1.1    .................... moves to amend H. F. No. 4027 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 18B.065, subdivision 2, is amended to
1.4read:
1.5    Subd. 2. Implementation. (a) The commissioner may obtain a United States
1.6Environmental Protection Agency hazardous waste identification number to manage the
1.7waste pesticides collected.
1.8    (b) The commissioner may not limit the type and quantity of waste pesticides
1.9accepted for collection and but may assess pesticide end users for portions of the costs
1.10incurred.

1.11    Sec. 2. Minnesota Statutes 2006, section 18B.065, subdivision 7, is amended to read:
1.12    Subd. 7. Cooperative agreements. The commissioner may enter into cooperative
1.13agreements with state agencies and local units of government for administration of the
1.14waste pesticide collection program. The commissioner shall ensure that the program is
1.15carried out in all counties. If the commissioner cannot contract with another party to
1.16administer the program in a county, the commissioner shall perform collections according
1.17to the provisions of this section.

1.18    Sec. 3. Laws 2007, chapter 45, article 1, section 22, is amended to read:
1.19    Sec. 22. Minnesota Statutes 2006, section 18B.065, subdivision 1, is amended to
1.20read:
1.21    Subdivision 1. Collection and disposal. The commissioner of agriculture shall
1.22establish and operate a program to collect and dispose of waste pesticides. The program
1.23must be made available to agriculture agricultural and residential pesticide end users
1.24whose waste generating activity occurs in this state.
2.1EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
2.2cooperative agreements entered into by the commissioner of agriculture and local units of
2.3government for waste pesticide collection and disposal after that date.

2.4    Sec. 4. Laws 2007, chapter 45, article 1, section 23, is amended to read:
2.5    Sec. 23. Minnesota Statutes 2006, section 18B.065, subdivision 2a, is amended to
2.6read:
2.7    Subd. 2a. Disposal site requirement. (a) For agricultural waste pesticides, the
2.8commissioner must designate a place in each county of the state that is available at least
2.9every other year for persons to dispose of unused portions of agricultural pesticides
2.10in accordance with subdivision 1. The commissioner shall consult with the person
2.11responsible for solid waste management and disposal in each county to determine an
2.12appropriate location and to advertise each collection event.
2.13    (b) For residential waste pesticides, the commissioner must provide periodic
2.14disposal opportunities each year in each county. As provided under subdivision 7, the
2.15commissioner may enter into agreements with county or regional solid waste management
2.16entities to provide these collections and shall provide these entities with funding for all
2.17costs incurred, including but not limited to related supplies, transportation, advertising,
2.18and disposal costs as well as reasonable overhead costs.
2.19    (c) The person responsible for waste pesticide collections under paragraphs (a) and
2.20(b) shall record information on each waste pesticide product collected, including but not
2.21limited to the product name, active ingredient or ingredients, and the quantity. The person
2.22must submit this information to the commissioner at least annually.
2.23EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
2.24cooperative agreements entered into by the commissioner of agriculture and local units of
2.25government for waste pesticide collection and disposal after that date.

2.26    Sec. 5. Laws 2007, chapter 45, article 1, section 24, is amended to read:
2.27    Sec. 24. Minnesota Statutes 2006, section 18B.26, subdivision 3, is amended to read:
2.28    Subd. 3. Application fee. (a) A registrant shall pay an annual application fee for
2.29each pesticide to be registered, and this fee is set at 0.4 percent of annual gross sales
2.30within the state and annual gross sales of pesticides used in the state, with a minimum
2.31nonrefundable fee of $250. The registrant shall determine when and which pesticides
2.32are sold or used in this state. The registrant shall secure sufficient sales information of
2.33pesticides distributed into this state from distributors and dealers, regardless of distributor
2.34location, to make a determination. Sales of pesticides in this state and sales of pesticides
3.1for use in this state by out-of-state distributors are not exempt and must be included in the
3.2registrant's annual report, as required under paragraph (c), and fees shall be paid by the
3.3registrant based upon those reported sales. Sales of pesticides in the state for use outside
3.4of the state are exempt from the application fee in this paragraph if the registrant properly
3.5documents the sale location and distributors. A registrant paying more than the minimum
3.6fee shall pay the balance due by March 1 based on the gross sales of the pesticide by the
3.7registrant for the preceding calendar year. The fee for disinfectants and sanitizers shall be
3.8the minimum. The minimum fee is due by December 31 preceding the year for which
3.9the application for registration is made. The commissioner shall spend at least $400,000,
3.10not including the commissioner's administrative costs, per fiscal year from the pesticide
3.11regulatory account for the purposes of the waste pesticide collection program In each
3.12fiscal year, the commissioner shall allocate from the pesticide regulatory account a sum
3.13sufficient to collect and dispose of waste pesticides under section 18B.065.
3.14    (b) An additional fee of $100 must be paid by the applicant for each pesticide to be
3.15registered if the application is a renewal application that is submitted after December 31.
3.16    (c) A registrant must annually report to the commissioner the amount and type of
3.17each registered pesticide sold, offered for sale, or otherwise distributed in the state. The
3.18report shall be filed by March 1 for the previous year's registration. The commissioner
3.19shall specify the form of the report and require additional information deemed necessary
3.20to determine the amount and type of pesticides annually distributed in the state. The
3.21information required shall include the brand name, amount, and formulation of each
3.22pesticide sold, offered for sale, or otherwise distributed in the state, but the information
3.23collected, if made public, shall be reported in a manner which does not identify a specific
3.24brand name in the report.
3.25    (d) A registrant who is required to pay more than the minimum fee for any pesticide
3.26under paragraph (a) must pay a late fee penalty of $100 for each pesticide application fee
3.27paid after March 1 in the year for which the license is to be issued.
3.28EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
3.29cooperative agreements entered into by the commissioner of agriculture and local units of
3.30government for waste pesticide collection and disposal after that date."
3.31Amend the title accordingly