HF 900

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:42am

A bill for an act
relating to pesticides; regulating application on railroad property; proposing
coding for new law in Minnesota Statutes, chapter 18B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [18B.346] PESTICIDE APPLICATION ON RAILROAD PROPERTY.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies only to common carrier railroads.
new text end

new text begin Subd. 2. new text end

new text begin Licensing requirement. new text end

new text begin A railroad company with more than 50 Minnesota
resident employees that applies pesticide to its own property or to other property under its
control, or that contracts with a commercial applicator to make pesticide applications to
railroad property or to other property under the control of the railroad company, must have
at least one Minnesota resident employee licensed as a noncommercial applicator under
section 18B.35. The noncommercial applicator must be licensed at least under the core
and right-of-way categories established by the commissioner under section 18B.35.
new text end

new text begin Subd. 3. new text end

new text begin Safety information. new text end

new text begin (a) In coordination with common carrier railroad
companies operating in this state, the commissioner shall provide annual pesticide safety
outreach opportunities for railroad employees.
new text end

new text begin (b) A common carrier railroad company that operates in this state must conduct
annual employee pesticide safety training.
new text end

new text begin Subd. 4. new text end

new text begin Restricted use pesticides. new text end

new text begin A person may not directly apply a restricted
use pesticide to occupied or unoccupied locomotives, track repair equipment, or on-track
housing units.
new text end

new text begin Subd. 5. new text end

new text begin Misuse reporting. new text end

new text begin A railroad company or a commercial applicator hired by
the railroad company to apply pesticide must report to the commissioner within four hours,
or as soon as otherwise reasonably possible, any pesticide misuse known to the railroad
company or commercial applicator that occurred on railroad property or to other property
under the control of the railroad company. For purposes of this section, "misuse" means a
pesticide application that violates subdivision 4 or any provision in section 18B.07.
new text end