1.1 	A bill for an act
1.2 	relating to health, environment and natural resources,
1.3 	and agriculture; restricting the use of atrazine;
1.4 	proposing coding for new law in Minnesota Statutes,
1.5 	chapter 18B.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [18B.041] RESTRICTIONS AND REQUIREMENTS FOR
1.8 	THE USE OF ATRAZINE.
1.9 		Subdivision 1.Definitions. (a) In addition to
1.10 	definitions under section 18B.01, the definitions in this
1.11 	subdivision apply to this section.
1.12 	(b) "Atrazine" or "atrazine active ingredient" means the
1.13 	pesticide chemical 2-chloro-4-ethylamine-6-isopropylamin-1,3,5
1.14 	triazine.
1.15 	(c) "Atrazine product" means any pesticide containing the
1.16 	active ingredient atrazine as identified on the United States
1.17 	Environmental Protection Agency registered label, either alone
1.18 	or in a combination with other pesticides.
1.19 		Subd. 2.Atrazine interim prohibited areas. (a)
1.20 	Beginning January 1, 2006, atrazine use or application is
1.21 	prohibited in the following areas:
1.22 	(1) the Whitewater River watershed in southeast Minnesota,
1.23 	within 240 feet of the river;
1.24 	(2) the Root River watershed in southeast Minnesota, within
1.25 	240 feet of the river;
2.1 	(3) within the watershed of any trout stream designated by
2.2 	the commissioner of natural resources, within 240 feet of the
2.3 	subject stream;
2.4 	(4) the Upper Mississippi watershed from its headwaters to
2.5 	Grand Rapids, within 240 feet of the river;
2.6 	(5) the Anoka and Central Sand Plains region; and 
2.7 	(6) any area over sensitive groundwater resources
2.8 	identified by the commissioner of natural resources under
2.9 	chapter 103H.
2.10 	(b) Beginning January 1, 2007, atrazine use or application
2.11 	is prohibited also in the areas listed in subdivision 3.
2.12 		Subd. 3.Atrazine interim restricted areas. (a)
2.13 	Beginning January 1, 2006, atrazine use or application is
2.14 	restricted to one-half the rate of application allowed under the
2.15 	United States Environmental Protection Agency registered label,
2.16 	in the following areas:
2.17 	(1) the St. Croix River watershed, within 240 feet of the
2.18 	river;
2.19 	(2) the LeSueur River watershed, within 240 feet of the
2.20 	river;
2.21 	(3) the Upper Mississippi watershed from Grand Rapids to St.
2.22 	Cloud, within 240 feet of the river;
2.23 	(4) for all watersheds listed in the prohibition area in
2.24 	subdivision 2, the area between the prohibition area and 240
2.25 	feet from the river;
2.26 	(5) within 240 feet of all type 2, 3, 4, and 5 wetlands of
2.27 	one acre or more;
2.28 	(6) within 240 feet of any lake; and 
2.29 	(7) over any groundwater area outside the Anoka and Central
2.30 	Sand Plains area where testing by, or in conjunction with, any
2.31 	government agency has shown the presence of atrazine in at least
2.32 	50 percent of the wells tested.
2.33 	(b) Beginning January 1, 2007, atrazine use or application
2.34 	is restricted to one-half the rate of application allowed under
2.35 	the United States Environmental Protection Agency registered
2.36 	label, in all remaining areas not identified under subdivision 2
3.1 	or 3.
3.2 		Subd. 4.Atrazine statewide prohibition. Beginning
3.3 	January 1, 2008, atrazine use or application is prohibited
3.4 	throughout this state.
3.5 		Subd. 5.Exemption for research purposes.
 3.6 	Notwithstanding any provision of this section, the commissioner
3.7 	may issue a written permit authorizing limited use of atrazine
3.8 	for bona fide research purposes.  In so doing, the commissioner
3.9 	shall prohibit the research from allowing atrazine to reach any
3.10 	groundwater or surface water and shall include that prohibition
3.11 	in the written terms of the permit.  An applicant for a research
3.12 	permit shall apply to the commissioner in writing and describe
3.13 	the proposed research, the amounts and location of the proposed
3.14 	atrazine use, and all steps or safeguards proposed to ensure
3.15 	that atrazine will not reach ground or surface water.  The
3.16 	commissioner may require an applicant to submit other
3.17 	information the commissioner considers necessary to ensure a
3.18 	thorough review of the application and to ensure that atrazine
3.19 	will not reach ground or surface water.
3.20 		Subd. 6.Additional atrazine authority. The commissioner
3.21 	may designate atrazine prohibited or atrazine restricted areas
3.22 	in addition to, or earlier than, the provisions of this section
3.23 	as necessary to protect health, safety, and the environment.