Wild-rice water pesticide protection provisions modifications

A bill for an act

relating to agriculture; modifying pesticide provisions to protect wild-rice water;

amending Minnesota Statutes 2024, sections 18B.01, by adding a subdivision;

18B.03, by adding a subdivision; 18B.04; 18B.045; 18B.063; 18B.305.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 18B.01, is amended by adding a subdivision

to read:

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Subd. 33.

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Wild-rice water.

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"Wild-rice water" means any body of water:

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(1) identified as supporting or capable of supporting wild rice on any list, inventory, or

map maintained by the Pollution Control Agency or the Department of Natural Resources;

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(2) that lies within, or abuts and flows into, Indian country, as defined in United States

Code, title 18, section 1151; or

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(3) identified using the appropriation in Laws 2025, First Special Session chapter 1,

article 2, section 2, subdivision 3, paragraph (z), as a water in which uncultivated wild rice

grows.

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Sec. 2.

Minnesota Statutes 2024, section 18B.03, is amended by adding a subdivision to

read:

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Subd. 6.

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Wild-rice waters enforcement.

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The commissioner may take enforcement

action under chapter 18D for a violation of this chapter or any rule adopted under this chapter

that results in adverse effects to a wild-rice water. Violations that result in adverse effects

to a wild-rice water are not minor violations for purposes of section 18D.301, subdivision

2. The commissioner must deposit any penalty collected under this subdivision in the

pesticide regulatory account in section 18B.05.

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Sec. 3.

Minnesota Statutes 2024, section 18B.04, is amended to read:

18B.04 PESTICIDE IMPACT ON ENVIRONMENT.

(a) The commissioner shall:

(1) determine the impact of pesticides on the environment, including the
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immediate and

biocumulative
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impacts on
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sediment, soil,
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surface water
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,
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and groundwater
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, including wild-rice

water,
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in this state;

(2) develop best management practices involving pesticide distribution, storage, handling,

use, and disposal; and

(3) cooperate with and assist other state agencies
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; Minnesota Tribal governments, as

defined in section 10.65;
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and local governments to protect public health,
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wild-rice waters,
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pollinators, and the environment from harmful exposure to pesticides.

(b) The commissioner may assemble a group of experts under section
16C.10
, subdivision

2, to consult in the investigation of pollinator deaths or illnesses
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or the pollution of wild-rice

water
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. The group of experts may include representatives from local, state, and federal

agencies;
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Minnesota Tribal governments;
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academia, including the University of Minnesota;

the state pollinator bank; or other professionals as deemed necessary by the commissioner.

The amount necessary for the purposes of this paragraph, not to exceed $100,000 per fiscal

year, is appropriated from the pesticide regulatory account in section
18B.05
.

Sec. 4.

Minnesota Statutes 2024, section 18B.045, is amended to read:

18B.045 PESTICIDE MANAGEMENT PLAN.

Subdivision 1.

Development.

The commissioner shall develop a pesticide management

plan for the prevention, evaluation, and mitigation of occurrences of pesticides or pesticide

breakdown products in groundwaters and surface waters
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, including wild-rice waters,
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of the

state. The pesticide management plan must include components promoting prevention,

developing appropriate responses to the detection of pesticides or pesticide breakdown

products in groundwater and surface waters,
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including wild-rice waters,
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and providing

responses to reduce or eliminate continued pesticide movement to groundwater and surface

water
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, including wild-rice water
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. By September 1 of each even-numbered year, the

commissioner must submit a status report on the plan to the Environmental Quality Board
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and Minnesota Indian Affairs Council
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for review and then to the house of representatives

and senate committees with jurisdiction over the environment, natural resources, and

agriculture.

Subd. 2.

Coordination.

The pesticide management plan shall be coordinated and

developed with other state agency plans and with other state agencies through the

Environmental Quality Board
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and with Minnesota Tribal governments, as defined in section

10.65, and the Minnesota Indian Affairs Council
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. In addition, the University of Minnesota

Extension Service, farm organizations, farmers, environmental organizations,
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and
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industry
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,

and Minnesota Tribal governments
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shall be involved in the pesticide management plan

development.

Sec. 5.

Minnesota Statutes 2024, section 18B.063, is amended to read:

18B.063 STATE USES OF PESTICIDES AND NUTRIENTS.

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(a)
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The state shall use integrated pest management techniques in its management of

public lands, including roadside rights-of-way, parks, and forests; and shall use planting

regimes that minimize the need for pesticides and added nutrients.

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(b) The state must take particular care to ensure that pesticides do not flow into wild-rice

water.

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Sec. 6.

Minnesota Statutes 2024, section 18B.305, is amended to read:

18B.305 PESTICIDE EDUCATION AND TRAINING.

Subdivision 1.

Education and training.

(a) The commissioner, as the lead agency, shall

develop, implement or approve, and evaluate, in consultation with University of Minnesota

Extension, the Minnesota State Colleges and Universities system, and other educational

institutions, innovative educational and training programs addressing pesticide concerns

including:

(1) water quality protection;

(2) endangered species protection;

(3)
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protection of wild-rice waters;
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(4)
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minimizing pesticide residues in food and water;

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(4)
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(5)
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worker protection and applicator safety;

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(5)
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(6)
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chronic toxicity;

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(6)
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(7)
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integrated pest management and pest resistance;

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(7)
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(8)
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pesticide disposal;

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(8)
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(9)
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pesticide drift;

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(9)
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(10)
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relevant laws including pesticide labels and labeling and state and federal rules

and regulations;

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(10)
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(11)
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current science and technology updates; and

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(11)
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(12)
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thresholds and guidance to reduce the impacts of insecticide on pollinators.

(b) The commissioner shall appoint educational planning committees
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,
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which must include

representatives of industry
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and
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,
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applicators
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, and Minnesota Tribal governments, as defined

in section 10.65
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.

(c) Specific current regulatory concerns must be discussed and, if appropriate,

incorporated into each training session. Relevant changes to pesticide product labels or

labeling or state and federal rules and regulations may be included.

(d) The commissioner may approve programs from private industry, higher education

institutions, and nonprofit organizations that meet minimum requirements for education,

training, and certification.

Subd. 2.

Training manual and examination development.

The commissioner, in

consultation with University of Minnesota Extension
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, Tribal colleges,
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and other higher

education institutions, shall continually revise and update pesticide applicator training

manuals and examinations. The manuals and examinations must be written to meet or exceed

the minimum competency standards required by the United States Environmental Protection

Agency and pertinent state specific information. Pesticide applicator training manuals and

examinations must meet or exceed the competency standards in Code of Federal Regulations,

title 40, part 171. Competency standards for training manuals and examinations must be

published on the Department of Agriculture website. Questions in the examinations must

be determined by the commissioner in consultation with other responsible agencies. Manuals

and examinations must include pesticide management practices that discuss prevention of

pesticide occurrence in groundwater and surface water of the state,
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including wild-rice

waters,
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and economic thresholds and guidance for insecticide use.