HF 2005

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; extending the restriction 
  1.3             on phosphorus use in fertilizers; amending Minnesota 
  1.4             Statutes 2002, section 18C.60, subdivision 2.  
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 18C.60, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [PHOSPHORUS USE RESTRICTIONS.] (a) A person may 
  1.9   not apply a fertilizer containing the plant nutrient phosphorus 
  1.10  to turf in a metropolitan county statewide, except under 
  1.11  conditions listed in paragraph (d) (b). 
  1.12     (b) A person may not apply granular fertilizer containing 
  1.13  greater than three percent phosphate (P205) by weight, or liquid 
  1.14  fertilizer at a rate greater than 0.3 pound phosphate (P205) per 
  1.15  1,000 square feet, to turf in a county other than a metropolitan 
  1.16  county, except under conditions listed in paragraph (d). 
  1.17     (c) A local unit of government in a county other than a 
  1.18  metropolitan county may adopt paragraph (a) in place of 
  1.19  paragraph (b).  The local unit of government must notify the 
  1.20  commissioner of the adoption of paragraph (a) within 30 days of 
  1.21  its adoption.  The commissioner shall maintain a list of local 
  1.22  units of government in counties other than a metropolitan county 
  1.23  that have adopted paragraph (a). 
  1.24     (d) Paragraphs Paragraph (a) and (b) do does not apply 
  1.25  when: 
  2.1      (1) a tissue, soil, or other test by a laboratory or method 
  2.2   approved by the commissioner and performed within the last three 
  2.3   years indicates that the level of available phosphorus in the 
  2.4   soil is insufficient to support healthy turf growth; 
  2.5      (2) the property owner or an agent of the property owner is 
  2.6   first establishing turf via seed or sod procedures, and only 
  2.7   during the first growing season; or 
  2.8      (3) the fertilizer containing the plant food phosphorus is 
  2.9   used on a golf course under the direction of a person licensed, 
  2.10  certified, or approved by an organization with an ongoing 
  2.11  training program approved by the commissioner. 
  2.12     (e) (c) Applications of phosphorous fertilizer authorized 
  2.13  under paragraph (d), clause (1) or (2), (b) must not exceed 
  2.14  rates recommended by the University of Minnesota and approved by 
  2.15  the commissioner. 
  2.16     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.17     Section 1 is effective January 1, 2005, and applies to 
  2.18  fertilizer to be used for turf purchased at retail after August 
  2.19  1, 2004.