SF 1589

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; regulating certain pesticide applications; authorizing
rulemaking; appropriating money; 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.40] PESTICIDE APPLICATION LIMITATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application plan. new text end

new text begin Annually, by March 15, each railroad company
must file with the commissioner of agriculture a schedule detailing dates, times, places,
and locations of its pesticide application plan for the ensuing nine months and identify for
the commissioner the specific pesticides to be used, their chemical ingredients, and their
known short-term and long-term effects on humans. The schedule must be maintained
in a manner readily available to adjoining landowners and horticulturists as well as the
railroad's employees. Each railroad company must also furnish to the commissioner the
name, training, licensure, and contact information for each contract pesticide applicator
that it hires.
new text end

new text begin Subd. 2. new text end

new text begin Conformance with plan. new text end

new text begin (a) Pesticides may only be applied on a railroad
right-of-way in accordance with the schedule filed under subdivision 1. Each person
applying pesticide must be familiar with and comply with that schedule.
new text end

new text begin (b) This subdivision does not prohibit application of a pesticide within five feet from
either side of the center of a railroad track.
new text end

new text begin Subd. 3. new text end

new text begin Exemptions. new text end

new text begin Except as necessary to comply with the Endangered Species
Act, Public Law 100-478, this section does not apply to persons engaged in:
new text end

new text begin (1) farming on farmland and farm right-of-way;
new text end

new text begin (2) commercial application of pesticides on farmland and farm right-of-way;
new text end

new text begin (3) structural pest control;
new text end

new text begin (4) residential lawn applications;
new text end

new text begin (5) forest management activities; or
new text end

new text begin (6) control of noxious weeds or mosquitoes, arthropods, or insects of public health
importance under chapter 18 or section 473.04.
new text end

Sec. 2.

new text begin [18B.41] EMPLOYEE INFORMATION.
new text end

new text begin A railroad company may not require an employee or an employee of a subcontractor
other than the pesticide applicator to work in an area subjected to pesticide for 48 hours
following the pesticide application. Each employee required to work in an area subjected
to pesticide within 168 hours following the pesticide application must be provided a
written description, in easily comprehensible language, of the pesticides used and their
known effects on humans. The railroad company must also, at its own expense, furnish
to each of its employees and to each employee of each of its subcontractors personal
protective equipment sufficient to preserve the employee's health.
new text end

Sec. 3.

new text begin [18B.42] RULES.
new text end

new text begin To prevent damage to adjoining landowners and horticulturists and preserve the
health of employees, the commissioner of agriculture may adopt rules necessary to
limit times and weather conditions during which pesticide may be applied by a railroad
company.
new text end

Sec. 4. new text begin COST RECOVERY PLAN.
new text end

new text begin By January 2, 2008, the commissioner of agriculture shall present to the legislature
a plan to recover costs of the registration, list maintenance, and rulemaking required
by sections 1 to 3.
new text end

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2008 is appropriated from the general fund to the commissioner
of agriculture for administration of sections 1 to 4.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective the day following final enactment. No railroad company
is required to file a pesticide application plan under section 1 until March 15, 2008.
new text end