Bill Text: MN HF1121 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Pesticide application regulating authority clarified.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-02 - Second reading [HF1121 Detail]
Download: Minnesota-2011-HF1121-Engrossed.html
1.2relating to agriculture; clarifying the authority for regulating certain pesticide
1.3applications;amending Minnesota Statutes 2010, sections 18B.03, subdivision 1;
1.4115.03, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 18B.03, subdivision 1, as amended by
1.7Laws 2011, chapter 14, section 7, is amended to read:
1.8 Subdivision 1. Administration by commissioner. The commissioner shall
1.9administer, implement, and enforce this chapter and the Department of Agriculture
1.10is the lead state agency for the regulation of pesticides. The commissioner has the
1.11sole regulatory authority over the terrestrial application of pesticides, including, but
1.12not limited to, the application of pesticides to agricultural crops, structures, and other
1.13nonaquatic environments. Except as provided in subdivision 3, a state agency other than
1.14the Department of Agriculture shall not regulate or require permits for the terrestrial or
1.15nonaquatic application of pesticides.
1.16 Sec. 2. Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision to
1.17read:
1.18 Subd. 11. Aquatic application of pesticides. (a) The agency may issue National
1.19Pollutant Discharge Elimination System permits for pesticide applications to waters of the
1.20United States that are required by federal law or rule. The agency shall not require permits
1.21for aquatic pesticide applications beyond what is required by federal law or rule.
1.22(b) The agency shall not regulate or require permits for the terrestrial application
1.23of pesticides.
1.3applications;amending Minnesota Statutes 2010, sections 18B.03, subdivision 1;
1.4115.03, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 18B.03, subdivision 1, as amended by
1.7Laws 2011, chapter 14, section 7, is amended to read:
1.8 Subdivision 1. Administration by commissioner. The commissioner shall
1.9administer, implement, and enforce this chapter and the Department of Agriculture
1.10is the lead state agency for the regulation of pesticides. The commissioner has the
1.11sole regulatory authority over the terrestrial application of pesticides, including, but
1.12not limited to, the application of pesticides to agricultural crops, structures, and other
1.13nonaquatic environments. Except as provided in subdivision 3, a state agency other than
1.14the Department of Agriculture shall not regulate or require permits for the terrestrial or
1.15nonaquatic application of pesticides.
1.16 Sec. 2. Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision to
1.17read:
1.18 Subd. 11. Aquatic application of pesticides. (a) The agency may issue National
1.19Pollutant Discharge Elimination System permits for pesticide applications to waters of the
1.20United States that are required by federal law or rule. The agency shall not require permits
1.21for aquatic pesticide applications beyond what is required by federal law or rule.
1.22(b) The agency shall not regulate or require permits for the terrestrial application
1.23of pesticides.
