Bill Text: MN HF1071 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Omnibus agriculture policy bill.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-18 - Committee report, to pass and re-refer to Environment, Natural Resources and Agriculture Finance [HF1071 Detail]
Download: Minnesota-2013-HF1071-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;
1.6modifying provisions related to biofuel; directing the NextGen Energy Board to
1.7examine biobased chemical production from agricultural and forestry feedstocks;
1.8modifying noxious weed law; modifying definition of E85; amending Minnesota
1.9Statutes 2012, sections 17.118, subdivision 2; 18.77, subdivisions 3, 4, 10, 12;
1.1018.78, subdivision 3; 18.79, subdivisions 6, 13; 18.82, subdivision 1; 18.91,
1.11subdivisions 1, 2; 18B.01, by adding a subdivision; 18B.065, subdivision 2a;
1.1218B.07, subdivisions 4, 5, 7; 18B.26, subdivision 3; 18B.316, subdivisions 1,
1.133, 4, 8, 9; 18B.37, subdivision 4; 31.94; 41A.10, subdivision 2, by adding a
1.14subdivision; 41A.105, subdivisions 1a, 3, 5; 41A.12, by adding a subdivision;
1.1541B.04, subdivision 9; 116J.437, subdivision 1; 223.17, by adding a subdivision;
1.16232.22, by adding a subdivision; 239.051, by adding subdivisions; 239.791,
1.17subdivisions 1, 2a, 2b; 239.7911; 296A.01, subdivision 19, by adding a
1.18subdivision; proposing coding for new law in Minnesota Statutes, chapter 18;
1.19repealing Minnesota Statutes 2012, sections 18.91, subdivisions 3, 5; 18B.07,
1.20subdivision 6; 239.791, subdivision 1a.
1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.24 Section 1. Minnesota Statutes 2012, section 17.118, subdivision 2, is amended to read:
1.25 Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this
1.26subdivision have the meanings given them.
1.27 (b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed
1.28cervidae, ratitae, bison, sheep, horses, and llamas.
1.29 (c) "Qualifying expenditures" means the amount spent for:
2.1 (1) the acquisition, construction, or improvement of buildings or facilities for the
2.2production of livestock or livestock products;
2.3 (2) the development of pasture for use by livestock including, but not limited to, the
2.4acquisition, development, or improvement of:
2.5 (i) lanes used by livestock that connect pastures to a central location;
2.6 (ii) watering systems for livestock on pasture including water lines, booster pumps,
2.7and well installations;
2.8 (iii) livestock stream crossing stabilization; and
2.9 (iv) fences; or
2.10 (3) the acquisition of equipment for livestock housing, confinement, feeding, and
2.11waste management including, but not limited to, the following:
2.12 (i) freestall barns;
2.13 (ii) watering facilities;
2.14 (iii) feed storage and handling equipment;
2.15 (iv) milking parlors;
2.16 (v) robotic equipment;
2.17 (vi) scales;
2.18 (vii) milk storage and cooling facilities;
2.19 (viii) bulk tanks;
2.20 (ix) computer hardware and software and associated equipment used to monitor
2.21the productivity and feeding of livestock;
2.22 (x) manure pumping and storage facilities;
2.23 (xi) swine farrowing facilities;
2.24 (xii) swine and cattle finishing barns;
2.25 (xiii) calving facilities;
2.26 (xiv) digesters;
2.27 (xv) equipment used to produce energy;
2.28 (xvi) on-farm processing facilities equipment;
2.29 (xvii) fences; and
2.30 (xviii) livestock pens and corrals and sorting, restraining, and loading chutes.
2.31 Except for qualifying pasture development expenditures under clause (2), qualifying
2.32expenditures only include amounts that are allowed to be capitalized and deducted under
2.33either section 167 or 179 of the Internal Revenue Code in computing federal taxable
2.34income. Qualifying expenditures do not include an amount paid to refinance existing debt.
2.35(d) "Qualifying period" means, for a grant awarded during a fiscal year, that full
2.36calendar year of which the first six months precede the first day of the current fiscal year. For
3.1example, an eligible person who makes qualifying expenditures during calendar year 2008
3.2is eligible to receive a livestock investment grant between July 1, 2008, and June 30, 2009.
3.3 Sec. 2. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
3.4to read:
3.5 Subd. 4a. Bulk pesticide storage facility. "Bulk pesticide storage facility" means a
3.6facility that is required to have a permit under section 18B.14.
3.7 Sec. 3. Minnesota Statutes 2012, section 18B.065, subdivision 2a, is amended to read:
3.8 Subd. 2a. Disposal site requirement. (a) For agricultural waste pesticides, the
3.9commissioner must designate a place in each county of the state that is available at least
3.10every other year for persons to dispose of unused portions of agricultural pesticides. The
3.11commissioner shall consult with the person responsible for solid waste management
3.12and disposal in each county to determine an appropriate location and to advertise each
3.13collection event. The commissioner may provide a collection opportunity in a county
3.14more frequently if the commissioner determines that a collection is warranted.
3.15 (b) For nonagricultural waste pesticides, the commissioner must provide a disposal
3.16opportunity each year in each county or enter into a contract with a group of counties
3.17under a joint powers agreement or contract for household hazardous waste disposal.
3.18(c) As provided under subdivision 7, the commissioner may enter into cooperative
3.19agreements with local units of government to provide the collections required under
3.20paragraph (a) or (b) and shall provide a local unit of government, as part of the cooperative
3.21agreement, with funding for reasonable costs incurred including, but not limited to, related
3.22supplies, transportation, advertising, and disposal costs as well as reasonable overhead
3.23costs.
3.24 (d) A person who collects waste pesticide under this section shall, on a form
3.25provided or in a method approved by the commissioner, record information on each
3.26waste pesticide product collected including, but not limited to, the quantity collected
3.27and either the product name and its active ingredient or ingredients or the United States
3.28Environmental Protection Agency registration number. The person must submit this
3.29information to the commissioner at least annually by January 30.
3.30 (e) Notwithstanding the recording and reporting requirements of paragraph (d),
3.31persons are not required to record or report agricultural or nonagricultural waste pesticide
3.32collected in the remainder of 2013, 2014, and 2015. The commissioner shall analyze
3.33existing collection data to identify trends that will inform future collection strategies to
3.34better meet the needs and nature of current waste pesticide streams. By January 15, 2015,
4.1the commissioner shall report analysis, recommendations, and proposed policy changes to
4.2this program to legislative committees with jurisdiction over agriculture finance and policy.
4.3EFFECTIVE DATE.This section is effective the day following final enactment
4.4and applies to waste pesticide collected on or after that date through the end of 2015.
4.5 Sec. 4. Minnesota Statutes 2012, section 18B.07, subdivision 4, is amended to read:
4.6 Subd. 4. Pesticide storage safeguardsat application sites. A person may not
4.7allow a pesticide, rinsate, or unrinsed pesticide container to be stored, kept, or to remain in
4.8or on any site without safeguards adequate to prevent an incident. Pesticides may not be
4.9stored in any location with an open drain.
4.10 Sec. 5. Minnesota Statutes 2012, section 18B.07, subdivision 5, is amended to read:
4.11 Subd. 5. Use ofpublic water supplies for filling application equipment. (a) A
4.12person may not fill pesticide application equipment directly from a public water supply,
4.13as defined in section144.382 , or from public waters, as defined in section 103G.005,
4.14subdivision 15, unless the outlet from thepublic water supply is equipped with a backflow
4.15prevention device that complies with and is installed in accordance with the Minnesota
4.16Plumbing Code under Minnesota Rules, parts 4715.2000 to 4715.2280. A nurse tank not
4.17connected to the water supply, an atmospheric vacuum breaker (AVB), and air gap that is
4.182.0 times the effective diameter of the outlet, a pressurized vacuum breaker (PVB), or
4.19a reduced pressure principle backflow prevention device (RPZ) must also comply with
4.20the requirements under the Minnesota Plumbing Code under Minnesota Rules, parts
4.214715.2000 to 4715.2280.
4.22(b) Cross connections between a water supply use for filling pesticide application
4.23equipment are prohibited.
4.24(c) This subdivision does not apply to permitted applications of aquatic pesticides to
4.25public waters.
4.26 Sec. 6. Minnesota Statutes 2012, section 18B.07, subdivision 7, is amended to read:
4.27 Subd. 7.Cleaning equipment in or near surface water Pesticide handling
4.28restrictions. (a) A person may not: fill or clean pesticide application equipment where
4.29pesticides or materials contaminated with pesticides could enter ditches, surface water,
4.30groundwater, wells, drains, or sewers. For wells, the setbacks established in Minnesota
4.31Rules, part 4725.4450, apply.
4.32(1) clean pesticide application equipment in surface waters of the state; or
5.1(2) fill or clean pesticide application equipment adjacent to surface waters,
5.2ditches, or wells where, because of the slope or other conditions, pesticides or materials
5.3contaminated with pesticides could enter or contaminate the surface waters, groundwater,
5.4or wells, as a result of overflow, leakage, or other causes.
5.5(b) This subdivision does not apply to permitted application of aquatic pesticides to
5.6public waters.
5.7 Sec. 7. Minnesota Statutes 2012, section 18B.26, subdivision 3, is amended to read:
5.8 Subd. 3. Registration application and gross sales fee. (a) For an agricultural
5.9pesticide, a registrant shall pay an annual registration application fee for each agricultural
5.10pesticide of $350. The fee is due by December 31 preceding the year for which the
5.11application for registration is made. The fee is nonrefundable.
5.12(b) For a nonagricultural pesticide, a registrant shall pay a minimum annual
5.13registration application fee for each nonagricultural pesticide of $350. The fee is due by
5.14December 31 preceding the year for which the application for registration is made. The
5.15fee is nonrefundable. The registrant of a nonagricultural pesticide shall pay, in addition to
5.16the $350 minimum fee, a fee of 0.5 percent of annual gross sales of the nonagricultural
5.17pesticide in the state and the annual gross sales of the nonagricultural pesticide sold into
5.18the state for use in this state.The commissioner may not assess a fee under this paragraph
5.19if the amount due based on percent of annual gross sales is less than $10 No fee is required
5.20if the fee due amount based on percent of annual gross sales of a nonagricultural pesticide
5.21is less than $10. The registrant shall secure sufficient sales information of nonagricultural
5.22pesticides distributed into this state from distributors and dealers, regardless of distributor
5.23location, to make a determination. Sales of nonagricultural pesticides in this state and
5.24sales of nonagricultural pesticides for use in this state by out-of-state distributors are not
5.25exempt and must be included in the registrant's annual report, as required under paragraph
5.26(g), and fees shall be paid by the registrant based upon those reported sales. Sales of
5.27nonagricultural pesticides in the state for use outside of the state are exempt from the
5.28gross sales fee in this paragraph if the registrant properly documents the sale location and
5.29distributors. A registrant paying more than the minimum fee shall pay the balance due by
5.30March 1 based on the gross sales of the nonagricultural pesticide by the registrant for the
5.31preceding calendar year. A pesticide determined by the commissioner to be a sanitizer or
5.32disinfectant is exempt from the gross sales fee.
5.33(c) For agricultural pesticides, a licensed agricultural pesticide dealer or licensed
5.34pesticide dealer shall pay a gross sales fee of 0.55 percent of annual gross sales of the
6.1agricultural pesticide in the state and the annual gross sales of the agricultural pesticide
6.2sold into the state for use in this state.
6.3(d) In those cases where a registrant first sells an agricultural pesticide in or into the
6.4state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer
6.5license and is responsible for payment of the annual gross sales fee under paragraph (c),
6.6record keeping under paragraph (i), and all other requirements of section18B.316 .
6.7(e) If the total annual revenue from fees collected in fiscal year 2011, 2012, or 2013,
6.8by the commissioner on the registration and sale of pesticides is less than $6,600,000, the
6.9commissioner, after a public hearing, may increase proportionally the pesticide sales and
6.10product registration fees under this chapter by the amount necessary to ensure this level
6.11of revenue is achieved. The authority under this section expires on June 30, 2014. The
6.12commissioner shall report any fee increases under this paragraph 60 days before the fee
6.13change is effective to the senate and house of representatives agriculture budget divisions.
6.14 (f) An additional fee of 50 percent of the registration application fee must be paid by
6.15the applicant for each pesticide to be registered if the application is a renewal application
6.16that is submitted after December 31.
6.17 (g) A registrant must annually report to the commissioner the amount, type and
6.18annual gross sales of each registered nonagricultural pesticide sold, offered for sale, or
6.19otherwise distributed in the state. The report shall be filed by March 1 for the previous
6.20year's registration. The commissioner shall specify the form of the report or approve
6.21the method for submittal of the report and may require additional information deemed
6.22necessary to determine the amount and type of nonagricultural pesticide annually
6.23distributed in the state. The information required shall include the brand name, United
6.24States Environmental Protection Agency registration number, and amount of each
6.25nonagricultural pesticide sold, offered for sale, or otherwise distributed in the state, but
6.26the information collected, if made public, shall be reported in a manner which does not
6.27identify a specific brand name in the report.
6.28(h) A licensed agricultural pesticide dealer or licensed pesticide dealer must annually
6.29report to the commissioner the amount, type, and annual gross sales of each registered
6.30agricultural pesticide sold, offered for sale, or otherwise distributed in the state or into the
6.31state for use in the state. The report must be filed by January 31 for the previous year's
6.32sales. The commissioner shall specify the form, contents, and approved electronic method
6.33for submittal of the report and may require additional information deemed necessary to
6.34determine the amount and type of agricultural pesticide annually distributed within the
6.35state or into the state. The information required must include the brand name, United States
7.1Environmental Protection Agency registration number, and amount of each agricultural
7.2pesticide sold, offered for sale, or otherwise distributed in the state or into the state.
7.3(i) A person who registers a pesticide with the commissioner under paragraph (b),
7.4or a registrant under paragraph (d), shall keep accurate records for five years detailing
7.5all distribution or sales transactions into the state or in the state and subject to a fee and
7.6surcharge under this section.
7.7(j) The records are subject to inspection, copying, and audit by the commissioner
7.8and must clearly demonstrate proof of payment of all applicable fees and surcharges
7.9for each registered pesticide product sold for use in this state. A person who is located
7.10outside of this state must maintain and make available records required by this subdivision
7.11in this state or pay all costs incurred by the commissioner in the inspecting, copying, or
7.12auditing of the records.
7.13(k) The commissioner may adopt by rule regulations that require persons subject
7.14to audit under this section to provide information determined by the commissioner to be
7.15necessary to enable the commissioner to perform the audit.
7.16 (l) A registrant who is required to pay more than the minimum fee for any pesticide
7.17under paragraph (b) must pay a late fee penalty of $100 for each pesticide application fee
7.18paid after March 1 in the year for which the license is to be issued.
7.19 Sec. 8. Minnesota Statutes 2012, section 18B.316, subdivision 1, is amended to read:
7.20 Subdivision 1. Requirement. (a) A person must notdistribute offer for sale or sell
7.21an agricultural pesticide in the state or into the state without first obtaining an agricultural
7.22pesticide dealer license.
7.23(b) Each location or place of business from which an agricultural pesticide is
7.24distributed offered for sale or sold in the state or into the state is required to have a
7.25separate agricultural pesticide dealer license.
7.26(c) A person who is a licensed pesticide dealer under section18B.31 is not required
7.27to also be licensed under this subdivision.
7.28 Sec. 9. Minnesota Statutes 2012, section 18B.316, subdivision 3, is amended to read:
7.29 Subd. 3. Resident agent. A person required to be licensed under subdivisions 1
7.30and 2, or a person licensed as a pesticide dealer pursuant to section18B.31 and who
7.31operates from a location or place of business outside the state and whodistributes offers
7.32for sale or sells an agricultural pesticide into the state, must continuously maintain in
7.33this state the following:
7.34(1) a registered office; and
8.1(2) a registered agent, who may be either a resident of this state whose business
8.2office or residence is identical with the registered office under clause (1), a domestic
8.3corporation or limited liability company, or a foreign corporation of limited liability
8.4company authorized to transact business in this state and having a business office identical
8.5with the registered office.
8.6A person licensed under this section or section18B.31 shall annually file with the
8.7commissioner, either at the time of initial licensing or as part of license renewal, the name,
8.8address, telephone number, and e-mail address of the licensee's registered agent.
8.9For licensees under section18B.31 who are located in the state, the licensee is
8.10the registered agent.
8.11 Sec. 10. Minnesota Statutes 2012, section 18B.316, subdivision 4, is amended to read:
8.12 Subd. 4. Responsibility. The resident agent is responsible for the acts of a licensed
8.13agricultural pesticide dealer, or of a licensed pesticide dealer under section18B.31 who
8.14operates from a location or place of business outside the state and whodistributes offers
8.15for sale or sells an agricultural pesticide into the state, as well as the acts of the employees
8.16of those licensees.
8.17 Sec. 11. Minnesota Statutes 2012, section 18B.316, subdivision 8, is amended to read:
8.18 Subd. 8. Report of sales and payment to commissioner. A person who is an
8.19agricultural pesticide dealer, or is a licensed pesticide dealer under section18B.31 , who
8.20distributes offers for sale or sells an agricultural pesticide in or into the state, and a
8.21pesticide registrant pursuant to section18B.26, subdivision 3 , paragraph (d), shall no
8.22later than January 31 of each year report and pay applicable fees on annual gross sales
8.23of agricultural pesticides to the commissioner pursuant to requirements under section
8.2418B.26, subdivision 3
, paragraphs (c) and (h).
8.25 Sec. 12. Minnesota Statutes 2012, section 18B.316, subdivision 9, is amended to read:
8.26 Subd. 9. Application. (a) A person must apply to the commissioner for an
8.27agricultural pesticide dealer license on forms and in a manner approved by the
8.28commissioner.
8.29(b) The applicant must be the person in charge of each location or place of business
8.30from which agricultural pesticides aredistributed offered for sale or sold in or into the state.
8.31(c) The commissioner may require that the applicant provide information regarding
8.32the applicant's proposed operations and other information considered pertinent by the
8.33commissioner.
9.1(d) The commissioner may require additional demonstration of licensee qualification
9.2if the licensee has had a license suspended or revoked, or has otherwise had a history of
9.3violations in another state or violations of this chapter.
9.4(e) A licensed agricultural pesticide dealer who changes the dealer's address or place
9.5of business must immediately notify the commissioner of the change.
9.6(f) Beginning January 1, 2011, an application for renewal of an agricultural pesticide
9.7dealer license is complete only when a report and any applicable payment of fees under
9.8subdivision 8 are received by the commissioner.
9.9 Sec. 13. Minnesota Statutes 2012, section 18B.37, subdivision 4, is amended to read:
9.10 Subd. 4.Storage, handling, Incident response, and disposal plan. A pesticide
9.11dealer, agricultural pesticide dealer, or a commercial, noncommercial, or structural pest
9.12controlapplicator or the business that the applicator is employed by business must develop
9.13and maintaina an incident response plan that describes its pesticide storage, handling,
9.14incident response, and disposal practices the actions that will be taken to prevent and
9.15respond to pesticide incidents. The plan must contain the same information as forms
9.16provided by the commissioner. The plan must be kept at a principal business site or location
9.17within this state and must be submitted to the commissioner upon requeston forms provided
9.18by the commissioner. The plan must be available for inspection by the commissioner.
9.19 Sec. 14. Minnesota Statutes 2012, section 31.94, is amended to read:
9.2031.94 COMMISSIONER DUTIES.
9.21(a) In order to promote opportunities for organic agriculture in Minnesota, the
9.22commissioner shall:
9.23(1) survey producers and support services and organizations to determine
9.24information and research needs in the area of organic agriculture practices;
9.25(2) work with the University of Minnesota to demonstrate the on-farm applicability
9.26of organic agriculture practices to conditions in this state;
9.27(3) direct the programs of the department so as to work toward the promotion of
9.28organic agriculture in this state;
9.29(4) inform agencies of how state or federal programs could utilize and support
9.30organic agriculture practices; and
9.31(5) work closely with producers, the University of Minnesota, the Minnesota Trade
9.32Office, and other appropriate organizations to identify opportunities and needs as well
9.33as ensure coordination and avoid duplication of state agency efforts regarding research,
9.34teaching, marketing, and extension work relating to organic agriculture.
10.1(b) By November 15 of each year that ends in a zero or a five, the commissioner,
10.2in conjunction with the task force created in paragraph (c), shall report on the status of
10.3organic agriculture in Minnesota to the legislative policy and finance committees and
10.4divisions with jurisdiction over agriculture. The report must include available data on
10.5organic acreage and production, available data on the sales or market performance of
10.6organic products, and recommendations regarding programs, policies, and research efforts
10.7that will benefit Minnesota's organic agriculture sector.
10.8(c) A Minnesota Organic Advisory Task Force shall advise the commissioner and the
10.9University of Minnesota on policies and programs that will improve organic agriculture in
10.10Minnesota, including how available resources can most effectively be used for outreach,
10.11education, research, and technical assistance that meet the needs of the organic agriculture
10.12community. The task force must consist of the following residents of the state:
10.13(1) three organic farmersusing organic agriculture methods;
10.14(2) one wholesaler or distributor of organic products;
10.15(3) one representative of organic certification agencies;
10.16(4) two organic processors;
10.17(5) one representative from University of Minnesota Extension;
10.18(6) one University of Minnesota faculty member;
10.19(7) one representative from a nonprofit organization representing producers;
10.20(8) two public members;
10.21(9) one representative from the United States Department of Agriculture;
10.22(10) one retailer of organic products; and
10.23(11) one organic consumer representative.
10.24The commissioner, in consultation with the director of the Minnesota Agricultural
10.25Experiment Station; the dean and director of University of Minnesota Extension; and the
10.26dean of the College of Food, Agricultural and Natural Resource Sciences, shall appoint
10.27members to servestaggered two three-year terms.
10.28Compensation and removal of members are governed by section15.059, subdivision
10.296 . The task force must meet at least twice each year and expires on June 30, 2013 2016.
10.30(d) For the purposes of expanding, improving, and developing production and
10.31marketing of the organic products of Minnesota agriculture, the commissioner may
10.32receive funds from state and federal sources and spend them, including through grants or
10.33contracts, to assist producers and processors to achieve certification, to conduct education
10.34or marketing activities, to enter into research and development partnerships, or to address
10.35production or marketing obstacles to the growth and well-being of the industry.
11.1(e) The commissioner may facilitate the registration of state organic production
11.2and handling operations including those exempt from organic certification according to
11.3Code of Federal Regulations, title 7, section 205.101, and certification agents operating
11.4within the state.
11.5 Sec. 15. Minnesota Statutes 2012, section 41A.105, subdivision 1a, is amended to read:
11.6 Subd. 1a. Definitions. For the purpose of this section:
11.7 (1) "biobased content" means a chemical, polymer, monomer, or plastic that is not
11.8sold primarily for use as food, feed, or fuel and that has a biobased percentage of at least
11.951 percent as determined by testing representative samples using American Society for
11.10Testing and Materials specification D6866;
11.11 (2) "biobased formulated product" means a product that is not sold primarily for use
11.12as food, feed, or fuel and that has a biobased content percentage of at least ten percent
11.13as determined by testing representative samples using American Society for Testing
11.14and Materials specification D6866, or that contains a biobased chemical constituent
11.15that displaces a known hazardous or toxic constituent previously used in the product
11.16formulation;
11.17(1) (3) "biobutanol facility" means a facility at which biobutanol is produced; and
11.18(2) (4) "biobutanol" means fermentation isobutyl alcohol that is derived from
11.19agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets;
11.20forest products; or other renewable resources, including residue and waste generated
11.21from the production, processing, and marketing of agricultural products, forest products,
11.22and other renewable resources.
11.23 Sec. 16. Minnesota Statutes 2012, section 41A.105, subdivision 3, is amended to read:
11.24 Subd. 3. Duties. The board shall research and report to the commissioner of
11.25agriculture and to the legislature recommendations as to how the state can invest its
11.26resources to most efficiently achieve energy independence, agricultural and natural
11.27resources sustainability, and rural economic vitality. The board shall:
11.28 (1) examine the future of fuels, such as synthetic gases, biobutanol, hydrogen,
11.29methanol, biodiesel, and ethanol within Minnesota;
11.30 (2) examine the opportunity for biobased content and biobased formulated product
11.31production at integrated biorefineries or stand alone facilities using agricultural and
11.32forestry feedstocks;
11.33(2) (3) develop equity grant programs to assist locally owned facilities;
12.1(3) (4) study the proper role of the state in creating financing and investing and
12.2providing incentives;
12.3(4) (5) evaluate how state and federal programs, including the Farm Bill, can best
12.4work together and leverage resources;
12.5(5) (6) work with other entities and committees to develop a clean energy program;
12.6and
12.7(6) (7) report to the legislature before February 1 each year with recommendations
12.8as to appropriations and results of past actions and projects.
12.9 Sec. 17. Minnesota Statutes 2012, section 41A.105, subdivision 5, is amended to read:
12.10 Subd. 5. Expiration. This section expires June 30,2014 2015.
12.11 Sec. 18. Minnesota Statutes 2012, section 41A.12, is amended by adding a subdivision
12.12to read:
12.13 Subd. 3a. Grant awards. Grant projects may continue for up to three years.
12.14Multiyear projects must be reevaluated by the commissioner before second- and third-year
12.15funding is approved. A project is limited to one grant for its funding.
12.16 Sec. 19. Minnesota Statutes 2012, section 41B.04, subdivision 9, is amended to read:
12.17 Subd. 9. Restructured loan agreement. (a) For a deferred restructured loan, all
12.18payments on the primary and secondary principal, all payments of interest on the secondary
12.19principal, and an agreed portion of the interest payable to the eligible agricultural lender
12.20on the primary principal must be deferred to the end of the term of the loan.
12.21(b) Interest on secondary principal must accrue at a below market interest rate.
12.22(c) At the conclusion of the term of the restructured loan, the borrower owes primary
12.23principal, secondary principal, and deferred interest on primary and secondary principal.
12.24However, part of this balloon payment may be forgiven following an appraisal by the
12.25lender and the authority to determine the current market value of the real estate subject to
12.26the mortgage. If the current market value of the land after appraisal is less than the amount
12.27of debt owed by the borrower to the lender and authority on this obligation, that portion of
12.28the obligation that exceeds the current market value of the real property must be forgiven
12.29by the lender and the authority in the following order:
12.30(1) deferred interest on secondary principal;
12.31(2) secondary principal;
12.32(3) deferred interest on primary principal;
13.1(4) primary principal as provided in an agreement between the authority and the
13.2lender; and
13.3(5) accrued but not deferred interest on primary principal.
13.4(d) For an amortized restructured loan, payments must include installments on
13.5primary principal and interest on the primary principal. An amortized restructured loan
13.6must be amortized over a time period and upon terms to be established by the authority by
13.7rule.
13.8(e) A borrower may prepay the restructured loan, with all primary and secondary
13.9principal and interest and deferred interest at any timewithout prepayment penalty.
13.10(f) The authority may not participate in refinancing a restructured loan at the
13.11conclusion of the restructured loan.
13.12 Sec. 20. Minnesota Statutes 2012, section 223.17, is amended by adding a subdivision
13.13to read:
13.14 Subd. 7a. Bond requirements; claims. For entities licensed under this chapter
13.15and chapter 232, the bond requirements and claims against the bond are governed under
13.16section 232.22, subdivision 6a.
13.17 Sec. 21. Minnesota Statutes 2012, section 232.22, is amended by adding a subdivision
13.18to read:
13.19 Subd. 6a. Bond determinations. If a public grain warehouse operator is licensed
13.20under both this chapter and chapter 223, the warehouse shall have its bond determined
13.21by its gross annual grain purchase amount or its annual average grain storage value,
13.22whichever is greater. For those entities licensed under this chapter and chapter 223, the
13.23entire bond shall be available to any claims against the bond for claims filed under this
13.24chapter and chapter 223.
13.25 Sec. 22. Minnesota Statutes 2012, section 296A.01, subdivision 19, is amended to read:
13.26 Subd. 19. E85. "E85" means a petroleum product that is a blend of agriculturally
13.27derived denatured ethanol and gasoline or natural gasoline thattypically contains not more
13.28than 85 percent ethanol by volume, but at a minimum must contain60 greater than 50
13.29 percent ethanol by volume. For the purposes of this chapter, the energy content of E85
13.30will be considered to be 82,000 BTUs per gallon. E85 produced for use as a motor fuel in
13.31alternative fuel vehicles as defined in subdivision 5 must comply with ASTM specification
13.32D5798-07 D5798-11.
13.33EFFECTIVE DATE.This section is effective the day following final enactment.
14.1 Sec. 23. REVISOR'S INSTRUCTION.
14.2The revisor of statutes shall renumber Minnesota Statutes, section 18B.01,
14.3subdivision 4a, as subdivision 4b and correct any cross-references.
14.4 Sec. 24. REPEALER.
14.5Minnesota Statutes 2012, section 18B.07, subdivision 6, is repealed.
14.8 Section 1. Minnesota Statutes 2012, section 18.77, subdivision 3, is amended to read:
14.9 Subd. 3. Control. "Control" means todestroy all or part of the aboveground
14.10growth of noxious weeds manage or prevent the maturation and spread of propagating
14.11parts of noxious weeds from one area to another by a lawful method that does not cause
14.12unreasonable adverse effects on the environment as defined in section18B.01, subdivision
14.1331 , and prevents the maturation and spread of noxious weed propagating parts from one
14.14area to another.
14.15 Sec. 2. Minnesota Statutes 2012, section 18.77, subdivision 4, is amended to read:
14.16 Subd. 4. Eradicate. "Eradicate" means to destroy the abovegroundgrowth and the
14.17roots and belowground plant parts of noxious weeds by a lawful method that which prevents
14.18the maturation and spread of noxious weed propagating parts from one area to another.
14.19 Sec. 3. Minnesota Statutes 2012, section 18.77, subdivision 10, is amended to read:
14.20 Subd. 10. Permanent pasture, hay meadow, woodlot,and or other noncrop
14.21area. "Permanent pasture, hay meadow, woodlot,and or other noncrop area" means an
14.22area of predominantly native or seeded perennial plants that can be used for grazing or hay
14.23purposes but is not harvested on a regular basis and is not considered to be a growing crop.
14.24 Sec. 4. Minnesota Statutes 2012, section 18.77, subdivision 12, is amended to read:
14.25 Subd. 12. Propagating parts. "Propagating parts" means all plant parts, including
14.26seeds, that are capable of producing new plants.
14.27 Sec. 5. [18.771] NOXIOUS WEED CATEGORIES.
14.28(a) For purposes of this section, noxious weed category includes each of the
14.29following categories.
15.1(b) "Prohibited noxious weed" includes noxious weeds that must be controlled or
15.2eradicated on all lands within the state. Transportation of a prohibited noxious weed's
15.3propagating parts shall be restricted by permit except as allowed by section 18.82.
15.4Prohibited noxious weeds cannot be sold or propagated in Minnesota. There are two
15.5regulatory listings for prohibited noxious weeds in Minnesota:
15.6(1) The "Noxious Weed Eradicate List" is established. Prohibited noxious weeds
15.7placed on the Noxious Weed Eradicate List are plants that are not currently known to be
15.8present in Minnesota or are not widely established. These species must be eradicated.
15.9(2) The "Noxious Weed Control List" is established. Prohibited noxious weeds
15.10placed on the Noxious Weed Control List are plants that are already established throughout
15.11Minnesota or regions of the state. Species on this list must at least be controlled.
15.12(c) "Restricted noxious weeds" includes noxious weeds that are widely distributed
15.13in Minnesota, but whose only feasible means of control is to prevent their spread by
15.14prohibiting the importation, sale, and transportation of their propagating parts in the state
15.15except as allowed by section 18.82.
15.16(d) "Specially regulated plants" includes noxious weeds that may be native
15.17species or have demonstrated economic value, but also have the potential to cause harm
15.18in noncontrolled environments. Plants designated as specially regulated have been
15.19determined to pose ecological, economical, or human or animal health concerns. Species
15.20specific management plans or rules that define the use and management requirements
15.21for these plants must be developed by the commissioner of agriculture for each plant
15.22designated as specially regulated. The commissioner must also take measures to minimize
15.23the potential for harm caused by these plants.
15.24(e) "County noxious weeds" includes noxious weeds that are designated by
15.25individual county boards to be enforced as prohibited noxious weeds within the county's
15.26jurisdiction and must be approved by the commissioner of agriculture, in consultation with
15.27the Noxious Weed Advisory Committee. Each county board must submit newly proposed
15.28county noxious weeds to the commissioner of agriculture for review. Approved county
15.29noxious weeds shall also be posted with the county's general weed notice prior to May 15
15.30each year. Counties are solely responsible for developing county noxious weed lists and
15.31their enforcement.
15.32 Sec. 6. Minnesota Statutes 2012, section 18.78, subdivision 3, is amended to read:
15.33 Subd. 3.Cooperative Weed control agreement. The commissioner, municipality,
15.34or county agricultural inspector or county-designated employee may enter into a
15.35cooperative weed control agreement with a landowner or weed management area
16.1group to establish a mutually agreed-upon noxious weed management plan for up to
16.2three years duration, whereby a noxious weed problem will be controlled without
16.3additional enforcement action. If a property owner fails to comply with the noxious weed
16.4management plan, an individual notice may be served.
16.5 Sec. 7. Minnesota Statutes 2012, section 18.79, subdivision 6, is amended to read:
16.6 Subd. 6. Training for control or eradication of noxious weeds. The commissioner
16.7shall conduct initial training considered necessary for inspectors and county-designated
16.8employees in the enforcement of the Minnesota Noxious Weed Law. The director of
16.9the Minnesota ExtensionService may conduct educational programs for the general
16.10public that will aid compliance with the Minnesota Noxious Weed Law. Upon request,
16.11the commissioner may provide information and other technical assistance to the county
16.12agricultural inspector or county-designated employee to aid in the performance of
16.13responsibilities specified by the county board under section18.81, subdivisions 1a and 1b.
16.14 Sec. 8. Minnesota Statutes 2012, section 18.79, subdivision 13, is amended to read:
16.15 Subd. 13. Noxious weed designation. The commissioner, in consultation with the
16.16Noxious Weed Advisory Committee, shall determine which plants are noxious weeds
16.17subject tocontrol regulation under sections
18.76 to
18.91 . The commissioner shall
16.18prepare, publish, and revise as necessary, but at least once every three years, a list of
16.19noxious weeds and their designated classification. The list must be distributed to the public
16.20by the commissioner who may request the help of the University of Minnesota Extension,
16.21the county agricultural inspectors, and any other organization the commissioner considers
16.22appropriate to assist in the distribution. The commissioner may, in consultation with
16.23the Noxious Weed Advisory Committee, accept and consider noxious weed designation
16.24petitions from Minnesota citizens or Minnesota organizations or associations.
16.25 Sec. 9. Minnesota Statutes 2012, section 18.82, subdivision 1, is amended to read:
16.26 Subdivision 1. Permits. Except as provided in section21.74 , if a person wants to
16.27transport along a public highway materials or equipment containing the propagating parts of
16.28weeds designated as noxious by the commissioner, the person must secure a written permit
16.29for transportation of the material or equipment from an inspector or county-designated
16.30employee. Inspectors or county-designated employees may issue permits to persons
16.31residing or operating within their jurisdiction.If the noxious weed propagating parts are
16.32removed from materials and equipment or devitalized before being transported, a permit is
16.33not needed A permit is not required for the transport of noxious weeds for the purpose
17.1of destroying propagating parts at a Department of Agriculture-approved disposal site.
17.2Anyone transporting noxious weed propagating parts for this purpose shall ensure that all
17.3materials are contained in a manner that prevents escape during transport.
17.4 Sec. 10. Minnesota Statutes 2012, section 18.91, subdivision 1, is amended to read:
17.5 Subdivision 1. Duties. The commissioner shall consult with the Noxious Weed
17.6Advisory Committee to advise the commissioner concerning responsibilities under
17.7the noxious weed control program. The committee shallalso evaluate species for
17.8invasiveness, difficulty of control, cost of control, benefits, and amount of injury caused
17.9by them. For each species evaluated, the committee shall recommend to the commissioner
17.10on which noxious weed list or lists, if any, the species should be placed. Speciescurrently
17.11 designated as prohibited or restricted noxious weeds or specially regulated plants must
17.12be reevaluated every three years for a recommendation on whether or not they need to
17.13remain on the noxious weed lists. The committee shall also advise the commissioner on
17.14the implementation of the Minnesota Noxious Weed Law and assist the commissioner in
17.15the development of management criteria for each noxious weed category. Members of
17.16the committee are not entitled to reimbursement of expenses nor payment of per diem.
17.17Members shall serve two-year terms with subsequent reappointment by the commissioner.
17.18 Sec. 11. Minnesota Statutes 2012, section 18.91, subdivision 2, is amended to read:
17.19 Subd. 2. Membership. The commissioner shall appoint members, which shall
17.20include representatives from the following:
17.21(1) horticultural science, agronomy, and forestry at the University of Minnesota;
17.22(2) the nursery and landscape industry in Minnesota;
17.23(3) the seed industry in Minnesota;
17.24(4) the Department of Agriculture;
17.25(5) the Department of Natural Resources;
17.26(6) a conservation organization;
17.27(7) an environmental organization;
17.28(8) at least two farm organizations;
17.29(9) the county agricultural inspectors;
17.30(10) city, township, and county governments;
17.31(11) the Department of Transportation;
17.32(12) the University of Minnesota Extension;
17.33(13) the timber and forestry industry in Minnesota;
17.34(14) the Board of Water and Soil Resources;and
18.1(15) soil and water conservation districts.;
18.2(16) Minnesota Association of County Land Commissioners; and
18.3(17) members as needed.
18.4 Sec. 12. REPEALER.
18.5Minnesota Statutes 2012, section 18.91, subdivisions 3 and 5, are repealed.
18.8 Section 1. Minnesota Statutes 2012, section 41A.10, subdivision 2, is amended to read:
18.9 Subd. 2. Cellulosic biofuel production goal. The state cellulosic biofuel production
18.10goal is one-quarter of the total amount necessary forethanol biofuel use required under
18.11section239.791, subdivision 1a 1 , by 2015 or when cellulosic biofuel facilities in the state
18.12attain a total annual production level of 60,000,000 gallons, whichever is first.
18.13 Sec. 2. Minnesota Statutes 2012, section 41A.10, is amended by adding a subdivision
18.14to read:
18.15 Subd. 3. Expiration. This section expires January 1, 2015.
18.16 Sec. 3. Minnesota Statutes 2012, section 116J.437, subdivision 1, is amended to read:
18.17 Subdivision 1. Definitions. (a) For the purpose of this section, the following terms
18.18have the meanings given.
18.19 (b) "Green economy" means products, processes, methods, technologies, or services
18.20intended to do one or more of the following:
18.21 (1) increase the use of energy from renewable sources, including through achieving
18.22the renewable energy standard established in section216B.1691 ;
18.23 (2) achieve the statewide energy-savings goal established in section216B.2401 ,
18.24including energy savings achieved by the conservation investment program under section
18.25216B.241
;
18.26 (3) achieve the greenhouse gas emission reduction goals of section216H.02 ,
18.27subdivision 1, including through reduction of greenhouse gas emissions, as defined in
18.28section216H.01, subdivision 2 , or mitigation of the greenhouse gas emissions through,
18.29but not limited to, carbon capture, storage, or sequestration;
18.30 (4) monitor, protect, restore, and preserve the quality of surface waters, including
18.31actions to further the purposes of the Clean Water Legacy Act as provided in section
18.32114D.10, subdivision 1
;
19.1 (5) expand the use of biofuels, including by expanding the feasibility or reducing the
19.2cost of producing biofuels or the types of equipment, machinery, and vehicles that can
19.3use biofuels, including activities to achieve thebiofuels 25 by 2025 initiative in sections
19.441A.10, subdivision 2, and
41A.11
19.5 (6) increase the use of green chemistry, as defined in section116.9401 .
19.6For the purpose of clause (3), "green economy" includes strategies that reduce carbon
19.7emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass
19.8transit or otherwise reducing commuting for employees.
19.9 Sec. 4. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
19.10to read:
19.11 Subd. 1a. Advanced biofuel. "Advanced biofuel" has the meaning given in Public
19.12Law 110-140, title 2, subtitle A, section 201.
19.13 Sec. 5. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
19.14to read:
19.15 Subd. 5a. Biofuel. "Biofuel" means a renewable fuel with an approved pathway
19.16under authority of the federal Energy Policy Act of 2005, Public Law 109-58, as amended
19.17by the federal Energy Independence and Security Act of 2007, Public Law 110–140, and
19.18approved for sale by the United States Environmental Protection Agency. As such, biofuel
19.19includes both advanced and conventional biofuels.
19.20 Sec. 6. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
19.21to read:
19.22 Subd. 7a. Conventional biofuel. "Conventional biofuel" means ethanol derived
19.23from cornstarch, as defined in Public Law 110-140, title 2, subtitle A, section 201.
19.24 Sec. 7. Minnesota Statutes 2012, section 239.791, subdivision 1, is amended to read:
19.25 Subdivision 1. Minimumethanol biofuel content required. (a) Except as provided
19.26in subdivisions 10 to 14, a person responsible for the product shall ensure that all gasoline
19.27sold or offered for sale in Minnesota must contain at least the quantity ofethanol biofuel
19.28 required by clause (1) or (2),whichever is greater at the option of the person responsible
19.29for the product:
19.30 (1) the greater of:
19.31 (i) 10.0 percentdenatured ethanol conventional biofuel by volume; or
20.1(2) (ii) the maximum percent of denatured ethanol conventional biofuel by volume
20.2authorized in a waiver granted by the United States Environmental Protection Agency; or
20.3 (2) 10.0 percent of a biofuel, other than a conventional biofuel, by volume authorized
20.4in a waiver granted by the United States Environmental Protection Agency or a biofuel
20.5formulation registered by the United States Environmental Protection Agency under
20.6United States Code, title 42, section 7545.
20.7 (b) For purposes of enforcing theminimum ethanol requirement of paragraph
20.8(a), clause (1), item (i), or clause (2), agasoline/ethanol gasoline/biofuel blend will be
20.9construed to be in compliance if theethanol biofuel content, exclusive of denaturants and
20.10other permitted components, comprises not less than 9.2 percent by volume and not more
20.11than 10.0 percent by volume of the blend as determined by an appropriate United States
20.12Environmental Protection Agency or American Society of Testing Materials standard
20.13method of analysisof alcohol/ether content in engine fuels.
20.14 (c)The provisions of this subdivision are suspended during any period of time that
20.15subdivision 1a, paragraph (a), is in effect. The aggregate amount of biofuel blended
20.16pursuant to this subdivision may be any biofuel; however, conventional biofuel must
20.17comprise no less than the portion specified on and after the specified dates:
20.23 Sec. 8. Minnesota Statutes 2012, section 239.791, subdivision 2a, is amended to read:
20.24 Subd. 2a. Federal Clean Air Act waivers; conditions. (a) Before a waiver granted
20.25by the United States Environmental Protection Agency undersection 211(f)(4) of the
20.26Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4),
20.27 may alter the minimum content level required by subdivision 1, paragraph (a), clause(2),
20.28or subdivision 1a, paragraph (a), clause (2) (1), item (ii), the waiver must:
20.29 (1) apply to all gasoline-powered motor vehicles irrespective of model year; and
20.30 (2) allow for special regulatory treatment of Reid vapor pressure under Code of
20.31Federal Regulations, title 40, section80.27 , paragraph (d), for blends of gasoline and
20.32ethanol up to the maximum percent of denatured ethanol by volume authorized under
20.33the waiver.
20.34 (b) The minimumethanol biofuel requirement in subdivision 1, paragraph (a), clause
20.35(2),or subdivision 1a, paragraph (a), clause (2), shall, upon the grant of the federal waiver
20.36 or authority specified in United States Code, title 42, section 7545, that allows for greater
21.1blends of gasoline and biofuel in this state, be effective the day after the commissioner
21.2of commerce publishes notice in the State Register. In making this determination, the
21.3commissioner shall consider the amount of time required by refiners, retailers, pipeline
21.4and distribution terminal companies, and other fuel suppliers, acting expeditiously, to
21.5make the operational and logistical changes required to supply fuel in compliance with
21.6the minimumethanol biofuel requirement.
21.7 Sec. 9. Minnesota Statutes 2012, section 239.791, subdivision 2b, is amended to read:
21.8 Subd. 2b. Limited liability waiver. No motor fuel shall be deemed to be a defective
21.9product by virtue of the fact that the motor fuel is formulated or blended pursuant to
21.10the requirements of subdivision 1, paragraph (a), clause (2),or subdivision 1a, under
21.11any theory of liability except for simple or willful negligence or fraud. This subdivision
21.12does not preclude an action for negligent, fraudulent, or willful acts. This subdivision
21.13does not affect a person whose liability arises under chapter 115, water pollution control;
21.14115A, waste management; 115B, environmental response and liability; 115C, leaking
21.15underground storage tanks; or 299J, pipeline safety; under public nuisance law for damage
21.16to the environment or the public health; under any other environmental or public health
21.17law; or under any environmental or public health ordinance or program of a municipality
21.18as defined in section466.01 .
21.19 Sec. 10. Minnesota Statutes 2012, section 239.7911, is amended to read:
21.20239.7911 PETROLEUM REPLACEMENT PROMOTION.
21.21 Subdivision 1. Petroleum replacement goal. The tiered petroleum replacement
21.22goal of the state of Minnesota is that biofuel comprises at least the specified portion of
21.23total gasoline sold or offered for sale in this state by each specified year:
21.24(1) at least 20 percent of the liquid fuel sold in the state is derived from renewable
21.25sources by December 31, 2015; and
21.26(2) at least 25 percent of the liquid fuel sold in the state is derived from renewable
21.27sources by December 31, 2025.
21.32 Subd. 2. Promotion of renewable liquid fuels. (a) The commissioner of agriculture,
21.33in consultation with the commissioners of commerce and the Pollution Control Agency,
21.34shall identify and implement activities necessaryfor the widespread use of renewable
22.1liquid fuels in the state to achieve the goals in subdivision 1. Beginning November
22.21, 2005, and continuing through 2015, the commissioners, or their designees, shall
22.3work with convene a task force pursuant to section 15.014 that includes representatives
22.4from the renewable fuels industry, petroleum retailers, refiners, automakers, small
22.5engine manufacturers, and other interested groups, to. The task force shall assist the
22.6commissioners in carrying out the activities in paragraph (b) and eliminating barriers to the
22.7use of greater biofuel blends in this state. The task force must coordinate efforts with the
22.8NextGen Energy Board, the biodiesel task force, and the Renewable Energy Roundtable
22.9and develop annual recommendations for administrative and legislative action.
22.10 (b) The activities of the commissioners under this subdivision shall include, but not
22.11be limited to:
22.12 (1) developing recommendations for specific, cost-effective incentives necessary
22.13to expedite the use of greater biofuel blends in this state including, but not limited to,
22.14incentives for retailers to install equipment necessaryfor dispensing to dispense renewable
22.15liquid fuels to the public;
22.16 (2) expanding the renewable-fuel options available to Minnesota consumers by
22.17obtaining federal approval for the use ofE20 and additional blends that contain a greater
22.18percentage ofethanol, including but not limited to E30 and E50, as gasoline biofuel;
22.19 (3) developing recommendationsfor ensuring to ensure that motor vehicles and
22.20small engine equipment have access to an adequate supply of fuel;
22.21 (4) working with the owners and operators of large corporate automotive fleets in the
22.22state to increase their use of renewable fuels;and
22.23 (5) working to maintain an affordable retail price for liquid fuels;
22.24 (6) facilitating the production and use of advanced biofuels in this state; and
22.25 (7) developing procedures for reporting the amount and type of biofuel under
22.26subdivision 1, and section 239.791, subdivision 1, paragraph (c).
22.27 (c) Notwithstanding section 15.014, the task force required under paragraph (a)
22.28expires on December 31, 2015.
22.29 Sec. 11. Minnesota Statutes 2012, section 296A.01, is amended by adding a
22.30subdivision to read:
22.31 Subd. 8b. Biobutanol. "Biobutanol" means isobutyl alcohol produced by
22.32fermenting agriculturally generated organic material that is to be blended with gasoline
22.33and meets either:
23.1 (1) the initial ASTM Standard Specification for Butanol for Blending with Gasoline
23.2for use as an Automotive Spark-Ignition Engine Fuel once it has been released by ASTM
23.3for general distribution; or
23.4 (2) in the absence of an ASTM Standard Specification, the following list of
23.5requirements:
23.6 (i) visually free of sediment and suspended matter;
23.7 (ii) clear and bright at the ambient temperature of 21 degrees Celsius or the ambient
23.8temperature whichever is higher;
23.9 (iii) free of any adulterant or contaminant that can render it unacceptable for its
23.10commonly used applications;
23.11 (iv) contains not less than 96 volume percent isobutyl alcohol;
23.12 (v) contains not more than 0.4 volume percent methanol;
23.13 (vi) contains not more than 1.0 volume percent water as determined by ASTM
23.14standard test method E203 or E1064;
23.15 (vii) acidity (as acetic acid) of not more than 0.007 mass percent as determined
23.16by ASTM standard test method D1613;
23.17 (viii) solvent washed gum content of not more than 5.0 milligrams per 100 milliliters
23.18as determined by ASTM standard test method D381;
23.19 (ix) sulfur content of not more than 30 parts per million as determined by ASTM
23.20standard test method D2622 or D5453; and
23.21 (x) contains not more than 4 parts per million total inorganic sulfate.
23.22 Sec. 12. REPEALER.
23.23Minnesota Statutes 2012, section 239.791, subdivision 1a, is 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;
1.6modifying provisions related to biofuel; directing the NextGen Energy Board to
1.7examine biobased chemical production from agricultural and forestry feedstocks;
1.8modifying noxious weed law; modifying definition of E85; amending Minnesota
1.9Statutes 2012, sections 17.118, subdivision 2; 18.77, subdivisions 3, 4, 10, 12;
1.1018.78, subdivision 3; 18.79, subdivisions 6, 13; 18.82, subdivision 1; 18.91,
1.11subdivisions 1, 2; 18B.01, by adding a subdivision; 18B.065, subdivision 2a;
1.1218B.07, subdivisions 4, 5, 7; 18B.26, subdivision 3; 18B.316, subdivisions 1,
1.133, 4, 8, 9; 18B.37, subdivision 4; 31.94; 41A.10, subdivision 2, by adding a
1.14subdivision; 41A.105, subdivisions 1a, 3, 5; 41A.12, by adding a subdivision;
1.1541B.04, subdivision 9; 116J.437, subdivision 1; 223.17, by adding a subdivision;
1.16232.22, by adding a subdivision; 239.051, by adding subdivisions; 239.791,
1.17subdivisions 1, 2a, 2b; 239.7911; 296A.01, subdivision 19, by adding a
1.18subdivision; proposing coding for new law in Minnesota Statutes, chapter 18;
1.19repealing Minnesota Statutes 2012, sections 18.91, subdivisions 3, 5; 18B.07,
1.20subdivision 6; 239.791, subdivision 1a.
1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.24 Section 1. Minnesota Statutes 2012, section 17.118, subdivision 2, is amended to read:
1.25 Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this
1.26subdivision have the meanings given them.
1.27 (b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed
1.28cervidae, ratitae, bison, sheep, horses, and llamas.
1.29 (c) "Qualifying expenditures" means the amount spent for:
2.1 (1) the acquisition, construction, or improvement of buildings or facilities for the
2.2production of livestock or livestock products;
2.3 (2) the development of pasture for use by livestock including, but not limited to, the
2.4acquisition, development, or improvement of:
2.5 (i) lanes used by livestock that connect pastures to a central location;
2.6 (ii) watering systems for livestock on pasture including water lines, booster pumps,
2.7and well installations;
2.8 (iii) livestock stream crossing stabilization; and
2.9 (iv) fences; or
2.10 (3) the acquisition of equipment for livestock housing, confinement, feeding, and
2.11waste management including, but not limited to, the following:
2.12 (i) freestall barns;
2.13 (ii) watering facilities;
2.14 (iii) feed storage and handling equipment;
2.15 (iv) milking parlors;
2.16 (v) robotic equipment;
2.17 (vi) scales;
2.18 (vii) milk storage and cooling facilities;
2.19 (viii) bulk tanks;
2.20 (ix) computer hardware and software and associated equipment used to monitor
2.21the productivity and feeding of livestock;
2.22 (x) manure pumping and storage facilities;
2.23 (xi) swine farrowing facilities;
2.24 (xii) swine and cattle finishing barns;
2.25 (xiii) calving facilities;
2.26 (xiv) digesters;
2.27 (xv) equipment used to produce energy;
2.28 (xvi) on-farm processing facilities equipment;
2.29 (xvii) fences; and
2.30 (xviii) livestock pens and corrals and sorting, restraining, and loading chutes.
2.31 Except for qualifying pasture development expenditures under clause (2), qualifying
2.32expenditures only include amounts that are allowed to be capitalized and deducted under
2.33either section 167 or 179 of the Internal Revenue Code in computing federal taxable
2.34income. Qualifying expenditures do not include an amount paid to refinance existing debt.
2.35
2.36
3.1
3.2
3.3 Sec. 2. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
3.4to read:
3.5 Subd. 4a. Bulk pesticide storage facility. "Bulk pesticide storage facility" means a
3.6facility that is required to have a permit under section 18B.14.
3.7 Sec. 3. Minnesota Statutes 2012, section 18B.065, subdivision 2a, is amended to read:
3.8 Subd. 2a. Disposal site requirement. (a) For agricultural waste pesticides, the
3.9commissioner must designate a place in each county of the state that is available at least
3.10every other year for persons to dispose of unused portions of agricultural pesticides. The
3.11commissioner shall consult with the person responsible for solid waste management
3.12and disposal in each county to determine an appropriate location and to advertise each
3.13collection event. The commissioner may provide a collection opportunity in a county
3.14more frequently if the commissioner determines that a collection is warranted.
3.15 (b) For nonagricultural waste pesticides, the commissioner must provide a disposal
3.16opportunity each year in each county or enter into a contract with a group of counties
3.17under a joint powers agreement or contract for household hazardous waste disposal.
3.18(c) As provided under subdivision 7, the commissioner may enter into cooperative
3.19agreements with local units of government to provide the collections required under
3.20paragraph (a) or (b) and shall provide a local unit of government, as part of the cooperative
3.21agreement, with funding for reasonable costs incurred including, but not limited to, related
3.22supplies, transportation, advertising, and disposal costs as well as reasonable overhead
3.23costs.
3.24 (d) A person who collects waste pesticide under this section shall, on a form
3.25provided or in a method approved by the commissioner, record information on each
3.26waste pesticide product collected including, but not limited to, the quantity collected
3.27and either the product name and its active ingredient or ingredients or the United States
3.28Environmental Protection Agency registration number. The person must submit this
3.29information to the commissioner at least annually by January 30.
3.30 (e) Notwithstanding the recording and reporting requirements of paragraph (d),
3.31persons are not required to record or report agricultural or nonagricultural waste pesticide
3.32collected in the remainder of 2013, 2014, and 2015. The commissioner shall analyze
3.33existing collection data to identify trends that will inform future collection strategies to
3.34better meet the needs and nature of current waste pesticide streams. By January 15, 2015,
4.1the commissioner shall report analysis, recommendations, and proposed policy changes to
4.2this program to legislative committees with jurisdiction over agriculture finance and policy.
4.3EFFECTIVE DATE.This section is effective the day following final enactment
4.4and applies to waste pesticide collected on or after that date through the end of 2015.
4.5 Sec. 4. Minnesota Statutes 2012, section 18B.07, subdivision 4, is amended to read:
4.6 Subd. 4. Pesticide storage safeguards
4.7allow a pesticide, rinsate, or unrinsed pesticide container to be stored, kept, or to remain in
4.8or on any site without safeguards adequate to prevent an incident. Pesticides may not be
4.9stored in any location with an open drain.
4.10 Sec. 5. Minnesota Statutes 2012, section 18B.07, subdivision 5, is amended to read:
4.11 Subd. 5. Use of
4.12person may not fill pesticide application equipment directly from a public water supply,
4.13as defined in section
4.14subdivision 15, unless the outlet from the
4.15prevention device that complies with and is installed in accordance with the Minnesota
4.16Plumbing Code under Minnesota Rules, parts 4715.2000 to 4715.2280. A nurse tank not
4.17connected to the water supply, an atmospheric vacuum breaker (AVB), and air gap that is
4.182.0 times the effective diameter of the outlet, a pressurized vacuum breaker (PVB), or
4.19a reduced pressure principle backflow prevention device (RPZ) must also comply with
4.20the requirements under the Minnesota Plumbing Code under Minnesota Rules, parts
4.214715.2000 to 4715.2280.
4.22(b) Cross connections between a water supply use for filling pesticide application
4.23equipment are prohibited.
4.24(c) This subdivision does not apply to permitted applications of aquatic pesticides to
4.25public waters.
4.26 Sec. 6. Minnesota Statutes 2012, section 18B.07, subdivision 7, is amended to read:
4.27 Subd. 7.
4.28restrictions. (a) A person may not
4.29pesticides or materials contaminated with pesticides could enter ditches, surface water,
4.30groundwater, wells, drains, or sewers. For wells, the setbacks established in Minnesota
4.31Rules, part 4725.4450, apply.
4.32
5.1
5.2
5.3
5.4
5.5(b) This subdivision does not apply to permitted application of aquatic pesticides to
5.6public waters.
5.7 Sec. 7. Minnesota Statutes 2012, section 18B.26, subdivision 3, is amended to read:
5.8 Subd. 3. Registration application and gross sales fee. (a) For an agricultural
5.9pesticide, a registrant shall pay an annual registration application fee for each agricultural
5.10pesticide of $350. The fee is due by December 31 preceding the year for which the
5.11application for registration is made. The fee is nonrefundable.
5.12(b) For a nonagricultural pesticide, a registrant shall pay a minimum annual
5.13registration application fee for each nonagricultural pesticide of $350. The fee is due by
5.14December 31 preceding the year for which the application for registration is made. The
5.15fee is nonrefundable. The registrant of a nonagricultural pesticide shall pay, in addition to
5.16the $350 minimum fee, a fee of 0.5 percent of annual gross sales of the nonagricultural
5.17pesticide in the state and the annual gross sales of the nonagricultural pesticide sold into
5.18the state for use in this state.
5.19
5.20if the fee due amount based on percent of annual gross sales of a nonagricultural pesticide
5.21is less than $10. The registrant shall secure sufficient sales information of nonagricultural
5.22pesticides distributed into this state from distributors and dealers, regardless of distributor
5.23location, to make a determination. Sales of nonagricultural pesticides in this state and
5.24sales of nonagricultural pesticides for use in this state by out-of-state distributors are not
5.25exempt and must be included in the registrant's annual report, as required under paragraph
5.26(g), and fees shall be paid by the registrant based upon those reported sales. Sales of
5.27nonagricultural pesticides in the state for use outside of the state are exempt from the
5.28gross sales fee in this paragraph if the registrant properly documents the sale location and
5.29distributors. A registrant paying more than the minimum fee shall pay the balance due by
5.30March 1 based on the gross sales of the nonagricultural pesticide by the registrant for the
5.31preceding calendar year. A pesticide determined by the commissioner to be a sanitizer or
5.32disinfectant is exempt from the gross sales fee.
5.33(c) For agricultural pesticides, a licensed agricultural pesticide dealer or licensed
5.34pesticide dealer shall pay a gross sales fee of 0.55 percent of annual gross sales of the
6.1agricultural pesticide in the state and the annual gross sales of the agricultural pesticide
6.2sold into the state for use in this state.
6.3(d) In those cases where a registrant first sells an agricultural pesticide in or into the
6.4state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer
6.5license and is responsible for payment of the annual gross sales fee under paragraph (c),
6.6record keeping under paragraph (i), and all other requirements of section
6.7(e) If the total annual revenue from fees collected in fiscal year 2011, 2012, or 2013,
6.8by the commissioner on the registration and sale of pesticides is less than $6,600,000, the
6.9commissioner, after a public hearing, may increase proportionally the pesticide sales and
6.10product registration fees under this chapter by the amount necessary to ensure this level
6.11of revenue is achieved. The authority under this section expires on June 30, 2014. The
6.12commissioner shall report any fee increases under this paragraph 60 days before the fee
6.13change is effective to the senate and house of representatives agriculture budget divisions.
6.14 (f) An additional fee of 50 percent of the registration application fee must be paid by
6.15the applicant for each pesticide to be registered if the application is a renewal application
6.16that is submitted after December 31.
6.17 (g) A registrant must annually report to the commissioner the amount, type and
6.18annual gross sales of each registered nonagricultural pesticide sold, offered for sale, or
6.19otherwise distributed in the state. The report shall be filed by March 1 for the previous
6.20year's registration. The commissioner shall specify the form of the report or approve
6.21the method for submittal of the report and may require additional information deemed
6.22necessary to determine the amount and type of nonagricultural pesticide annually
6.23distributed in the state. The information required shall include the brand name, United
6.24States Environmental Protection Agency registration number, and amount of each
6.25nonagricultural pesticide sold, offered for sale, or otherwise distributed in the state, but
6.26the information collected, if made public, shall be reported in a manner which does not
6.27identify a specific brand name in the report.
6.28(h) A licensed agricultural pesticide dealer or licensed pesticide dealer must annually
6.29report to the commissioner the amount, type, and annual gross sales of each registered
6.30agricultural pesticide sold, offered for sale, or otherwise distributed in the state or into the
6.31state for use in the state. The report must be filed by January 31 for the previous year's
6.32sales. The commissioner shall specify the form, contents, and approved electronic method
6.33for submittal of the report and may require additional information deemed necessary to
6.34determine the amount and type of agricultural pesticide annually distributed within the
6.35state or into the state. The information required must include the brand name, United States
7.1Environmental Protection Agency registration number, and amount of each agricultural
7.2pesticide sold, offered for sale, or otherwise distributed in the state or into the state.
7.3(i) A person who registers a pesticide with the commissioner under paragraph (b),
7.4or a registrant under paragraph (d), shall keep accurate records for five years detailing
7.5all distribution or sales transactions into the state or in the state and subject to a fee and
7.6surcharge under this section.
7.7(j) The records are subject to inspection, copying, and audit by the commissioner
7.8and must clearly demonstrate proof of payment of all applicable fees and surcharges
7.9for each registered pesticide product sold for use in this state. A person who is located
7.10outside of this state must maintain and make available records required by this subdivision
7.11in this state or pay all costs incurred by the commissioner in the inspecting, copying, or
7.12auditing of the records.
7.13(k) The commissioner may adopt by rule regulations that require persons subject
7.14to audit under this section to provide information determined by the commissioner to be
7.15necessary to enable the commissioner to perform the audit.
7.16 (l) A registrant who is required to pay more than the minimum fee for any pesticide
7.17under paragraph (b) must pay a late fee penalty of $100 for each pesticide application fee
7.18paid after March 1 in the year for which the license is to be issued.
7.19 Sec. 8. Minnesota Statutes 2012, section 18B.316, subdivision 1, is amended to read:
7.20 Subdivision 1. Requirement. (a) A person must not
7.21an agricultural pesticide in the state or into the state without first obtaining an agricultural
7.22pesticide dealer license.
7.23(b) Each location or place of business from which an agricultural pesticide is
7.24
7.25separate agricultural pesticide dealer license.
7.26(c) A person who is a licensed pesticide dealer under section
7.27to also be licensed under this subdivision.
7.28 Sec. 9. Minnesota Statutes 2012, section 18B.316, subdivision 3, is amended to read:
7.29 Subd. 3. Resident agent. A person required to be licensed under subdivisions 1
7.30and 2, or a person licensed as a pesticide dealer pursuant to section
7.31operates from a location or place of business outside the state and who
7.32for sale or sells an agricultural pesticide into the state, must continuously maintain in
7.33this state the following:
7.34(1) a registered office; and
8.1(2) a registered agent, who may be either a resident of this state whose business
8.2office or residence is identical with the registered office under clause (1), a domestic
8.3corporation or limited liability company, or a foreign corporation of limited liability
8.4company authorized to transact business in this state and having a business office identical
8.5with the registered office.
8.6A person licensed under this section or section
8.7commissioner, either at the time of initial licensing or as part of license renewal, the name,
8.8address, telephone number, and e-mail address of the licensee's registered agent.
8.9For licensees under section
8.10the registered agent.
8.11 Sec. 10. Minnesota Statutes 2012, section 18B.316, subdivision 4, is amended to read:
8.12 Subd. 4. Responsibility. The resident agent is responsible for the acts of a licensed
8.13agricultural pesticide dealer, or of a licensed pesticide dealer under section
8.14operates from a location or place of business outside the state and who
8.15for sale or sells an agricultural pesticide into the state, as well as the acts of the employees
8.16of those licensees.
8.17 Sec. 11. Minnesota Statutes 2012, section 18B.316, subdivision 8, is amended to read:
8.18 Subd. 8. Report of sales and payment to commissioner. A person who is an
8.19agricultural pesticide dealer, or is a licensed pesticide dealer under section
8.20
8.21pesticide registrant pursuant to section
8.22later than January 31 of each year report and pay applicable fees on annual gross sales
8.23of agricultural pesticides to the commissioner pursuant to requirements under section
8.25 Sec. 12. Minnesota Statutes 2012, section 18B.316, subdivision 9, is amended to read:
8.26 Subd. 9. Application. (a) A person must apply to the commissioner for an
8.27agricultural pesticide dealer license on forms and in a manner approved by the
8.28commissioner.
8.29(b) The applicant must be the person in charge of each location or place of business
8.30from which agricultural pesticides are
8.31(c) The commissioner may require that the applicant provide information regarding
8.32the applicant's proposed operations and other information considered pertinent by the
8.33commissioner.
9.1(d) The commissioner may require additional demonstration of licensee qualification
9.2if the licensee has had a license suspended or revoked, or has otherwise had a history of
9.3violations in another state or violations of this chapter.
9.4(e) A licensed agricultural pesticide dealer who changes the dealer's address or place
9.5of business must immediately notify the commissioner of the change.
9.6(f) Beginning January 1, 2011, an application for renewal of an agricultural pesticide
9.7dealer license is complete only when a report and any applicable payment of fees under
9.8subdivision 8 are received by the commissioner.
9.9 Sec. 13. Minnesota Statutes 2012, section 18B.37, subdivision 4, is amended to read:
9.10 Subd. 4.
9.11dealer, agricultural pesticide dealer, or a commercial, noncommercial, or structural pest
9.12control
9.13and maintain
9.14
9.15respond to pesticide incidents. The plan must contain the same information as forms
9.16provided by the commissioner. The plan must be kept at a principal business site or location
9.17within this state and must be submitted to the commissioner upon request
9.18
9.19 Sec. 14. Minnesota Statutes 2012, section 31.94, is amended to read:
9.2031.94 COMMISSIONER DUTIES.
9.21(a) In order to promote opportunities for organic agriculture in Minnesota, the
9.22commissioner shall:
9.23(1) survey producers and support services and organizations to determine
9.24information and research needs in the area of organic agriculture practices;
9.25(2) work with the University of Minnesota to demonstrate the on-farm applicability
9.26of organic agriculture practices to conditions in this state;
9.27(3) direct the programs of the department so as to work toward the promotion of
9.28organic agriculture in this state;
9.29(4) inform agencies of how state or federal programs could utilize and support
9.30organic agriculture practices; and
9.31(5) work closely with producers, the University of Minnesota, the Minnesota Trade
9.32Office, and other appropriate organizations to identify opportunities and needs as well
9.33as ensure coordination and avoid duplication of state agency efforts regarding research,
9.34teaching, marketing, and extension work relating to organic agriculture.
10.1(b) By November 15 of each year that ends in a zero or a five, the commissioner,
10.2in conjunction with the task force created in paragraph (c), shall report on the status of
10.3organic agriculture in Minnesota to the legislative policy and finance committees and
10.4divisions with jurisdiction over agriculture. The report must include available data on
10.5organic acreage and production, available data on the sales or market performance of
10.6organic products, and recommendations regarding programs, policies, and research efforts
10.7that will benefit Minnesota's organic agriculture sector.
10.8(c) A Minnesota Organic Advisory Task Force shall advise the commissioner and the
10.9University of Minnesota on policies and programs that will improve organic agriculture in
10.10Minnesota, including how available resources can most effectively be used for outreach,
10.11education, research, and technical assistance that meet the needs of the organic agriculture
10.12community. The task force must consist of the following residents of the state:
10.13(1) three organic farmers
10.14(2) one wholesaler or distributor of organic products;
10.15(3) one representative of organic certification agencies;
10.16(4) two organic processors;
10.17(5) one representative from University of Minnesota Extension;
10.18(6) one University of Minnesota faculty member;
10.19(7) one representative from a nonprofit organization representing producers;
10.20(8) two public members;
10.21(9) one representative from the United States Department of Agriculture;
10.22(10) one retailer of organic products; and
10.23(11) one organic consumer representative.
10.24The commissioner, in consultation with the director of the Minnesota Agricultural
10.25Experiment Station; the dean and director of University of Minnesota Extension
10.26dean of the College of Food, Agricultural and Natural Resource Sciences, shall appoint
10.27members to serve
10.28Compensation and removal of members are governed by section
10.296
10.30(d) For the purposes of expanding, improving, and developing production and
10.31marketing of the organic products of Minnesota agriculture, the commissioner may
10.32receive funds from state and federal sources and spend them, including through grants or
10.33contracts, to assist producers and processors to achieve certification, to conduct education
10.34or marketing activities, to enter into research and development partnerships, or to address
10.35production or marketing obstacles to the growth and well-being of the industry.
11.1(e) The commissioner may facilitate the registration of state organic production
11.2and handling operations including those exempt from organic certification according to
11.3Code of Federal Regulations, title 7, section 205.101, and certification agents operating
11.4within the state.
11.5 Sec. 15. Minnesota Statutes 2012, section 41A.105, subdivision 1a, is amended to read:
11.6 Subd. 1a. Definitions. For the purpose of this section:
11.7 (1) "biobased content" means a chemical, polymer, monomer, or plastic that is not
11.8sold primarily for use as food, feed, or fuel and that has a biobased percentage of at least
11.951 percent as determined by testing representative samples using American Society for
11.10Testing and Materials specification D6866;
11.11 (2) "biobased formulated product" means a product that is not sold primarily for use
11.12as food, feed, or fuel and that has a biobased content percentage of at least ten percent
11.13as determined by testing representative samples using American Society for Testing
11.14and Materials specification D6866, or that contains a biobased chemical constituent
11.15that displaces a known hazardous or toxic constituent previously used in the product
11.16formulation;
11.17
11.18
11.19agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets;
11.20forest products; or other renewable resources, including residue and waste generated
11.21from the production, processing, and marketing of agricultural products, forest products,
11.22and other renewable resources.
11.23 Sec. 16. Minnesota Statutes 2012, section 41A.105, subdivision 3, is amended to read:
11.24 Subd. 3. Duties. The board shall research and report to the commissioner of
11.25agriculture and to the legislature recommendations as to how the state can invest its
11.26resources to most efficiently achieve energy independence, agricultural and natural
11.27resources sustainability, and rural economic vitality. The board shall:
11.28 (1) examine the future of fuels, such as synthetic gases, biobutanol, hydrogen,
11.29methanol, biodiesel, and ethanol within Minnesota;
11.30 (2) examine the opportunity for biobased content and biobased formulated product
11.31production at integrated biorefineries or stand alone facilities using agricultural and
11.32forestry feedstocks;
11.33
12.1
12.2providing incentives;
12.3
12.4work together and leverage resources;
12.5
12.6and
12.7
12.8as to appropriations and results of past actions and projects.
12.9 Sec. 17. Minnesota Statutes 2012, section 41A.105, subdivision 5, is amended to read:
12.10 Subd. 5. Expiration. This section expires June 30,
12.11 Sec. 18. Minnesota Statutes 2012, section 41A.12, is amended by adding a subdivision
12.12to read:
12.13 Subd. 3a. Grant awards. Grant projects may continue for up to three years.
12.14Multiyear projects must be reevaluated by the commissioner before second- and third-year
12.15funding is approved. A project is limited to one grant for its funding.
12.16 Sec. 19. Minnesota Statutes 2012, section 41B.04, subdivision 9, is amended to read:
12.17 Subd. 9. Restructured loan agreement. (a) For a deferred restructured loan, all
12.18payments on the primary and secondary principal, all payments of interest on the secondary
12.19principal, and an agreed portion of the interest payable to the eligible agricultural lender
12.20on the primary principal must be deferred to the end of the term of the loan.
12.21(b) Interest on secondary principal must accrue at a below market interest rate.
12.22(c) At the conclusion of the term of the restructured loan, the borrower owes primary
12.23principal, secondary principal, and deferred interest on primary and secondary principal.
12.24However, part of this balloon payment may be forgiven following an appraisal by the
12.25lender and the authority to determine the current market value of the real estate subject to
12.26the mortgage. If the current market value of the land after appraisal is less than the amount
12.27of debt owed by the borrower to the lender and authority on this obligation, that portion of
12.28the obligation that exceeds the current market value of the real property must be forgiven
12.29by the lender and the authority in the following order:
12.30(1) deferred interest on secondary principal;
12.31(2) secondary principal;
12.32(3) deferred interest on primary principal;
13.1(4) primary principal as provided in an agreement between the authority and the
13.2lender; and
13.3(5) accrued but not deferred interest on primary principal.
13.4(d) For an amortized restructured loan, payments must include installments on
13.5primary principal and interest on the primary principal. An amortized restructured loan
13.6must be amortized over a time period and upon terms to be established by the authority by
13.7rule.
13.8(e) A borrower may prepay the restructured loan, with all primary and secondary
13.9principal and interest and deferred interest at any time
13.10(f) The authority may not participate in refinancing a restructured loan at the
13.11conclusion of the restructured loan.
13.12 Sec. 20. Minnesota Statutes 2012, section 223.17, is amended by adding a subdivision
13.13to read:
13.14 Subd. 7a. Bond requirements; claims. For entities licensed under this chapter
13.15and chapter 232, the bond requirements and claims against the bond are governed under
13.16section 232.22, subdivision 6a.
13.17 Sec. 21. Minnesota Statutes 2012, section 232.22, is amended by adding a subdivision
13.18to read:
13.19 Subd. 6a. Bond determinations. If a public grain warehouse operator is licensed
13.20under both this chapter and chapter 223, the warehouse shall have its bond determined
13.21by its gross annual grain purchase amount or its annual average grain storage value,
13.22whichever is greater. For those entities licensed under this chapter and chapter 223, the
13.23entire bond shall be available to any claims against the bond for claims filed under this
13.24chapter and chapter 223.
13.25 Sec. 22. Minnesota Statutes 2012, section 296A.01, subdivision 19, is amended to read:
13.26 Subd. 19. E85. "E85" means a petroleum product that is a blend of agriculturally
13.27derived denatured ethanol and gasoline or natural gasoline that
13.28than 85 percent ethanol by volume, but at a minimum must contain
13.29 percent ethanol by volume. For the purposes of this chapter, the energy content of E85
13.30will be considered to be 82,000 BTUs per gallon. E85 produced for use as a motor fuel in
13.31alternative fuel vehicles as defined in subdivision 5 must comply with ASTM specification
13.32
13.33EFFECTIVE DATE.This section is effective the day following final enactment.
14.1 Sec. 23. REVISOR'S INSTRUCTION.
14.2The revisor of statutes shall renumber Minnesota Statutes, section 18B.01,
14.3subdivision 4a, as subdivision 4b and correct any cross-references.
14.4 Sec. 24. REPEALER.
14.5Minnesota Statutes 2012, section 18B.07, subdivision 6, is repealed.
14.8 Section 1. Minnesota Statutes 2012, section 18.77, subdivision 3, is amended to read:
14.9 Subd. 3. Control. "Control" means to
14.10
14.11parts of noxious weeds from one area to another by a lawful method that does not cause
14.12unreasonable adverse effects on the environment as defined in section
14.1331
14.14
14.15 Sec. 2. Minnesota Statutes 2012, section 18.77, subdivision 4, is amended to read:
14.16 Subd. 4. Eradicate. "Eradicate" means to destroy the aboveground
14.17
14.18the maturation and spread of noxious weed propagating parts from one area to another.
14.19 Sec. 3. Minnesota Statutes 2012, section 18.77, subdivision 10, is amended to read:
14.20 Subd. 10. Permanent pasture, hay meadow, woodlot,
14.21area. "Permanent pasture, hay meadow, woodlot,
14.22area of predominantly native or seeded perennial plants that can be used for grazing or hay
14.23purposes but is not harvested on a regular basis and is not considered to be a growing crop.
14.24 Sec. 4. Minnesota Statutes 2012, section 18.77, subdivision 12, is amended to read:
14.25 Subd. 12. Propagating parts. "Propagating parts" means all plant parts, including
14.26seeds, that are capable of producing new plants.
14.27 Sec. 5. [18.771] NOXIOUS WEED CATEGORIES.
14.28(a) For purposes of this section, noxious weed category includes each of the
14.29following categories.
15.1(b) "Prohibited noxious weed" includes noxious weeds that must be controlled or
15.2eradicated on all lands within the state. Transportation of a prohibited noxious weed's
15.3propagating parts shall be restricted by permit except as allowed by section 18.82.
15.4Prohibited noxious weeds cannot be sold or propagated in Minnesota. There are two
15.5regulatory listings for prohibited noxious weeds in Minnesota:
15.6(1) The "Noxious Weed Eradicate List" is established. Prohibited noxious weeds
15.7placed on the Noxious Weed Eradicate List are plants that are not currently known to be
15.8present in Minnesota or are not widely established. These species must be eradicated.
15.9(2) The "Noxious Weed Control List" is established. Prohibited noxious weeds
15.10placed on the Noxious Weed Control List are plants that are already established throughout
15.11Minnesota or regions of the state. Species on this list must at least be controlled.
15.12(c) "Restricted noxious weeds" includes noxious weeds that are widely distributed
15.13in Minnesota, but whose only feasible means of control is to prevent their spread by
15.14prohibiting the importation, sale, and transportation of their propagating parts in the state
15.15except as allowed by section 18.82.
15.16(d) "Specially regulated plants" includes noxious weeds that may be native
15.17species or have demonstrated economic value, but also have the potential to cause harm
15.18in noncontrolled environments. Plants designated as specially regulated have been
15.19determined to pose ecological, economical, or human or animal health concerns. Species
15.20specific management plans or rules that define the use and management requirements
15.21for these plants must be developed by the commissioner of agriculture for each plant
15.22designated as specially regulated. The commissioner must also take measures to minimize
15.23the potential for harm caused by these plants.
15.24(e) "County noxious weeds" includes noxious weeds that are designated by
15.25individual county boards to be enforced as prohibited noxious weeds within the county's
15.26jurisdiction and must be approved by the commissioner of agriculture, in consultation with
15.27the Noxious Weed Advisory Committee. Each county board must submit newly proposed
15.28county noxious weeds to the commissioner of agriculture for review. Approved county
15.29noxious weeds shall also be posted with the county's general weed notice prior to May 15
15.30each year. Counties are solely responsible for developing county noxious weed lists and
15.31their enforcement.
15.32 Sec. 6. Minnesota Statutes 2012, section 18.78, subdivision 3, is amended to read:
15.33 Subd. 3.
15.34or county agricultural inspector or county-designated employee may enter into a
15.35
16.1group to establish a mutually agreed-upon noxious weed management plan for up to
16.2three years duration, whereby a noxious weed problem will be controlled without
16.3additional enforcement action. If a property owner fails to comply with the noxious weed
16.4management plan, an individual notice may be served.
16.5 Sec. 7. Minnesota Statutes 2012, section 18.79, subdivision 6, is amended to read:
16.6 Subd. 6. Training for control or eradication of noxious weeds. The commissioner
16.7shall conduct initial training considered necessary for inspectors and county-designated
16.8employees in the enforcement of the Minnesota Noxious Weed Law. The director of
16.9the Minnesota Extension
16.10public that will aid compliance with the Minnesota Noxious Weed Law. Upon request,
16.11the commissioner may provide information and other technical assistance to the county
16.12agricultural inspector or county-designated employee to aid in the performance of
16.13responsibilities specified by the county board under section
16.14 Sec. 8. Minnesota Statutes 2012, section 18.79, subdivision 13, is amended to read:
16.15 Subd. 13. Noxious weed designation. The commissioner, in consultation with the
16.16Noxious Weed Advisory Committee, shall determine which plants are noxious weeds
16.17subject to
16.18prepare, publish, and revise as necessary, but at least once every three years, a list of
16.19noxious weeds and their designated classification. The list must be distributed to the public
16.20by the commissioner who may request the help of the University of Minnesota Extension,
16.21the county agricultural inspectors, and any other organization the commissioner considers
16.22appropriate to assist in the distribution. The commissioner may, in consultation with
16.23the Noxious Weed Advisory Committee, accept and consider noxious weed designation
16.24petitions from Minnesota citizens or Minnesota organizations or associations.
16.25 Sec. 9. Minnesota Statutes 2012, section 18.82, subdivision 1, is amended to read:
16.26 Subdivision 1. Permits. Except as provided in section
16.27transport along a public highway materials or equipment containing the propagating parts of
16.28weeds designated as noxious by the commissioner, the person must secure a written permit
16.29for transportation of the material or equipment from an inspector or county-designated
16.30employee. Inspectors or county-designated employees may issue permits to persons
16.31residing or operating within their jurisdiction.
16.32
16.33
17.1of destroying propagating parts at a Department of Agriculture-approved disposal site.
17.2Anyone transporting noxious weed propagating parts for this purpose shall ensure that all
17.3materials are contained in a manner that prevents escape during transport.
17.4 Sec. 10. Minnesota Statutes 2012, section 18.91, subdivision 1, is amended to read:
17.5 Subdivision 1. Duties. The commissioner shall consult with the Noxious Weed
17.6Advisory Committee to advise the commissioner concerning responsibilities under
17.7the noxious weed control program. The committee shall
17.8invasiveness, difficulty of control, cost of control, benefits, and amount of injury caused
17.9by them. For each species evaluated, the committee shall recommend to the commissioner
17.10on which noxious weed list or lists, if any, the species should be placed. Species
17.11 designated as prohibited or restricted noxious weeds or specially regulated plants must
17.12be reevaluated every three years for a recommendation on whether or not they need to
17.13remain on the noxious weed lists. The committee shall also advise the commissioner on
17.14the implementation of the Minnesota Noxious Weed Law and assist the commissioner in
17.15the development of management criteria for each noxious weed category. Members of
17.16the committee are not entitled to reimbursement of expenses nor payment of per diem.
17.17Members shall serve two-year terms with subsequent reappointment by the commissioner.
17.18 Sec. 11. Minnesota Statutes 2012, section 18.91, subdivision 2, is amended to read:
17.19 Subd. 2. Membership. The commissioner shall appoint members, which shall
17.20include representatives from the following:
17.21(1) horticultural science, agronomy, and forestry at the University of Minnesota;
17.22(2) the nursery and landscape industry in Minnesota;
17.23(3) the seed industry in Minnesota;
17.24(4) the Department of Agriculture;
17.25(5) the Department of Natural Resources;
17.26(6) a conservation organization;
17.27(7) an environmental organization;
17.28(8) at least two farm organizations;
17.29(9) the county agricultural inspectors;
17.30(10) city, township, and county governments;
17.31(11) the Department of Transportation;
17.32(12) the University of Minnesota Extension;
17.33(13) the timber and forestry industry in Minnesota;
17.34(14) the Board of Water and Soil Resources;
18.1(15) soil and water conservation districts
18.2(16) Minnesota Association of County Land Commissioners; and
18.3(17) members as needed.
18.4 Sec. 12. REPEALER.
18.5Minnesota Statutes 2012, section 18.91, subdivisions 3 and 5, are repealed.
18.8 Section 1. Minnesota Statutes 2012, section 41A.10, subdivision 2, is amended to read:
18.9 Subd. 2. Cellulosic biofuel production goal. The state cellulosic biofuel production
18.10goal is one-quarter of the total amount necessary for
18.11section
18.12attain a total annual production level of 60,000,000 gallons, whichever is first.
18.13 Sec. 2. Minnesota Statutes 2012, section 41A.10, is amended by adding a subdivision
18.14to read:
18.15 Subd. 3. Expiration. This section expires January 1, 2015.
18.16 Sec. 3. Minnesota Statutes 2012, section 116J.437, subdivision 1, is amended to read:
18.17 Subdivision 1. Definitions. (a) For the purpose of this section, the following terms
18.18have the meanings given.
18.19 (b) "Green economy" means products, processes, methods, technologies, or services
18.20intended to do one or more of the following:
18.21 (1) increase the use of energy from renewable sources, including through achieving
18.22the renewable energy standard established in section
18.23 (2) achieve the statewide energy-savings goal established in section
18.24including energy savings achieved by the conservation investment program under section
18.26 (3) achieve the greenhouse gas emission reduction goals of section
18.27subdivision 1, including through reduction of greenhouse gas emissions, as defined in
18.28section
18.29but not limited to, carbon capture, storage, or sequestration;
18.30 (4) monitor, protect, restore, and preserve the quality of surface waters, including
18.31actions to further the purposes of the Clean Water Legacy Act as provided in section
19.1 (5) expand the use of biofuels, including by expanding the feasibility or reducing the
19.2cost of producing biofuels or the types of equipment, machinery, and vehicles that can
19.3use biofuels, including activities to achieve the
19.4
19.5 (6) increase the use of green chemistry, as defined in section
19.6For the purpose of clause (3), "green economy" includes strategies that reduce carbon
19.7emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass
19.8transit or otherwise reducing commuting for employees.
19.9 Sec. 4. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
19.10to read:
19.11 Subd. 1a. Advanced biofuel. "Advanced biofuel" has the meaning given in Public
19.12Law 110-140, title 2, subtitle A, section 201.
19.13 Sec. 5. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
19.14to read:
19.15 Subd. 5a. Biofuel. "Biofuel" means a renewable fuel with an approved pathway
19.16under authority of the federal Energy Policy Act of 2005, Public Law 109-58, as amended
19.17by the federal Energy Independence and Security Act of 2007, Public Law 110–140, and
19.18approved for sale by the United States Environmental Protection Agency. As such, biofuel
19.19includes both advanced and conventional biofuels.
19.20 Sec. 6. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
19.21to read:
19.22 Subd. 7a. Conventional biofuel. "Conventional biofuel" means ethanol derived
19.23from cornstarch, as defined in Public Law 110-140, title 2, subtitle A, section 201.
19.24 Sec. 7. Minnesota Statutes 2012, section 239.791, subdivision 1, is amended to read:
19.25 Subdivision 1. Minimum
19.26in subdivisions 10 to 14, a person responsible for the product shall ensure that all gasoline
19.27sold or offered for sale in Minnesota must contain at least the quantity of
19.28 required by clause (1) or (2),
19.29for the product:
19.30 (1) the greater of:
19.31 (i) 10.0 percent
20.1
20.2authorized in a waiver granted by the United States Environmental Protection Agency; or
20.3 (2) 10.0 percent of a biofuel, other than a conventional biofuel, by volume authorized
20.4in a waiver granted by the United States Environmental Protection Agency or a biofuel
20.5formulation registered by the United States Environmental Protection Agency under
20.6United States Code, title 42, section 7545.
20.7 (b) For purposes of enforcing the
20.8(a), clause (1), item (i), or clause (2), a
20.9construed to be in compliance if the
20.10other permitted components, comprises not less than 9.2 percent by volume and not more
20.11than 10.0 percent by volume of the blend as determined by an appropriate United States
20.12Environmental Protection Agency or American Society of Testing Materials standard
20.13method of analysis
20.14 (c)
20.15
20.16pursuant to this subdivision may be any biofuel; however, conventional biofuel must
20.17comprise no less than the portion specified on and after the specified dates:
| 20.18 |
(1) |
July 1, 2013 |
90 percent |
| 20.19 |
(2) |
January 1, 2015 |
80 percent |
| 20.20 |
(3) |
January 1, 2017 |
70 percent |
| 20.21 |
(4) |
January 1, 2020 |
60 percent |
| 20.22 |
(5) |
January 1, 2025 |
no minimum |
20.23 Sec. 8. Minnesota Statutes 2012, section 239.791, subdivision 2a, is amended to read:
20.24 Subd. 2a. Federal Clean Air Act waivers; conditions. (a) Before a waiver granted
20.25by the United States Environmental Protection Agency under
20.26
20.27 may alter the minimum content level required by subdivision 1, paragraph (a), clause
20.28
20.29 (1) apply to all gasoline-powered motor vehicles irrespective of model year; and
20.30 (2) allow for special regulatory treatment of Reid vapor pressure under Code of
20.31Federal Regulations, title 40, section
20.32ethanol up to the maximum percent of denatured ethanol by volume authorized under
20.33the waiver.
20.34 (b) The minimum
20.35(2),
20.36 or authority specified in United States Code, title 42, section 7545, that allows for greater
21.1blends of gasoline and biofuel in this state, be effective the day after the commissioner
21.2of commerce publishes notice in the State Register. In making this determination, the
21.3commissioner shall consider the amount of time required by refiners, retailers, pipeline
21.4and distribution terminal companies, and other fuel suppliers, acting expeditiously, to
21.5make the operational and logistical changes required to supply fuel in compliance with
21.6the minimum
21.7 Sec. 9. Minnesota Statutes 2012, section 239.791, subdivision 2b, is amended to read:
21.8 Subd. 2b. Limited liability waiver. No motor fuel shall be deemed to be a defective
21.9product by virtue of the fact that the motor fuel is formulated or blended pursuant to
21.10the requirements of subdivision 1, paragraph (a), clause (2),
21.11any theory of liability except for simple or willful negligence or fraud. This subdivision
21.12does not preclude an action for negligent, fraudulent, or willful acts. This subdivision
21.13does not affect a person whose liability arises under chapter 115, water pollution control;
21.14115A, waste management; 115B, environmental response and liability; 115C, leaking
21.15underground storage tanks; or 299J, pipeline safety; under public nuisance law for damage
21.16to the environment or the public health; under any other environmental or public health
21.17law; or under any environmental or public health ordinance or program of a municipality
21.18as defined in section
21.19 Sec. 10. Minnesota Statutes 2012, section 239.7911, is amended to read:
21.20239.7911 PETROLEUM REPLACEMENT PROMOTION.
21.21 Subdivision 1. Petroleum replacement goal. The tiered petroleum replacement
21.22goal of the state of Minnesota is that biofuel comprises at least the specified portion of
21.23total gasoline sold or offered for sale in this state by each specified year:
21.24
21.25
21.26
21.27
| 21.28 |
(1) |
2015 |
14 percent |
|
| 21.29 |
(2) |
2017 |
18 percent |
|
| 21.30 |
(3) |
2020 |
25 percent |
|
| 21.31 |
(4) |
2025 |
30 percent |
21.33in consultation with the commissioners of commerce and the Pollution Control Agency,
21.34shall identify and implement activities necessary
22.1
22.21, 2005, and continuing through 2015, the commissioners, or their designees, shall
22.3
22.4from the renewable fuels industry, petroleum retailers, refiners, automakers, small
22.5engine manufacturers, and other interested groups
22.6commissioners in carrying out the activities in paragraph (b) and eliminating barriers to the
22.7use of greater biofuel blends in this state. The task force must coordinate efforts with the
22.8NextGen Energy Board, the biodiesel task force, and the Renewable Energy Roundtable
22.9and develop annual recommendations for administrative and legislative action.
22.10 (b) The activities of the commissioners under this subdivision shall include, but not
22.11be limited to:
22.12 (1) developing recommendations for specific, cost-effective incentives necessary
22.13to expedite the use of greater biofuel blends in this state including, but not limited to,
22.14incentives for retailers to install equipment necessary
22.15liquid fuels to the public;
22.16 (2) expanding the renewable-fuel options available to Minnesota consumers by
22.17obtaining federal approval for the use of
22.18percentage of
22.19 (3) developing recommendations
22.20small engine equipment have access to an adequate supply of fuel;
22.21 (4) working with the owners and operators of large corporate automotive fleets in the
22.22state to increase their use of renewable fuels;
22.23 (5) working to maintain an affordable retail price for liquid fuels;
22.24 (6) facilitating the production and use of advanced biofuels in this state; and
22.25 (7) developing procedures for reporting the amount and type of biofuel under
22.26subdivision 1, and section 239.791, subdivision 1, paragraph (c).
22.27 (c) Notwithstanding section 15.014, the task force required under paragraph (a)
22.28expires on December 31, 2015.
22.29 Sec. 11. Minnesota Statutes 2012, section 296A.01, is amended by adding a
22.30subdivision to read:
22.31 Subd. 8b. Biobutanol. "Biobutanol" means isobutyl alcohol produced by
22.32fermenting agriculturally generated organic material that is to be blended with gasoline
22.33and meets either:
23.1 (1) the initial ASTM Standard Specification for Butanol for Blending with Gasoline
23.2for use as an Automotive Spark-Ignition Engine Fuel once it has been released by ASTM
23.3for general distribution; or
23.4 (2) in the absence of an ASTM Standard Specification, the following list of
23.5requirements:
23.6 (i) visually free of sediment and suspended matter;
23.7 (ii) clear and bright at the ambient temperature of 21 degrees Celsius or the ambient
23.8temperature whichever is higher;
23.9 (iii) free of any adulterant or contaminant that can render it unacceptable for its
23.10commonly used applications;
23.11 (iv) contains not less than 96 volume percent isobutyl alcohol;
23.12 (v) contains not more than 0.4 volume percent methanol;
23.13 (vi) contains not more than 1.0 volume percent water as determined by ASTM
23.14standard test method E203 or E1064;
23.15 (vii) acidity (as acetic acid) of not more than 0.007 mass percent as determined
23.16by ASTM standard test method D1613;
23.17 (viii) solvent washed gum content of not more than 5.0 milligrams per 100 milliliters
23.18as determined by ASTM standard test method D381;
23.19 (ix) sulfur content of not more than 30 parts per million as determined by ASTM
23.20standard test method D2622 or D5453; and
23.21 (x) contains not more than 4 parts per million total inorganic sulfate.
23.22 Sec. 12. REPEALER.
23.23Minnesota Statutes 2012, section 239.791, subdivision 1a, is repealed.
