.................... moves to amend H.F. No. 510, the first engrossment, as follows:
Page 1, delete section 2 and insert:
"Sec. 5. Minnesota Statutes 2008, section 18B.065, subdivision 2a, is amended to read:
Subd. 2a. Disposal site requirement.
(a) For agricultural waste pesticides, the
commissioner must designate a place in each county of the state that is available at least
year for persons to dispose of unused portions of agricultural pesticides. The
commissioner shall consult with the person responsible for solid waste management
and disposal in each county to determine an appropriate location and to advertise each
collection event. The commissioner may conduct a collection in a county more frequently
1.10if the commissioner determines that a collection is warranted.
For residential waste pesticides, the commissioner must provide periodic
1.12 disposal opportunities each year in each county. Notwithstanding paragraph (a), each
1.13county must provide at least one opportunity each year for collection and disposal of
1.14agricultural and nonagricultural waste pesticide. A county may cooperate with one or
1.15more other counties or a regional solid waste management entity to provide opportunities
1.16for waste pesticide disposal.
As provided under subdivision 7, the commissioner may enter into agreements
with county or regional solid waste management entities to provide
1.19under paragraphs (a) and (b)
and shall provide these entities under cooperative agreements
with funding for reasonable costs incurred including, but not limited to, related supplies,
transportation, advertising, and disposal costs as well as reasonable overhead costs. A
1.22county or regional solid waste management entity that has not entered into a cooperative
1.23agreement with the commissioner is not eligible for funding under this section.
A person who collects waste pesticide under paragraph (a)
(b) or (c)
1.25on a form provided or in a method approved by the commissioner,
record information on
each waste pesticide product collected including, but not limited to, the quantity collected
the product name
, and its
active ingredient or ingredients
, quantity, and or
United States Environmental Protection Agency registration number
, on a form provided
2.2 by the commissioner
. The person must submit this information to the commissioner at
least annually. The commissioner shall not provide funding to, nor enter into a cooperative
2.4agreement with, a county or regional solid waste management entity without a written
2.5plan for submission of this information.
2.6(e) If a county or regional solid waste management entity does not enter into a
2.7cooperative agreement as provided in paragraph (c), the county or regional solid waste
2.8management entity must submit the information required under paragraph (d) no later
2.9than November 30 each year on a form provided by or in a method approved by the
2.10commissioner to the house and senate committees with jurisdiction over agricultural
2.12(f) No later than January 31 each year, the commissioner shall submit a report to
2.13the house and senate committees with jurisdiction over agricultural finance regarding the
2.14status of the waste pesticide collection program, including the amounts and types of
2.15waste pesticides collected.
Page 1, before line 7, insert:
"Section 1. Minnesota Statutes 2008, section 18B.01, is amended by adding a
subdivision to read:
2.19 Subd. 1a. Agricultural pesticide. "Agricultural pesticide" means a pesticide
2.20that bears labeling that meets federal worker protection agricultural use requirements
2.21established in Code of Federal Regulations, title 40, parts 156 and 170.
Sec. 2. Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision
2.24 Subd. 14b. Nonagricultural pesticide. "Nonagricultural pesticide" means a
2.25pesticide that does not bear labeling that meets federal worker protection agricultural use
2.26requirements established in Code of Federal Regulations, title 40, parts 156 and 170.
Sec. 3. Minnesota Statutes 2008, section 18B.065, subdivision 1, is amended to read:
Subdivision 1. Collection and disposal.
The commissioner of agriculture shall
establish and operate a program to collect and dispose of waste pesticides. The program
must be made available to agricultural and
pesticide end users
whose waste generating activity occurs in this state. Waste pesticide generated in another
2.32state is not eligible for collection under this section.
Page 1, after line 13, insert:
"(c) Except as provided in paragraph (d), the commissioner may not limit the type or
3.2quantity of waste pesticide collected by a county or other regional solid waste management
3.3entity collecting waste pesticide pursuant to a cooperative agreement under subdivision 7.
3.4(d) The commissioner, in consultation with a county or other regional solid waste
3.5management entity collecting waste pesticide under a cooperative agreement, may
3.6establish limits for unusual types or excessive quantities of waste pesticide offered by
3.7pesticide end users to the county or other regional solid waste management entity.
3.8(e) A person offering agricultural waste pesticide totaling less than ten gallons or 80
3.9pounds shall not be refused collection and disposal service by a county or other regional
3.10solid waste management entity.
Page 2, after line 9, insert:
"Sec. 3. Minnesota Statutes 2008, section 18B.065, is amended by adding a subdivision
3.14 Subd. 8. Waste pesticide program surcharge. A waste pesticide program
3.15surcharge of $50 shall be collected annually by the commissioner on each pesticide
3.16product registered in the state as part of pesticide product registration application under
3.17section 18B.26, subdivision 3.
Sec. 4. Minnesota Statutes 2008, section 18B.065, is amended by adding a subdivision
3.20 Subd. 9. Waste pesticide cooperative agreement account. (a) A waste pesticide
3.21cooperative agreement account is created in the agricultural fund. Notwithstanding section
3.2218B.05, the proceeds of surcharges imposed under subdivision 8 must be deposited in the
3.23agricultural fund and credited to the waste pesticide cooperative agreement account.
3.24(b) Money in the waste pesticide cooperative agreement account, including interest,
3.25is appropriated to the commissioner and may only be used for costs incurred under a
3.26cooperative agreement pursuant to this section.
Renumber the sections in sequence and correct the internal references
Amend the title accordingly