in section 13.02, subdivision 12. The commissioner
5.4shall make available summary data of program outcomes.
5.5 Sec. 11. [17.991] REPORTS.
5.6The commissioner, in consultation with commissioners of the Pollution Control
5.7Agency and Department of Natural Resources, and the Board of Water and Soil Resources,
5.8shall issue a biennial report by January 15 of each odd-numbered year, to the chairs and
5.9ranking minority members of the legislative committees with jurisdiction over agricultural
5.10policy and finance on the status of the program, including any recommendations on
5.11expanding the program.
5.12 Sec. 12. [17.992] FINANCIAL ASSISTANCE.
5.13The commissioner may use contributions from gifts or other state accounts, provided
5.14that the purposes of the expenditures are consistent with the purpose of the accounts, for
5.15grants, loans, or other financial assistance to producers becoming certified in the program.
