Senate Counsel, Research
and Fiscal Analysis
Minnesota Senate Bldg.
95 University Avenue W. Suite 3300
St. Paul, MN 55155
(651) 296-4791
Alexis C. Stangl
Director
   Senate   
State of Minnesota
 
 
 
 
 
S.F. No. 1160 - Agriculture Policy, Second Engrossment
 
Author: Senator Dan Sparks
 
Prepared By:
 
Date: April 22, 2013



 

Senate File 1160 is a policy bill comprised of three articles.  Article 1 contains technical and policy changes recommended by the Minnesota Department of Agriculture (MDA) and several amendments in committee.  Article 2 contains the contents of the 2013 biofuel law changes from SF 448 (Sparks).  Article 3 contains changes to Minnesota’s noxious weed law recommended by the MDA. The changes include establishing noxious weed categories in law that will be used by the Commissioner of Agriculture in designating noxious weeds and removing the sunset date for the Noxious Weed Advisory Committee.

ARTICLE 1

POLICY AND TECHNICAL CHANGES

Section 1 [Definitions; livestock investment grants] strikes the term “qualifying period” for the livestock investment grant program.

Section 2 [Definition; pesticide law] defines “bulk pesticide storage facility" for the purposes of the pesticide law.

Section 3 [Pesticide storage] prohibits pesticides stored in the immediate area of an open drain, unless a safeguard is provided.

Section 4 [Use of water supplies for filling pesticide application equipment] combines restrictions when using public waters with the current restrictions when using public water supplies.  This section also adds restrictions on the use of nurse tanks and prohibits cross connections between a water supply used for filling pesticide application equipment.

Section 5 [Pesticide handling restrictions] renames a subdivision on pesticide handling restrictions.

Section 6 [Pesticide registration fee] makes a technical change in describing when a pesticide registration fee is not due.

Section 7 [Pesticide education and training] provides for updating the pesticide education and training manual.  This is from SF 550 (Marty), as amended in committee.

Sections 8 to 12 [Technical] replace the word “distribute” with “offers for sale” for the purpose of determining the need for pesticide dealer licensing.

Section 13 [Incident response plan] narrows the focus of the subdivision to requiring an incident response plan.

Section 14 [Minnesota Organic Advisory Task Force] clarifies that three of the members of the Minnesota Organic Advisory Task Force must be organic farmers, makes the terms on the task force three-year terms without staggering, and extends the task force an additional three years until 2016.

Section 15 [NextGen Energy Board extension] extends the sunset date for the NextGen Energy Board an additional year to June 30, 2015.

Section 16 [AGRI program grants] allows grants for the agricultural growth, research, and innovation (AGRI) program to continue for up to three years.

Section 17 [AGRI program report] requires an annual report to the legislature on the AGRI program.

Section 18 [RFA restructured loans] allows the Rural Finance Authority (RFA) to charge a prepayment penalty on its restructured loans.

Section 19 [MAELC extension] extends the sunset date for the Minnesota Agricultural Education Leadership Council (MAELC) for an additional five years to 2018.  This is from SF 320 (Sparks).

Section 20 [AURI Board] limits appointments to the Board of Directors for the Agricultural Utilization Research Institute (AURI) to four terms.

Sections 21 and 22 [Grain buyer and warehouse operator bonds] clarifies that if an entity is licensed as both a grain buyer and a grain warehouse operator, the bond determination will be based its gross annual grain purchase amount or its annual average grain storage value, whichever is greater.

Section 23 [E85 definition] removes the minimum content required for E85 fuel.

Section 24 [Farmer-lender mediation] extends the farmer-lender mediation program an additional two years until 2015. This is a modified version of SF 253 (Sparks).

Section 25 [Waste pesticide reporting; 2013, 2014, and 2015] exempts persons who collect waste pesticides from reporting requirements in 2013, 2014, and 2015 and requires a report from the Commissioner of Agriculture, by January 15, 2015, on recommendations for waste pesticide collection reporting.

Section 26 [Pesticide applicator training material update] requires the MDA to update training materials for pesticide applicators by the end of 2017.

Section 27 [Revisor instruction] instructs the Revisor of the Statutes to renumber a definition to keep them in alphabetical order.

Section 28 [Repealer] repeals the current provision on restrictions when filling pesticide equipment from public waters that was combined with restrictions when filling from a public water supply.

ARTICLE 2

BIOFUELS

Section 1 [Cellulosic biofuel production goal] makes a technical changes related to the changes on the biofuel content requirements in the bill.

Section 2 [Expiration; cellulosic biofuel production goal] provides an expiration date of January 1, 2015, to the cellulosic biofuel production goal.

Sections 3 and 4 [Biobased chemicals] directs the NextGen Board to examine opportunities for biobased chemicals. These are from SF 1288 (Sparks).

Section 5 [Green economy definition] modifies the definition of “green economy” by using the petroleum replacement goal (modified in this bill) instead of the cellulosic biofuel replacement goal and the 25 by 25 goal.

Section 6 [Advanced biofuel definition] provides a definition of advanced biofuel based on the federal definition in the Energy Independence and Security Act of 2007.  The definition reads:

                                              “(B) Advanced biofuel.--

                          ``(i) In general.--The term `advanced biofuel'

                      means renewable fuel, other than ethanol derived

                      from corn starch, that has lifecycle greenhouse

                      gas emissions, as determined by the Administrator,

                      after notice and opportunity for comment, that are

                      at least 50 percent less than baseline lifecycle

                      greenhouse gas emissions.

                          ``(ii) Inclusions.--The types of fuels

                      eligible for consideration as `advanced biofuel'

                      may include any of the following:

                                    ``(I) Ethanol derived from

                                cellulose, hemicellulose, or lignin.

                                    ``(II) Ethanol derived from sugar or

                                starch (other than corn starch).

                                    ``(III) Ethanol derived from waste

                                material, including crop residue, other

                                vegetative waste material, animal waste,

                                and food waste and yard waste.

                                    ``(IV) Biomass-based diesel.

                                    ``(V) Biogas (including landfill gas

                                and sewage waste treatment gas) produced

                                through the conversion of organic matter

                                from renewable biomass.

                                    ``(VI) Butanol or other alcohols

                                produced through the conversion of

                                organic matter from renewable biomass.

                                    ``(VII) Other fuel derived from

                                cellulosic biomass.”

Section 7 [Biofuel definition] defines “biofuel” as a renewable fuel with an approved pathway under the federal Energy Policy Act of 2005, as amended by the Energy Independence and Security Act of 2007, and approved for sale by the US EPA.  The definition includes both advanced biofuels and conventional biofuels that have an approved pathway.

Section 8 [Conventional biofuel definition] defines “conventional biofuel” as ethanol derived from cornstarch, as defined in the federal Energy Independence and Security Act of 2007.

Section 9 [Gasoline blending] allows for the use of other biofuels to be blended with gasoline and sold in the state.

Section 10 [Minimum biofuel content required] modifies the current ethanol minimum content requirement to allow all biofuels with a schedule for requiring the proportion of conventional biofuels to be part of the mix.  Beginning July 1, 2013, the biofuel content mandate must be met by including at least 90 percent conventional biofuel (ethanol from cornstarch) as part of the ten percent biofuel blend.  The amount of conventional biofuel that must be included in the minimum biofuel content requirement decreases over time until January 1, 2025, when any biofuel may be used in meeting the minimum content requirement.

Section 11 [Federal Clean Air Act waivers] allows federal registration in addition to a waiver to require higher biofuel blends in the minimum content requirement.  This section also makes conforming technical changes.

Section 12 [Limited liability waiver] makes conforming technical changes.

Section 13 [Petroleum replacement goal] modifies the petroleum replacement goal to specify “biofuels” rather than “renewable sources” and amends the goals.  The ultimate goal is 30 percent in 2025.  This section also requires the industry representatives consulted and other interested parties to assist in the activities of the Commissioners of Agriculture, Commerce, and PCA to achieve the petroleum replacement goals and adds facilitating the production and use of advanced biofuels and procedures for reporting to the list of activities required of the commissioners.

Section 14 [Biobutanol definition] adds the definition of “biobutanol” to the petroleum tax chapter.

Section 15 [Repealer] repeals an obsolete provision requiring a 20 percent ethanol mandate under certain conditions. This mandate can occur under other provisions of law if those conditions are met.

ARTICLE 3

MINNESOTA NOXIOUS WEED LAW

 

Sections 1 to 4 [Definitions] make technical changes to definitions.

Section 5 [Noxious weed categories] provide the noxious weed categories for designation by the Commissioner of Agriculture.  The categories for designation are:

  1. “Prohibited noxious weed”
    1. “Noxious weed eradicate list”
    2. “Noxious weed control list”
  2. “Restricted noxious weeds”
  3. “Specialty regulated plants”
  4. “County noxious weeds”

Sections 6 to 8 [Technical] make technical changes to the noxious weed law.

Section 9 [Permits] clarifies that a permit is not needed when transporting noxious weeds to an MDA-approved disposal site and they are contained during transport.

Section 10 [Advisory Committee duties] adds advising the MDA on implementing the noxious weed law and development of management criteria for each of the categories of noxious weeds to the duties of the Noxious Weed Advisory Committee. These duties are being recodified from a subdivision repealed in Section 12.

Section 11 [Advisory Committee membership] adds a member from the Minnesota Association of Land Commissioners and other members as needed to the membership of the Noxious Weed Advisory Committee.

Section 12 [Repealer] repeals additional duties of the Noxious Weed Advisory Committee, which are included in their regular duties under Section 10, and the sunset date for the committee.

GK:dv

 

 

 

 

 
Check on the status of this bill
 
Back to Senate Counsel and Research Bill Summaries page
 

 
This page is maintained by the Office of Senate Counsel, Research, and Fiscal Analysis for the Minnesota Senate.
 
Last review or update: 04/22/2013
 
If you see any errors on this page, please e-mail us at webmaster@senate.mn