ST. PAUL, MN – House File 2887, authored by Rep. Jeff Backer (R-Browns Valley), was approved by the Minnesota House of Representatives today by a bipartisan vote of 69-56. HF 2887 prevents the Minnesota Department of Agriculture from adopting mandatory rules, or “water resource protection requirements,” for nitrogen fertilizers unless the proposed rules are approved by the Legislature.
“I share the Governor’s goal in ensuring that Minnesota’s groundwater is clean and usable for future generations of Minnesotans,” said Rep. Backer. “However, the timing of these proposed rules gave the Legislature little time to vet the proposal through the committee process. We must make sure that future rulemaking proposals undergo a rigorous and public vetting process to guarantee that the thoughts and concerns of all interested parties are heard. Farmers are some of the best stewards of our land and resources, this legislation will ensure that they will not see unnecessary regulations related to nitrates without first undergoing a fair and transparent process.”
Last week, legislators urged the governor to release the text of the proposed rule prior to its submission to the State Register to allow farmers, agriculture groups, legislators, and the public additional time to review and submit feedback. In a letter Monday, Governor Dayton indicated he had the text of the rule in his possession, but declined to release it before its submission to the State Register.
"Governor Dayton's refusal to allow additional input before taking the next step in the rulemaking process is exactly the reason we need to pass Rep. Backer's bill," added Rep. Rod Hamilton, R-Mountain Lake, Chair of the House Agriculture Committee. "If the rule goes to the State Register, it will be just one step away from being finalized and leave farmers with few available options if it proves to be overly burdensome or unworkable. Last week's buffer mess could have been an opportunity for a course correction. Instead, Governor Dayton is moving full-steam ahead, ignoring the requests of farmers, legislators, and other stakeholders."
The Minnesota Department of Agriculture is currently undertaking a rulemaking process, under authority granted in the 1989 Groundwater Protection Act, to regulate the fall application of nitrogen fertilizer in areas it has deemed vulnerable to nitrate pollution.
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