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SF 1247

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/21/2025 08:48 a.m.

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction
PDF
Posted on 02/07/2025
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A bill for an act
relating to environment; modifying pesticide provisions to protect wild rice waters;
protecting wild rice by requiring a wild rice risk justification before issuing certain
permits; prohibiting operation of watercraft in a manner that threatens uncultivated
wild rice beds; requiring maintenance of wild rice waters maps; appropriating
money; amending Minnesota Statutes 2024, sections 1.148; 18B.01, by adding a
subdivision; 18B.03, by adding a subdivision; 18B.04; 18B.045; 18B.063; 18B.305;
86B.311, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapter 84.

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

Section 1.

Minnesota Statutes 2024, section 1.148, is amended to read:


1.148 STATE GRAIN.

Subdivision 1.

Wild rice.

Zizania aquatica, commonly known as wild ricenew text begin , psíŋ,new text end or
deleted text begin manomindeleted text end new text begin manoominnew text end , is the official state grain of the state of Minnesota.

Subd. 2.

Photograph.

A photograph of zizania aquaticanew text begin or zizania palustrisnew text end , commonly
known as wild ricenew text begin , psíŋ,new text end or deleted text begin manomindeleted text end new text begin manoominnew text end , may be displayed in the Office of the
Secretary of State.

Sec. 2.

Minnesota Statutes 2024, section 18B.01, is amended by adding a subdivision to
read:


new text begin Subd. 31b. new text end

new text begin Wild rice waters. new text end

new text begin "Wild rice waters" means waters identified as wild rice
waters on a map maintained by the commissioner of natural resources under section 84.1523.
new text end

Sec. 3.

Minnesota Statutes 2024, section 18B.03, is amended by adding a subdivision to
read:


new text begin Subd. 4a. new text end

new text begin Wild rice waters enforcement. new text end

new text begin The commissioner may take enforcement
action under chapter 18D for a violation of this chapter, or any rule adopted under this
chapter, that results in adverse effects to wild rice waters. The commissioner must deposit
any penalty collected under this subdivision in the pesticide regulatory account in section
18B.05.
new text end

Sec. 4.

Minnesota Statutes 2024, section 18B.04, is amended to read:


18B.04 PESTICIDE IMPACT ON ENVIRONMENT.

(a) The commissioner shall:

(1) determine the impact of pesticides on the environment, including the impacts on
surface water and groundwaternew text begin , including wild rice waters,new text end in this state;

(2) develop best management practices involving pesticide distribution, storage, handling,
use, and disposal; and

(3) cooperate with and assist other state agenciesnew text begin , Minnesota Tribal governments,new text end and
local governments to protect public health, new text begin wild rice waters, new text end pollinators, and the environment
from harmful exposure to pesticides.

(b) The commissioner may assemble a group of experts under section 16C.10, subdivision
2, to consult in the investigation of pollinator deathsnew text begin , pollution of wild rice waters,new text end or
illnesses. The group of experts may include representatives from local, state, and federal
agencies;new text begin Minnesota Tribal governments;new text end academia, including the University of Minnesota;
the state pollinator bank; or other professionals as deemed necessary by the commissioner.
The amount necessary for the purposes of this paragraph, not to exceed $100,000 per fiscal
year, is appropriated from the pesticide regulatory account in section 18B.05.

Sec. 5.

Minnesota Statutes 2024, section 18B.045, is amended to read:


18B.045 PESTICIDE MANAGEMENT PLAN.

Subdivision 1.

Development.

The commissioner shall develop a pesticide management
plan for the prevention, evaluation, and mitigation of occurrences of pesticides or pesticide
breakdown products in groundwaters and surface watersnew text begin , including wild rice waters,new text end of the
state. The pesticide management plan must include components promoting prevention,
developing appropriate responses to the detection of pesticides or pesticide breakdown
products in groundwater and surface waters, deleted text begin anddeleted text end new text begin including wild rice waters, and new text end providing
responses to reduce or eliminate continued pesticide movement to groundwater and surface
waternew text begin , including wild rice watersnew text end . By September 1 of each even-numbered year, the
commissioner must submit a status report on the plan to the Environmental Quality Boardnew text begin
and the Minnesota Indian Affairs Council
new text end for review and then to the house of representatives
and senate committees with jurisdiction over the environment, natural resources, and
agriculture.

Subd. 2.

Coordination.

new text begin (a) new text end The pesticide management plan deleted text begin shalldeleted text end new text begin mustnew text end be coordinated
and developed withnew text begin :
new text end

new text begin (1)new text end other state agency plans deleted text begin and withdeleted text end new text begin ;
new text end

new text begin (2) the Minnesota Indian Affairs Council;
new text end

new text begin (3)new text end other state agencies through the Environmental Quality Boardnew text begin ; and
new text end

new text begin (4) Minnesota Tribal governmentsnew text end .

new text begin (b)new text end In addition, the University of Minnesota Extension Service, farm organizations,
farmers, environmental organizations, deleted text begin anddeleted text end industry deleted text begin shalldeleted text end new text begin , and Minnesota Tribal governments
must
new text end be involved in the pesticide management plan development.

Sec. 6.

Minnesota Statutes 2024, section 18B.063, is amended to read:


18B.063 STATE USES OF PESTICIDES AND NUTRIENTS.

new text begin (a) new text end The state shall use integrated pest management techniques in its management of
public lands, including roadside rights-of-way, parks, and forests; and shall use planting
regimes that minimize the need for pesticides and added nutrients.

new text begin (b) The state must take particular care to ensure that pesticides do not flow into wild
rice waters.
new text end

Sec. 7.

Minnesota Statutes 2024, section 18B.305, is amended to read:


18B.305 PESTICIDE EDUCATION AND TRAINING.

Subdivision 1.

Education and training.

(a) The commissioner, as the lead agency, shall
develop, implement or approve, and evaluate, in consultation with University of Minnesota
Extension, the Minnesota State Colleges and Universities system, and other educational
institutions, innovative educational and training programs addressing pesticide concerns
including:

(1) water quality protection;

(2) endangered species protection;

new text begin (3) protection of wild rice waters;
new text end

deleted text begin (3)deleted text end new text begin (4)new text end minimizing pesticide residues in food and water;

deleted text begin (4)deleted text end new text begin (5)new text end worker protection and applicator safety;

deleted text begin (5)deleted text end new text begin (6)new text end chronic toxicity;

deleted text begin (6)deleted text end new text begin (7)new text end integrated pest management and pest resistance;

deleted text begin (7)deleted text end new text begin (8)new text end pesticide disposal;

deleted text begin (8)deleted text end new text begin (9)new text end pesticide drift;

deleted text begin (9)deleted text end new text begin (10)new text end relevant laws including pesticide labels and labeling and state and federal rules
and regulations;

deleted text begin (10)deleted text end new text begin (11)new text end current science and technology updates; and

deleted text begin (11)deleted text end new text begin (12)new text end thresholds and guidance to reduce the impacts of insecticide on pollinators.

(b) The commissioner shall appoint educational planning committeesnew text begin ,new text end which must include
representatives of industry deleted text begin anddeleted text end new text begin ,new text end applicatorsnew text begin , and Minnesota Tribal governmentsnew text end .

(c) Specific current regulatory concerns must be discussed and, if appropriate,
incorporated into each training session. Relevant changes to pesticide product labels or
labeling or state and federal rules and regulations may be included.

(d) The commissioner may approve programs from private industry, higher education
institutions, and nonprofit organizations that meet minimum requirements for education,
training, and certification.

Subd. 2.

Training manual and examination development.

The commissioner, in
consultation with University of Minnesota Extensionnew text begin , Tribal colleges,new text end and other higher
education institutions, shall continually revise and update pesticide applicator training
manuals and examinations. The manuals and examinations must be written to meet or exceed
the minimum competency standards required by the United States Environmental Protection
Agency and pertinent state specific information. Pesticide applicator training manuals and
examinations must meet or exceed the competency standards in Code of Federal Regulations,
title 40, part 171. Competency standards for training manuals and examinations must be
published on the Department of Agriculture website. Questions in the examinations must
be determined by the commissioner in consultation with other responsible agencies. Manuals
and examinations must include pesticide management practices that discuss prevention of
pesticide occurrence in groundwater and surface water deleted text begin of the statedeleted text end new text begin , including wild rice
waters
new text end , and economic thresholds and guidance for insecticide use.

Sec. 8.

new text begin [84.0912] PROTECTING WILD RICE.
new text end

new text begin Subdivision 1. new text end

new text begin Policy; findings. new text end

new text begin It is the policy of the state to recognize the inherent
right of uncultivated wild rice to exist and thrive in Minnesota. The legislature finds that
wild rice:
new text end

new text begin (1) is a nutrient-rich, natural food source that has been sustainably harvested in this state
for centuries;
new text end

new text begin (2) is sacred to Indian Tribes and is a core component of their cultural identity;
new text end

new text begin (3) thrives in clean, shallow water, without requiring pesticides, fertilizers, or harmful
chemicals;
new text end

new text begin (4) supports rural economies by providing jobs, fostering local businesses, and supporting
ecotourism;
new text end

new text begin (5) plays a crucial role in preventing toxic algae blooms, absorbing carbon dioxide,
fostering vital habitat for fish, and stabilizing lake beds; and
new text end

new text begin (6) is essential for safeguarding Tribal food security and upholding Tribal treaty rights.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Agency" means a department, agency, board, commission, or other group in the
executive branch of state government; a statutory or home rule charter city, county, or town;
any metropolitan agency or regional entity; and any other political subdivision of the state.
new text end

new text begin (c) "Wild rice risk justification" means a document that quantifies and justifies the
potential risk of adverse effects to wild rice waters and that meets the requirements of
subdivision 4.
new text end

new text begin (d) "Wild rice waters" means waters identified as wild rice waters on a map maintained
by the commissioner of natural resources under section 84.1523.
new text end

new text begin Subd. 3. new text end

new text begin Permits affecting wild rice. new text end

new text begin Notwithstanding any other provision of law, an
agency may not issue a permit, license, or other approval for an activity or facility in wild
rice waters, or at a location likely to adversely affect wild rice waters, unless the agency
prepares a wild rice risk justification according to subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Wild rice risk justification requirements. new text end

new text begin A wild rice risk justification must
include at least the following:
new text end

new text begin (1) identification and a detailed description of all wild rice waters potentially threatened
by the activity or facility proposed to be permitted, licensed, or approved;
new text end

new text begin (2) identification of all scenarios that might pose a risk to the wild rice waters identified
under clause (1), the likelihood of each scenario occurring, and the scale of damage to wild
rice waters that would likely result from each scenario; and
new text end

new text begin (3) an explanation of how the benefits of the proposed activity or facility justify the risk
posed by the activity or facility to wild rice waters.
new text end

new text begin Subd. 5. new text end

new text begin Public comment and review; posting. new text end

new text begin (a) The agency must provide a draft
wild rice risk justification for public comment if a public comment process is required as
part of issuing the permit, license, or approval. When public comment is required, the agency
must also provide a copy of the draft wild rice risk justification to affected Tribes.
new text end

new text begin (b) When a permit, license, or approval subject to this section is issued, the agency must
post the corresponding wild rice risk justification on the agency's website.
new text end

Sec. 9.

new text begin [84.1523] WILD RICE WATERS MAPS.
new text end

new text begin The commissioner of natural resources must maintain maps that show where wild rice
waters are located in this state and must make the maps available to the public on the
department's website.
new text end

Sec. 10.

Minnesota Statutes 2024, section 86B.311, subdivision 4, is amended to read:


Subd. 4.

deleted text begin Swimming or bathing areasdeleted text end new text begin Unauthorized operationnew text end .

new text begin (a) new text end A person may not
operate a watercraft within a water area that has been marked off or set aside as a swimming
or bathing area as prescribed by the commissioner's rules.

new text begin (b) A person may not operate a watercraft:
new text end

new text begin (1) in or through an uncultivated wild rice bed unless the watercraft is propelled by hand,
such as a skiff or canoe; or
new text end

new text begin (2) at greater than slow-no-wake speed within 150 feet of an uncultivated wild rice bed.
new text end

Sec. 11. new text begin APPROPRIATION; WILD RICE WATERS MAPS.
new text end

new text begin $....... in fiscal year 2026 is appropriated from the general fund to the commissioner of
natural resources to develop and maintain the wild rice waters maps required by Minnesota
Statutes, section 84.1523.
new text end