1.1 	A bill for an act
1.2 	relating to agriculture; modifying provisions of the waste pesticide collection 
1.3 	program; increasing the minimum annual program expenditure amount;
1.4 	amending Minnesota Statutes 2006, sections 18B.065; 18B.26, subdivision 3.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2006, section 18B.065, is amended to read:
1.7 	18B.065 WASTE PESTICIDE COLLECTION PROGRAM.
1.8 		Subdivision 1.Collection and disposal. The commissioner of agriculture shall 
1.9 	establish and operate a program to collect waste pesticides. The program ~~shall~~must be 
1.10 	made available to agricultural and residential pesticide end users whose waste generating 
1.11 	activity occurs in this state.
1.12 		Subd. 2.Implementation. ~~(a)~~ The commissioner may obtain a United States 
1.13 	Environmental Protection Agency hazardous waste identification number to manage the 
1.14 	waste pesticides collected.
1.15 	~~(b) The commissioner may limit the type and quantity of waste pesticides accepted~~ 
1.16 	~~for collection and may assess pesticide end users for portions of the costs incurred.~~
1.17 		Subd. 2a.Disposal site requirement. The commissioner must designate a place 
1.18 	in each county of the state that is available at least every other year for ~~the~~ residents ~~of~~ 
1.19 	~~each county in the state~~ to dispose of unused portions of pesticides in accordance with 
1.20 	subdivision 1.
1.21 		Subd. 3.Information and education. The commissioner shall provide 
1.22 	informational and educational materials regarding waste pesticides and the proper 
1.23 	management of waste pesticides to the public.
2.1 		Subd. 4.Consultation with Pollution Control Agency. The commissioner shall 
2.2 	develop the program in this section in consultation and cooperation with the Pollution 
2.3 	Control Agency.
2.4 		Subd. 7.Cooperative agreements. The commissioner may enter into cooperative 
2.5 	agreements with state agencies and local units of government for administration of the 
2.6 	waste pesticide collection program. The commissioner must provide full reimbursement 
2.7 	of all collection, disposal, and reasonable administrative costs incurred by a local unit of 
2.8 	government in collecting and disposing of agricultural and residential waste pesticides as 
2.9 	required by this section. 

2.10 	Sec. 2. Minnesota Statutes 2006, section 18B.26, subdivision 3, is amended to read:
2.11 		Subd. 3.Application fee. (a) A registrant shall pay an annual application fee for 
2.12 	each pesticide to be registered, and this fee is set at 0.4 percent of annual gross sales 
2.13 	within the state and annual gross sales of pesticides used in the state, with a minimum 
2.14 	nonrefundable fee of $250. The registrant shall determine when and which pesticides 
2.15 	are sold or used in this state. The registrant shall secure sufficient sales information of 
2.16 	pesticides distributed into this state from distributors and dealers, regardless of distributor 
2.17 	location, to make a determination. Sales of pesticides in this state and sales of pesticides 
2.18 	for use in this state by out-of-state distributors are not exempt and must be included in the 
2.19 	registrant's annual report, as required under paragraph (c), and fees shall be paid by the 
2.20 	registrant based upon those reported sales. Sales of pesticides in the state for use outside 
2.21 	of the state are exempt from the application fee in this paragraph if the registrant properly 
2.22 	documents the sale location and distributors. A registrant paying more than the minimum 
2.23 	fee shall pay the balance due by March 1 based on the gross sales of the pesticide by the 
2.24 	registrant for the preceding calendar year. The fee for disinfectants and sanitizers shall be 
2.25 	the minimum. The minimum fee is due by December 31 preceding the year for which 
2.26 	the application for registration is made. The commissioner shall spend at least ~~$300,000~~
2.27 	$600,000, not including administrative costs, per fiscal year from the pesticide regulatory 
2.28 	account for the purposes of the waste pesticide collection program.
2.29 	(b) An additional fee of $100 must be paid by the applicant for each pesticide to be 
2.30 	registered if the application is a renewal application that is submitted after December 31.
2.31 	(c) A registrant must annually report to the commissioner the amount and type of 
2.32 	each registered pesticide sold, offered for sale, or otherwise distributed in the state. The 
2.33 	report shall be filed by March 1 for the previous year's registration. The commissioner 
2.34 	shall specify the form of the report and require additional information deemed necessary 
2.35 	to determine the amount and type of pesticides annually distributed in the state. The 
3.1 	information required shall include the brand name, amount, and formulation of each 
3.2 	pesticide sold, offered for sale, or otherwise distributed in the state, but the information 
3.3 	collected, if made public, shall be reported in a manner which does not identify a specific 
3.4 	brand name in the report.
3.5 	(d) A registrant who is required to pay more than the minimum fee for any pesticide 
3.6 	under paragraph (a) must pay a late fee penalty of $100 for each pesticide application fee 
3.7 	paid after March 1 in the year for which the license is to be issued.