1.1                          A bill for an act 
  1.2             relating to health; transferring the responsibility 
  1.3             for monitoring agricultural chemicals in groundwater 
  1.4             from the commissioner of agriculture to the 
  1.5             commissioner of health; modifying the definition of 
  1.6             pollutant; creating public access to certain pesticide 
  1.7             application records; authorizing cities of the first 
  1.8             and second class to adopt restrictions on pesticide 
  1.9             sales, handling, use, application, and disposal; 
  1.10            increasing the pesticide registration fee; 
  1.11            appropriating money; amending Minnesota Statutes 2002, 
  1.12            sections 18B.02; 18B.05, subdivision 1; 18B.26, 
  1.13            subdivision 3; 18B.37, subdivisions 2, 5; 103H.005, 
  1.14            subdivision 11; 103H.251. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2002, section 18B.02, is 
  1.17  amended to read: 
  1.18     18B.02 [PREEMPTION OF LOCAL LAW.] 
  1.19     (a) Except as specifically provided in this chapter, the 
  1.20  provisions of this chapter preempt ordinances by local 
  1.21  governments that prohibit or regulate any matter relating to the 
  1.22  registration, labeling, distribution, sale, handling, use, 
  1.23  application, or disposal of pesticides.  It is not the intent of 
  1.24  this section to preempt local responsibilities for zoning, fire 
  1.25  codes, or hazardous waste disposal.  
  1.26     (b) This section does not preempt a city of the first or 
  1.27  second class that restricts the sale, handling, use, 
  1.28  application, or disposal of nonagricultural use pesticides. 
  1.29     Sec. 2.  Minnesota Statutes 2002, section 18B.05, 
  1.30  subdivision 1, is amended to read: 
  2.1      Subdivision 1.  [ESTABLISHMENT.] A pesticide regulatory 
  2.2   account is established in the agricultural fund.  Fees and 
  2.3   penalties collected under this chapter must be deposited in the 
  2.4   agricultural fund and credited to the pesticide regulatory 
  2.5   account.  Money in the account, including interest, is 
  2.6   appropriated to the commissioner for the administration and 
  2.7   enforcement of this chapter.  $200,000 is annually appropriated 
  2.8   from the pesticide regulatory account to the commissioner of 
  2.9   health for monitoring and evaluation of pesticide pollutants 
  2.10  under section 103H.251. 
  2.11     Sec. 3.  Minnesota Statutes 2002, section 18B.26, 
  2.12  subdivision 3, is amended to read: 
  2.13     Subd. 3.  [APPLICATION FEE.] (a) A registrant shall pay an 
  2.14  annual application fee for each pesticide to be registered, and 
  2.15  this fee is set at one-tenth of one percent for calendar year 
  2.16  1990, at one-fifth of one percent for calendar year 1991, and at 
  2.17  two-fifths of one percent for calendar year 1992 and thereafter 
  2.18  of annual gross sales within the state and annual gross sales of 
  2.19  pesticides used in the state, with a minimum nonrefundable fee 
  2.20  of $250 $350.  The registrant shall determine when and which 
  2.21  pesticides are sold or used in this state.  The registrant shall 
  2.22  secure sufficient sales information of pesticides distributed 
  2.23  into this state from distributors and dealers, regardless of 
  2.24  distributor location, to make a determination.  Sales of 
  2.25  pesticides in this state and sales of pesticides for use in this 
  2.26  state by out-of-state distributors are not exempt and must be 
  2.27  included in the registrant's annual report, as required under 
  2.28  paragraph (c), and fees shall be paid by the registrant based 
  2.29  upon those reported sales.  Sales of pesticides in the state for 
  2.30  use outside of the state are exempt from the application fee in 
  2.31  this paragraph if the registrant properly documents the sale 
  2.32  location and distributors.  A registrant paying more than the 
  2.33  minimum fee shall pay the balance due by March 1 based on the 
  2.34  gross sales of the pesticide by the registrant for the preceding 
  2.35  calendar year.  The fee for disinfectants and sanitizers shall 
  2.36  be the minimum.  The minimum fee is due by December 31 preceding 
  3.1   the year for which the application for registration is made.  Of 
  3.2   the amount collected after calendar year 1990, at least $600,000 
  3.3   per fiscal year must be credited to the waste pesticide account 
  3.4   under section 18B.065, subdivision 5. 
  3.5      (b) An additional fee of $100 must be paid by the applicant 
  3.6   for each pesticide to be registered if the application is a 
  3.7   renewal application that is submitted after December 31. 
  3.8      (c) A registrant must annually report to the commissioner 
  3.9   the amount and type of each registered pesticide sold, offered 
  3.10  for sale, or otherwise distributed in the state.  The report 
  3.11  shall be filed by March 1 for the previous year's registration.  
  3.12  The commissioner shall specify the form of the report and 
  3.13  require additional information deemed necessary to determine the 
  3.14  amount and type of pesticides annually distributed in the 
  3.15  state.  The information required shall include the brand name, 
  3.16  amount, and formulation of each pesticide sold, offered for 
  3.17  sale, or otherwise distributed in the state, but the information 
  3.18  collected, if made public, shall be reported in a manner which 
  3.19  does not identify a specific brand name in the report. 
  3.20     Sec. 4.  Minnesota Statutes 2002, section 18B.37, 
  3.21  subdivision 2, is amended to read: 
  3.22     Subd. 2.  [COMMERCIAL AND NONCOMMERCIAL APPLICATORS.] (a) A 
  3.23  commercial or noncommercial applicator, or the applicator's 
  3.24  authorized agent, must maintain a record of pesticides used on 
  3.25  each site.  Noncommercial applicators must keep records of 
  3.26  restricted use pesticides.  The record must include the: 
  3.27     (1) date of the pesticide use; 
  3.28     (2) time the pesticide application was completed; 
  3.29     (3) brand name of the pesticide, the United States 
  3.30  Environmental Protection Agency registration number, and dosage 
  3.31  used; 
  3.32     (4) number of units treated; 
  3.33     (5) temperature, wind speed, and wind direction; 
  3.34     (6) location of the site where the pesticide was applied; 
  3.35     (7) name and address of the customer; 
  3.36     (8) name and signature of applicator, name of company, 
  4.1   license number of applicator, and address of applicator company; 
  4.2   and 
  4.3      (9) any other information required by the commissioner. 
  4.4      (b) Portions of records not relevant to a specific type of 
  4.5   application may be omitted upon approval from the commissioner.  
  4.6      (c) All information for this record requirement must be 
  4.7   contained in a single page document for each pesticide 
  4.8   application, except a map may be attached to identify treated 
  4.9   areas.  For the rights-of-way and wood preservative categories, 
  4.10  the required record may not exceed five pages.  An invoice 
  4.11  containing the required information may constitute the required 
  4.12  record.  The commissioner shall make sample forms available to 
  4.13  meet the requirements of this paragraph. 
  4.14     (d) A commercial applicator must give a copy of the record 
  4.15  to the customer.  
  4.16     (e) Records must be retained by the applicator, company, or 
  4.17  authorized agent for five years after the date of treatment.  
  4.18     (f) Records must be filed with the commissioner at least 
  4.19  twice annually.  The information on records filed with the 
  4.20  commissioner under this paragraph is public and accessible 
  4.21  through the commissioner, except for the names and addresses of 
  4.22  customers. 
  4.23     Sec. 5.  Minnesota Statutes 2002, section 18B.37, 
  4.24  subdivision 5, is amended to read: 
  4.25     Subd. 5.  [INSPECTION OF RECORDS.] The commissioner may 
  4.26  enter a commercial, noncommercial, or structural pest control 
  4.27  applicator's business and inspect the records required in this 
  4.28  section at any reasonable time and may make copies of the 
  4.29  records.  Unless Except as provided in subdivision 2, paragraph 
  4.30  (f), or when required for enforcement of this chapter, the 
  4.31  information in the records in this section is private or 
  4.32  nonpublic.  
  4.33     Sec. 6.  Minnesota Statutes 2002, section 103H.005, 
  4.34  subdivision 11, is amended to read: 
  4.35     Subd. 11.  [POLLUTANT.] "Pollutant" means: 
  4.36     (1) a chemical or substance for which a health risk limit 
  5.1   has been adopted that creates a nuisance or renders waters 
  5.2   unclean, noxious, or impure so as to be actually or potentially 
  5.3   harmful or detrimental or injurious to: 
  5.4      (i) public health, safety, or welfare; 
  5.5      (ii) domestic, agricultural, commercial, industrial, 
  5.6   recreational, or other legitimate uses; or 
  5.7      (iii) livestock, animals, birds, fish, or other aquatic 
  5.8   life; or 
  5.9      (2) an alteration made or induced by human activity of the 
  5.10  chemical, physical, biological, or radiological integrity of 
  5.11  waters of the state.  
  5.12     Sec. 7.  Minnesota Statutes 2002, section 103H.251, is 
  5.13  amended to read: 
  5.14     103H.251 [EVALUATION OF DETECTION OF POLLUTANTS.] 
  5.15     Subdivision 1.  [METHODS.] (a) The commissioner of 
  5.16  agriculture health for pollution resulting from agricultural 
  5.17  chemicals and practices and the pollution control agency for 
  5.18  other pollutants shall evaluate the detection of pollutants in 
  5.19  groundwater of the state.  Evaluation of the detection may 
  5.20  include collection technique, sampling handling technique, 
  5.21  laboratory practices, other quality control practices, 
  5.22  climatological conditions, and potential pollutant sources.  
  5.23     (b) If conditions indicate a likelihood of the detection of 
  5.24  the pollutant or pollutant breakdown product to be a common 
  5.25  detection,: 
  5.26     (1) the commissioner of agriculture for pollution resulting 
  5.27  from agricultural chemicals and practices or the pollution 
  5.28  control agency for other pollutants must begin development of 
  5.29  best management practices; and 
  5.30     (2) the commissioner of health for pollution resulting from 
  5.31  agricultural chemicals and practices and the pollution control 
  5.32  agency for other pollutants must continue to monitor for the 
  5.33  pollutant or pollutant breakdown products. 
  5.34     Subd. 2.  [ANALYSIS OF POLLUTION TREND.] The commissioner 
  5.35  of agriculture health for pollution resulting from agricultural 
  5.36  chemicals and practices and the pollution control agency for 
  6.1   other pollutants shall develop and implement groundwater 
  6.2   monitoring and hydrogeologic evaluation following pollution 
  6.3   detection to evaluate pollution frequency and concentration 
  6.4   trend.  Assessment of the site-specific and pollutant-specific 
  6.5   conditions and the likelihood of common detection must include 
  6.6   applicable monitoring, pollutant use information, physical and 
  6.7   chemical properties of the pollutant, hydrogeologic information, 
  6.8   and review of information and data from other local, state, or 
  6.9   federal monitoring databases.