Minnesota Legislature
SF 2083
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to agriculture; modifying provisions of the waste pesticide collection
program; increasing the minimum annual program expenditure amount;
amending Minnesota Statutes 2006, sections 18B.065; 18B.26, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 18B.065, is amended to read:
18B.065 WASTE PESTICIDE COLLECTION PROGRAM.
Subdivision 1.
Collection and disposal.
The commissioner of agriculture shall
establish and operate a program to collect waste pesticides. The program deleted text begin shalldeleted text end new text begin must new text end be
made available to new text begin agricultural and residential new text end pesticide end users whose waste generating
activity occurs in this state.
Subd. 2.
Implementation.
deleted text begin (a)deleted text end The commissioner may obtain a United States
Environmental Protection Agency hazardous waste identification number to manage the
waste pesticides collected.
deleted text begin
(b) The commissioner may limit the type and quantity of waste pesticides accepted
for collection and may assess pesticide end users for portions of the costs incurred.
deleted text end
Subd. 2a.
Disposal site requirement.
The commissioner must designate a place
new text begin in each county of the state new text end that is available at least every other year for deleted text begin thedeleted text end residents deleted text begin of
each county in the statedeleted text end to dispose of unused portions of pesticidesnew text begin in accordance with
subdivision 1new text end .
Subd. 3.
Information and education.
The commissioner shall provide
informational and educational materials regarding waste pesticides and the proper
management of waste pesticides to the public.
Subd. 4.
Consultation with Pollution Control Agency.
The commissioner shall
develop the program in this section in consultation and cooperation with the Pollution
Control Agency.
Subd. 7.
Cooperative agreements.
The commissioner may enter into cooperative
agreements with state agencies and local units of government for administration of the
waste pesticide collection program.new text begin The commissioner must provide full reimbursement
of all collection, disposal, and reasonable administrative costs incurred by a local unit of
government in collecting and disposing of agricultural and residential waste pesticides as
required by this section.
new text end
Sec. 2.
Minnesota Statutes 2006, section 18B.26, subdivision 3, is amended to read:
Subd. 3.
Application fee.
(a) A registrant shall pay an annual application fee for
each pesticide to be registered, and this fee is set at 0.4 percent of annual gross sales
within the state and annual gross sales of pesticides used in the state, with a minimum
nonrefundable fee of $250. The registrant shall determine when and which pesticides
are sold or used in this state. The registrant shall secure sufficient sales information of
pesticides distributed into this state from distributors and dealers, regardless of distributor
location, to make a determination. Sales of pesticides in this state and sales of pesticides
for use in this state by out-of-state distributors are not exempt and must be included in the
registrant's annual report, as required under paragraph (c), and fees shall be paid by the
registrant based upon those reported sales. Sales of pesticides in the state for use outside
of the state are exempt from the application fee in this paragraph if the registrant properly
documents the sale location and distributors. A registrant paying more than the minimum
fee shall pay the balance due by March 1 based on the gross sales of the pesticide by the
registrant for the preceding calendar year. The fee for disinfectants and sanitizers shall be
the minimum. The minimum fee is due by December 31 preceding the year for which
the application for registration is made. The commissioner shall spend at least deleted text begin $300,000deleted text end new text begin
$600,000, not including administrative costs,new text end per fiscal year from the pesticide regulatory
account for the purposes of the waste pesticide collection program.
(b) An additional fee of $100 must be paid by the applicant for each pesticide to be
registered if the application is a renewal application that is submitted after December 31.
(c) A registrant must annually report to the commissioner the amount and type of
each registered pesticide sold, offered for sale, or otherwise distributed in the state. The
report shall be filed by March 1 for the previous year's registration. The commissioner
shall specify the form of the report and require additional information deemed necessary
to determine the amount and type of pesticides annually distributed in the state. The
information required shall include the brand name, amount, and formulation of each
pesticide sold, offered for sale, or otherwise distributed in the state, but the information
collected, if made public, shall be reported in a manner which does not identify a specific
brand name in the report.
(d) A registrant who is required to pay more than the minimum fee for any pesticide
under paragraph (a) must pay a late fee penalty of $100 for each pesticide application fee
paid after March 1 in the year for which the license is to be issued.