1.1.................... moves to amend H.F. No. 2659 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 116.07, subdivision 7c, is amended to
1.4read:
1.5    Subd. 7c. SDS and NPDES feedlot permitting requirements. (a) The agency
1.6must issue national pollutant discharge elimination state disposal system permits for
1.7feedlots with 1,000 animal units or more and that meet the definition of a "concentrated
1.8animal feeding operation" in Code of Federal Regulations, title 40, section 122.23, based
1.9on the following:
1.10(1) a permit for a newly constructed or expanded animal feedlot that is identified as a
1.11priority by the commissioner, using criteria established under paragraph (d) in effect on
1.12January 1, 2010, must be issued as an individual permit;
1.13(2) after January 1, 2001, an existing feedlot that is identified as a priority by the
1.14commissioner, using criteria established under paragraph (e) in effect on January 1, 2010,
1.15must be issued as an individual permit; and
1.16(3) the agency must issue a general national pollutant discharge elimination state
1.17disposal system permit for animal feedlots that are not identified under clause (1) or (2).
1.18(b) Prior to the issuance of a general national pollutant discharge elimination system
1.19permit for a category of animal feedlot facility permittees, the agency must hold at least
1.20one public hearing on the permit issuance.
1.21(c) To the extent practicable, the agency must include a public notice and comment
1.22period for an individual national pollutant discharge elimination system permit concurrent
1.23with any public notice and comment for:
1.24(1) the purpose of environmental review of the same facility under chapter 116D; or
1.25(2) the purpose of obtaining a conditional use permit from a local unit of government
1.26where the local government unit is the responsible governmental unit for purposes of
1.27environmental review under chapter 116D.
2.1(d) The commissioner, in consultation with the Feedlot and Manure Management
2.2Advisory Committee, created under section 17.136, and other interested parties must
2.3develop criteria for determining whether an individual national pollutant discharge
2.4elimination system permit is required under paragraph (a), clause (1). The criteria must
2.5be based on proximity to waters of the state, facility design, and other site-specific
2.6environmental factors If a feedlot is required to have a national pollutant discharge
2.7elimination system permit under federal rules, the agency shall issue a joint state disposal
2.8system and national pollutant discharge elimination system permit for the feedlot. A
2.9feedlot may choose to apply for a national pollutant discharge elimination system permit
2.10even if the feedlot is not required to have a national pollutant discharge elimination
2.11system permit.
2.12(e) The commissioner, in consultation with the Feedlot and Manure Management
2.13Advisory Committee, created under section 17.136, and other interested parties must
2.14develop criteria for determining whether an individual national pollutant discharge
2.15elimination system permit is required for an existing animal feedlot, under paragraph (a),
2.16clause (2). The criteria must be based on violations and other compliance problems at the
2.17facility If a feedlot is required to have a federal new construction stormwater permit, the
2.18commissioner shall incorporate that permit into a state disposal system permit or national
2.19pollutant discharge elimination system permit required under this subdivision.
2.20(f) The commissioner, in consultation with the Feedlot and Manure Management
2.21Advisory Committee, created under section 17.136, and other interested parties must
2.22develop criteria for determining when an individual national pollutant discharge
2.23elimination system permit is transferred from individual to general permit status.
2.24(g) Notwithstanding the provisions in paragraph (a), until January 1, 2001, the
2.25commissioner may issue an individual national pollutant discharge elimination system
2.26permit for an animal feedlot. After the general permit is issued and the criteria under
2.27paragraphs (d) and (e) are developed, individual permits issued pursuant to this paragraph
2.28that do not fit the criteria for an individual permit under the applicable provisions of
2.29paragraph (d) or (e) must be transferred to general permit status.
2.30(h) The commissioner, in consultation with the Feedlot and Manure Management
2.31Advisory Committee, created under section 17.136, and other interested parties must
2.32develop criteria for determining which feedlots are required to apply for and obtain a
2.33national pollutant discharge elimination system permit and which feedlots are required to
2.34apply for and obtain a state disposal system permit based upon the actual or potential to
2.35discharge.
3.1EFFECTIVE DATE. Except for subdivision 7c, clause (1), this section is effective
3.2following final enactment. Subdivision 7c, clause (1), is effective on January 1, 2011."