Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 179-H.F.No. 2005 
                  An act relating to the environment; extending the 
                  restriction on phosphorus use in fertilizers; amending 
                  Minnesota Statutes 2002, section 18C.60, subdivision 2.
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 18C.60, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PHOSPHORUS USE RESTRICTIONS.] (a) A person may 
        not apply a fertilizer containing the plant nutrient phosphorus 
        to turf in a metropolitan county statewide, except under 
        conditions listed in paragraph (d) (b). 
           (b) A person may not apply granular fertilizer containing 
        greater than three percent phosphate (P205) by weight, or liquid 
        fertilizer at a rate greater than 0.3 pound phosphate (P205) per 
        1,000 square feet, to turf in a county other than a metropolitan 
        county, except under conditions listed in paragraph (d). 
           (c) A local unit of government in a county other than a 
        metropolitan county may adopt paragraph (a) in place of 
        paragraph (b).  The local unit of government must notify the 
        commissioner of the adoption of paragraph (a) within 30 days of 
        its adoption.  The commissioner shall maintain a list of local 
        units of government in counties other than a metropolitan county 
        that have adopted paragraph (a). 
           (d) Paragraphs Paragraph (a) and (b) do does not apply 
        when: 
           (1) a tissue, soil, or other test by a laboratory or method 
        approved by the commissioner and performed within the last three 
        years indicates that the level of available phosphorus in the 
        soil is insufficient to support healthy turf growth; 
           (2) the property owner or an agent of the property owner is 
        first establishing turf via seed or sod procedures, and only 
        during the first growing season; or 
           (3) the fertilizer containing the plant food phosphorus is 
        used on a golf course under the direction of a person licensed, 
        certified, or approved by an organization with an ongoing 
        training program approved by the commissioner. 
           (e) (c) Applications of phosphorous fertilizer authorized 
        under paragraph (d), clause (1) or (2), (b) must not exceed 
        rates recommended by the University of Minnesota and approved by 
        the commissioner. 
           Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
           Section 1 is effective January 1, 2005, and applies to 
        fertilizer to be used for turf purchased at retail after August 
        1, 2004. 
           Presented to the governor May 7, 2004 
           Signed by the governor May 10, 2004, 10:45 p.m.