1.1 	A bill for an act
1.2 	relating to groundwater protection; providing
1.3 	restrictions on the use of chloro-s-triazine
1.4 	herbicides under certain circumstances; proposing
1.5 	coding for new law in Minnesota Statutes, chapter 18B.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [18B.118] CONTINGENT RESTRICTIONS ON THE
1.8 	APPLICATION OF ATRAZINE.
1.9 		Subdivision 1.Policy statement; findings. The
1.10 	legislature finds that contamination of surface water and
1.11 	groundwater of the state by atrazine represents a growing and
1.12 	unacceptable risk to the health and well-being of state
1.13 	residents, especially infants and children.  Approximately 25
1.14 	percent of Minnesotans get their drinking water from private
1.15 	wells drawing directly from groundwater.  In addition, 90
1.16 	percent of the public water supply systems use groundwater
1.17 	sources.  The clearly stated water quality protection policies
1.18 	of the state have not been sufficient to protect this
1.19 	groundwater.  The legislature finds further that in those
1.20 	locations where groundwater or surface water is contaminated by
1.21 	atrazine herbicides, it is in the public interest to impose a
1.22 	temporary moratorium on the further application of these
1.23 	herbicides.
1.24 		Subd. 2.Definitions. (a) The definitions in this
1.25 	subdivision apply to this section.
2.1 	(b) "Atrazine" means a chloro-s-triazine herbicide or an
2.2 	herbicide mix containing more than five percent
2.3 	chloro-s-triazine herbicide.  For purposes of laboratory test
2.4 	results, atrazine means atrazine as defined plus the principal
2.5 	metabolites of atrazine:  de-ethyl atrazine, deisopropyl
2.6 	atrazine and diamino atrazine.
2.7 	(c) "Manufacturer" means a commercial entity that registers
2.8 	atrazine herbicide with the United States Environmental
2.9 	Protection Agency or the commissioner of agriculture.
2.10 		Subd. 3.Preapplication requirements; sampling;
2.11 	laboratory testing. (a) A person must not apply atrazine to
2.12 	agricultural land in Minnesota until the requirements of
2.13 	paragraphs (b) to (e) have been met.
2.14 	(b) Each manufacturer of a pesticide or herbicide
2.15 	containing atrazine registered with the commissioner of
2.16 	agriculture and offered for sale in Minnesota or applied to
2.17 	agricultural land in Minnesota must provide to all persons
2.18 	licensed to apply the herbicide in Minnesota information on how
2.19 	to contact the manufacturer and forms on which the person may
2.20 	indicate the intent to apply atrazine.
2.21 	(c) At least 15 calendar days before a person applies
2.22 	atrazine herbicide on agricultural land, the person must notify
2.23 	the manufacturer of the intent to apply.  The notice must
2.24 	indicate the specific location and number of acres of each
2.25 	proposed application site, the proposed date of the application,
2.26 	the crop growing or to be grown at the site, the proposed
2.27 	application rate, and other information the commissioner
2.28 	requires.  Upon receipt of a notification, the manufacturer must
2.29 	initiate a site evaluation to determine any existing atrazine
2.30 	contamination as provided in paragraph (d).
2.31 	(d) The procedure for evaluating existing atrazine
2.32 	contamination on or near the site of a proposed atrazine
2.33 	application must include the collection of water or soil
2.34 	samples.  Each water or soil sample must be collected by a
2.35 	trained sampler approved by the commissioner of health.  The
2.36 	sample must be tested in a laboratory designated by the
3.1 	commissioner of health.  The sampler must not be an employee of
3.2 	the manufacturer.  The manufacturer may contract for the
3.3 	services of a qualified independent sampler or with counties to
3.4 	collect the samples.
3.5 	(e) If the site of the proposed atrazine application is a
3.6 	contiguous area of less than 160 acres, a sample may be
3.7 	collected at the outlet of a drainage tile serving the site.  If
3.8 	there exists on or within 1,000 feet of the site of the proposed
3.9 	application a water well used as the source for potable
3.10 	residential water or for livestock, a sample also must be drawn
3.11 	from the well.  If there is no potable water well and no tile
3.12 	outlet or other available source for a sample, the sampler may
3.13 	obtain a soil sample from an appropriate depth beneath the
3.14 	surface of the site.  For a proposed application site exceeding
3.15 	160 contiguous acres, at least one sample must be collected from
3.16 	each quarter-section of land.
3.17 		Subd. 4.Moratorium on application when existing
3.18 	contamination detected. If laboratory tests on a water sample
3.19 	indicate atrazine contamination in excess of 0.15 parts per
3.20 	billion or greater at the site of proposed atrazine application,
3.21 	the laboratory must notify the property owner, the manufacturer,
3.22 	the commissioner of health, and the person who provided notice
3.23 	to the manufacturer that atrazine must not be applied at the
3.24 	site until after further sampling and laboratory testing prove
3.25 	negative for detectable amounts of atrazine.
3.26 		Subd. 5.Atrazine water sampling and testing
3.27 	surcharge. (a) For purposes of funding the water sampling and
3.28 	testing program in subdivision 2, a surcharge is imposed on all
3.29 	atrazine applied in Minnesota.  The surcharge is equal to five
3.30 	percent of annual gross sales of atrazine sold for application
3.31 	in Minnesota or sold outside Minnesota but applied in the state.
3.32 	(b) The surcharge must be paid to the commissioner of
3.33 	agriculture for deposit in the atrazine account of the
3.34 	agricultural fund, which fund is hereby established.  Money in
3.35 	the account is appropriated annually to the commissioner of
3.36 	health to pay for expenses of atrazine water sampling,
4.1 	laboratory tests, and directly related expenses.

4.2 	Sec. 2. EFFECTIVE DATE.
 4.3 	Section 1 is effective January 1, 2006.