SF 3091

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/28/2025 10:30 a.m.

A bill for an act
relating to agriculture; modifying agricultural waste handling regulations; requiring
record retention of sewage sludge transfers; amending Minnesota Statutes 2024,
sections 18C.111, subdivisions 2, 4, 5; 18C.135, subdivision 1, by adding a
subdivision; 18C.201, subdivisions 1, 5; 18C.61.

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

Section 1.

Minnesota Statutes 2024, section 18C.111, subdivision 2, is amended to read:

Subd. 2.

Delegation of duties.

The commissioner may delegate duties under this chapter
to designated employees or agents of the Department of Agriculture new text begin or cities of the first
class new text end .

Sec. 2.

Minnesota Statutes 2024, section 18C.111, subdivision 4, is amended to read:

Subd. 4.

Certification of regulatory compliance.

(a) The commissioner may, under
rules adopted under section 18C.121, subdivision 1, certify a person to offer or perform a
regulatory compliance inspection of any person or site that stores, handles, or distributes
ammonia or anhydrous ammonia fertilizer. deleted text begin The deadlines established in section 14.125 are
extended until June 30, 2014, for rules adopted under this subdivision.
deleted text end

(b) Pursuant to those rules, a person certified under paragraph (a) may issue a certification
of compliance to an inspected person or site if the certified person documents in writing
full compliance with the provisions of this chapter and rules adopted under this chapter.

(c) A person or site issued a certification of compliance must provide a copy of the
certification to the commissioner immediately upon request or within 90 days following
certification.

(d) Certifications of compliance are valid for a period of three years. The commissioner
may determine a different time period in the interest of public safety or for other reasonable
cause.

Sec. 3.

Minnesota Statutes 2024, section 18C.111, subdivision 5, is amended to read:

Subd. 5.

Perfluoroalkyl and polyfluoroalkyl substances.

new text begin (a) new text end The Department of
Agriculture is the lead state agency for the regulation of fertilizer containing PFAS, including
the storage, handling, distribution, use, and disposal of fertilizer containing PFAS. In order
to reduce duplication, a distributor, registrant, or guarantor is not required to provide technical
data to another state agency if the distributor, registrant, or guarantor has previously submitted
the data to the commissioner and the data is available to the other state agencies.

new text begin (b) The commissioner may review the records of sewage sludge transfers under section
18C.135, subdivision 4, to investigate PFAS contamination or carry out any other duty in
this chapter.
new text end

Sec. 4.

Minnesota Statutes 2024, section 18C.135, subdivision 1, is amended to read:

Subdivision 1.

Sewage sludge without charge exempt.

Sewage sludge that is transferred
between parties without compensation is exempt from the requirements of this chapter
except the labeling new text begin and record retention new text end requirements of this chapter.

Sec. 5.

Minnesota Statutes 2024, section 18C.135, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Record retention. new text end

new text begin Any party receiving or transferring sewage sludge must
maintain a record of the transaction that includes the date, amount, and parties involved.
Records under this subdivision must be made available to the commissioner upon request.
new text end

Sec. 6.

Minnesota Statutes 2024, section 18C.201, subdivision 1, is amended to read:

Subdivision 1.

Storage, handling, distribution, or disposal.

A person may not store,
handle, distribute, or dispose of a fertilizer, rinsate, fertilizer container, or fertilizer application
equipment in a manner:

(1) that endangers humans, damages agricultural products, food, new text begin feed, new text end livestock, deleted text begin fish deleted text end new text begin
aquatic life new text end , or wildlife;

(2) that will cause unreasonable adverse effects on the environment; or

(3) that will cause contamination of public or other waters of the state, as defined in
section 103G.005, subdivisions 15 and 17, from backsiphoning or backflowing of fertilizers
through water wells or from the direct flowage of fertilizers.

Sec. 7.

Minnesota Statutes 2024, section 18C.201, subdivision 5, is amended to read:

Subd. 5.

Fertilizer, rinsate, and container disposal.

A person may only dispose of
fertilizer, rinsate, and fertilizer containers in accordance with this chapter. The manner of
disposal must not cause unreasonable adverse effects on the environment. new text begin For the purposes
of this chapter, an open burn of fertilizer has an unreasonable adverse effect on the
environment.
new text end

Sec. 8.

Minnesota Statutes 2024, section 18C.61, is amended to read:

18C.61 FERTILIZER APPLICATION TO IMPERVIOUS SURFACE;
PROHIBITION.

(a) A person may not apply a fertilizer new text begin , animal waste, or sewage sludge new text end to an impervious
surface. Fertilizer new text begin , animal waste, or sewage sludge new text end released on an impervious surface must
be immediately contained and either legally applied to turf or any other legal site or returned
to the original or other appropriate container.

(b) For the purposes of this section, "impervious surface" means a highway, street,
sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the
soil.