1.1.................... moves to amend H.F. No. 1611 as follows:
1.2Page 1, after line 16, insert:

1.3    "Section 1. Minnesota Statutes 2010, section 17.459, subdivision 2, is amended to read:
1.4    Subd. 2. Agricultural pursuit. Raising horses and other equines is agricultural
1.5production and an agricultural pursuit. Horse breeding farms, horse training farms, horse
1.6boarding farms, or farms combining those purposes, are an intensive agricultural use that
1.7may be accomplished on limited acreage. These intensive agricultural uses are necessary
1.8for horses in order to control the feeding, safety, and overall condition of the animals."
1.9Page 13, after line 29, insert:

1.10    "Sec. 29. [32C.01] ORGANIZATION.
1.11    Subdivision 1. Establishment. The Dairy Research, Teaching, and Consumer
1.12Education Authority is established as a public corporation. The business of the authority
1.13must be conducted under the name "Dairy Research, Teaching, and Consumer Education
1.14Authority."
1.15    Subd. 2. Board of directors. The authority is governed by a board of nine directors.
1.16The term of a director, except as otherwise provided in this subdivision, is four years.
1.17The commissioner of agriculture is a member of the board. The governor shall appoint
1.18four members of the board. Two of the members appointed by the governor must be
1.19currently engaged in the business of operating a dairy. Two of the members appointed
1.20by the governor must be representatives of Minnesota-based businesses actively engaged
1.21in working with or serving Minnesota's dairy industry. The dean of the University of
1.22Minnesota College of Food, Agriculture and Natural Resource Sciences, or the dean's
1.23designee, is a member of the board. One member of the board must be a representative
1.24of a state trade association that represents the interests of milk producers. One member
1.25of the board must be a representative of the Minnesota Division of the Midwest Dairy
1.26Council. One member of the board must be a member of the agricultural education
2.1faculty of the Minnesota State Colleges and Universities System. The four members of
2.2the initial board of directors who are appointed by the governor must be appointed for
2.3terms of four years, and the other four members must be appointed for an initial term of
2.4two years. Vacancies for the governor's appointed positions on the board must be filled by
2.5appointment of the governor. Vacancies for other positions on the board must be filled
2.6by the named represented entities. Board members must not be compensated for their
2.7services other than to be reimbursed for reasonable expenses incurred in connection with
2.8their duties as board members. This reimbursement must be reviewed annually by the
2.9commissioner of management and budget.
2.10    Subd. 3. Bylaws. The board must adopt bylaws necessary for the conduct of the
2.11business of the authority, consistent with this chapter.
2.12    Subd. 4. Place of business. The board must locate and maintain the authority's
2.13place of business within the state.
2.14    Subd. 5. Chair. The board must annually elect from among its members a chair and
2.15other officers necessary for the performance of its duties.
2.16    Subd. 6. Meetings. The board must meet at least four times each year and may hold
2.17additional meetings upon giving notice in accordance with the bylaws of the authority.
2.18Board meetings are subject to chapter 13D.
2.19    Subd. 7. Conflict of interest. A director, employee, or officer of the authority may
2.20not participate in or vote on a decision of the board relating to an organization in which
2.21the director has either a direct or indirect financial interest.
2.22    Subd. 8. Economic interest statements. Directors and officers of the authority are
2.23public officials for the purpose of section 10A.09, and must file statements of economic
2.24interest with the Campaign Finance and Public Disclosure Board.

2.25    Sec. 30. [32C.02] POWERS.
2.26    Subdivision 1. General corporate powers. (a) The authority has the powers granted
2.27to a business corporation by section 302A.161, subdivisions 3; 4; 5; 7; 8; 9; 11; 12; 13,
2.28except that the authority may not act as a general partner in any partnership; 14; 15; 16; 17;
2.2918; and 22, and the powers necessary or convenient to exercise the enumerated powers.
2.30(b) Section 302A.041 applies to this chapter and the authority in the same manner
2.31that it applies to business corporations established under chapter 302A.
2.32    Subd. 2. Facility design; development and operation. The authority may enter into
2.33management contracts, lease agreements, or both, with a Minnesota nonprofit corporation
2.34to design, develop, and operate a facility to further the purposes of this chapter at the site
3.1determined by the board and on the terms that the board finds desirable. The board must
3.2identify and acquire a site that will accommodate the following facilities and activities:
3.3(1) housing for bred and lactating animals;
3.4(2) milking parlor;
3.5(3) automatic milking systems;
3.6(4) cross-ventilated and natural-ventilated housing;
3.7(5) transition cow housing;
3.8(6) special needs and hospital housing;
3.9(7) classrooms and a conference room;
3.10(8) dairy processing facility with retail;
3.11(9) visitors center;
3.12(10) student housing;
3.13(11) laboratory facilities;
3.14(12) space to accommodate installation of an anaerobic digester system to research
3.15energy production from feedstock produced on-site or from off-site sources; and
3.16(13) space for feed storage to allow for research capabilities at the facility.
3.17Notwithstanding the provisions of section 32C.02, subdivision 7, relating to conflict
3.18of interest, a director or officer of the authority who is also a director, officer, or member
3.19of a nonprofit corporation with which the authority enters into management contracts or
3.20lease agreements may participate in and vote on the decision of the board as to the terms
3.21and conditions of management contracts or lease agreements between the Minnesota
3.22nonprofit corporation and the authority.
3.23    Subd. 3. Funds. The authority may accept and use gifts, grants, or contributions
3.24from any source to support operation of the facility. Unless otherwise restricted by the
3.25terms of a gift or bequest, the board may sell, exchange, or otherwise dispose of, and
3.26invest or reinvest the money, securities, or other property given or bequeathed to it. The
3.27principal of these funds, the income from them, and all other revenues received by the
3.28authority from any nonstate source must be placed in depositories chosen by the board
3.29and are subject to expenditure for the board's purposes. Expenditures of $25,000 or more
3.30must be approved by the full board.
3.31    Subd. 4. Animals; regulation. The authority must comply with all applicable
3.32laws and rules relating to quarantine, transportation, examination, habitation, care, and
3.33treatment of animals.

3.34    Sec. 31. [32C.03] EMPLOYEES.
4.1(a) The board may hire an executive director of the authority and other employees
4.2the board considers necessary to carry out the program, conduct research, and operate and
4.3maintain facilities of the authority.
4.4(b) Persons employed by contractors or lessees are not state employees and may
4.5not participate in state retirement, deferred compensation, insurance, or other plans that
4.6apply to state employees generally and are not subject to regulation by the Campaign
4.7Finance and Public Disclosure Board, provided, however, that any employee of the state
4.8or any employee or faculty member of the University of Minnesota or Minnesota State
4.9Colleges and Universities System who teaches or conducts research at the authority does
4.10not have their status as employees of the state, University of Minnesota, or Minnesota
4.11State Colleges and Universities System interrupted by virtue of having their employment
4.12activity take place at facilities owned by the authority.

4.13    Sec. 32. [32C.04] ACCOUNTS; AUDITS.
4.14The authority may establish funds and accounts that it determines to be reasonable
4.15and necessary to conduct the business of the authority. The board shall provide for and
4.16pay the cost of an independent annual audit of its official books and records by the state
4.17auditor. A copy of this audit must be filed with the secretary of state.

4.18    Sec. 33. [32C.05] ANNUAL REPORT.
4.19The board shall submit a report to the chairs of the senate and house of
4.20representatives agriculture committees and the governor on the activities of the authority
4.21and its contractors and lessees by February 1 of each year. The report must include at
4.22least the following:
4.23(1) a description of each of the programs that the authority has provided or
4.24undertaken at some time during the previous year;
4.25(2) an identification of the sources of funding in the previous year for the authority's
4.26programs including federal, state, and local government, foundation, gifts, donations,
4.27fees, and all other sources;
4.28(3) a description of the administrative expenses of the authority during the previous
4.29year;
4.30(4) a listing of the assets and liabilities of the authority at the end of the previous
4.31fiscal year;
4.32(5) a description of any changes made to the operational plan during the previous
4.33year; and
5.1(6) a description of any newly adopted or significant changes to bylaws, policies,
5.2rules, or programs created or administered by the authority during the previous year.
5.3Reports must be made to the legislature as required by section 3.195.

5.4    Sec. 34. [32C.06] PROPERTY TAX EXEMPTION.
5.5Property of the authority is exempt from taxation on its value in the same manner as
5.6property listed in section 272.02."
5.7Page 15, after line 25, insert:

5.8    "Sec. 38. Minnesota Statutes 2010, section 41A.105, is amended by adding a
5.9subdivision to read:
5.10    Subd. 1a. Definitions. For the purpose of this section:
5.11(1) "biobutanol facility" means a facility at which biobutanol is produced; and
5.12(2) "biobutanol" means fermentation isobutyl alcohol that is derived from
5.13agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets;
5.14forest products; or other renewable resources, including residue and waste generated
5.15from the production, processing, and marketing of agricultural products, forest products,
5.16and other renewable resources.

5.17    Sec. 39. Minnesota Statutes 2010, section 41A.12, subdivision 2, is amended to read:
5.18    Subd. 2. Activities authorized. For the purposes of this program, the commissioner
5.19may issue grants, loans, or other forms of financial assistance. Eligible activities include,
5.20but are not limited to, grants to livestock producers under the livestock investment grant
5.21program under section 17.118, bioenergy awards made by the NextGen Energy Board
5.22under section 41A.105, cost-share grants for the installation of biofuel blender pumps, and
5.23financial assistance to support other rural economic infrastructure activities.

5.24    Sec. 40. Minnesota Statutes 2010, section 41A.12, subdivision 4, is amended to read:
5.25    Subd. 4. Sunset. This section expires on June 30, 2013 2015.

5.26    Sec. 41. Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision
5.27to read:
5.28    Subd. 11. Aquatic application of pesticides. (a) The agency may issue National
5.29Pollutant Discharge Elimination System permits for pesticide applications to waters of the
5.30United States that are required by federal law or rule. The agency shall not require permits
5.31for aquatic pesticide applications beyond what is required by federal law or rule.
6.1(b) The agency shall not regulate or require permits for the terrestrial application
6.2of pesticides.

6.3    Sec. 42. Minnesota Statutes 2010, section 116.07, subdivision 7d, is amended to read:
6.4    Subd. 7d. Exemption. (a) Notwithstanding subdivision 7 or Minnesota Rules,
6.5chapter 7020, to the contrary, and notwithstanding the proximity to public or private
6.6waters, an owner or resident of agricultural land on which livestock have been allowed to
6.7pasture as defined by Minnesota Rules, chapter 7020, at any time during the ten-year period
6.8beginning January 1, 1990 2010, is permanently exempt from requirements related to
6.9feedlot or manure management on that land for so long as the property remains in pasture.
6.10(b) For the purposes of this subdivision, "pasture" means areas where livestock graze
6.11on grass or other growing plants. Pasture also means agricultural land where livestock are
6.12allowed to forage during the winter time and which land is used for cropping purposes
6.13in the growing season. In either case, the concentration of animals must be such that a
6.14vegetative cover, whether of grass, growing plants, or crops, is maintained during the
6.15growing season except in the immediate vicinity of temporary supplemental feeding or
6.16watering devices."
6.17Page 23, after line 3, insert:

6.18    "Sec. 58. Laws 2011, chapter 14, section 5, is amended to read:

6.19 6.20

Sec. 5. AGRICULTURAL UTILIZATION RESEARCH INSTITUTE

$

2,643,000

$

2,643,000

6.21The executive director of the agricultural
6.22utilization research institute must submit
6.23a detailed accomplishment report and
6.24a work plan detailing future plans for,
6.25and anticipated accomplishments from,
6.26expenditures under these appropriations to
6.27the chairs and ranking minority members of
6.28the legislative committees with jurisdiction
6.29over agricultural policy and finance on
6.30or before the start of each fiscal year. If
6.31significant changes are made to the plans in
6.32the course of the year, the executive director
6.33must notify the chairs and ranking minority
6.34members.

7.1    Sec. 59. Laws 2011, chapter 14, section 6, is amended to read:
7.2    Sec. 6. Minnesota Statutes 2010, section 17.135, is amended to read:
7.317.135 FARM DISPOSAL OF SOLID WASTE.
7.4(a) A permit is not required from a state agency, except under sections 88.16,
7.588.17 , and 88.22 for a person who owns or operates land used for farming that buries,
7.6or burns and buries:
7.7(1) solid waste generated from the person's household or as part of the person's
7.8farming operation; or
7.9(2) concrete or reinforcing bar from a building or structure located on the land
7.10used for farming.
7.11Items in clauses (1) and (2) must be buried in a nuisance-free, pollution-free, and
7.12aesthetic manner on the land used for farming. The exception in clause (1) does not
7.13apply if regularly scheduled pickup of solid waste is reasonably available at the person's
7.14farm, as determined by resolution of the county board of the county where the person's
7.15farm is located.
7.16(b) The exemption in paragraph (a), clause (1), does not apply to burning tires or
7.17plastics, except plastic baling twine, or to burning or burial of the following materials:
7.18(1) household hazardous waste as defined in section 115A.96, subdivision 1;
7.19(2) appliances, including but not limited to, major appliances as defined in section
7.20115A.03, subdivision 17a ;
7.21(3) household batteries;
7.22(4) used motor oil; and
7.23(5) lead acid batteries from motor vehicles.
7.24(c) Within 90 days after completion of the burial, an owner of land used for farming
7.25who buries material under the authority of paragraph (a), clause (2), shall record, with the
7.26county recorder or registrar of titles of the county in which the land is located, an affidavit
7.27containing a legal description of the property and a map drawn from available information
7.28showing the boundary of the property and the location of concrete or reinforcing bar
7.29buried on the property. The county recorder or registrar of titles must record an affidavit
7.30presented under this paragraph in a manner that ensures its disclosure in the ordinary
7.31course of a title search of the subject property.
7.32EFFECTIVE DATE.This section is effective April 16, 2011.

7.33    Sec. 60. Laws 2011, chapter 14, section 7, is amended to read:
7.34    Sec. 7. Minnesota Statutes 2010, section 18B.03, subdivision 1, is amended to read:
8.1    Subdivision 1. Administration by commissioner. The commissioner shall
8.2administer, implement, and enforce this chapter and the Department of Agriculture
8.3is the lead state agency for the regulation of pesticides. The commissioner has the
8.4sole regulatory authority over the terrestrial application of pesticides, including, but
8.5not limited to, the application of pesticides to agricultural crops, structures, and other
8.6nonaquatic environments. Except as provided in subdivision 3, a state agency other than
8.7the Department of Agriculture shall not regulate or require permits for the terrestrial
8.8or nonaquatic application of pesticides."
8.9Page 23, line 10, after "sections" insert "17.459, subdivision 3;"
8.10Page 23, line 11, delete "and" and before "are repealed" delete the comma and insert
8.11"; 395.14; 395.15; 395.16; 395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23; and
8.12395.24,"
8.13Renumber the sections in sequence and correct the internal references
8.14Amend the title accordingly