1.1 A bill for an act
1.2 relating to environment; modifying pesticide provisions to protect wild rice waters;
1.3 protecting wild rice by requiring a wild rice risk justification before issuing certain
1.4 permits; prohibiting operation of watercraft in a manner that threatens uncultivated
1.5 wild rice beds; requiring maintenance of wild rice waters maps; appropriating
1.6 money; amending Minnesota Statutes 2024, sections 1.148; 18B.01, by adding a
1.7 subdivision; 18B.03, by adding a subdivision; 18B.04; 18B.045; 18B.063; 18B.305;
1.8 86B.311, subdivision 4; proposing coding for new law in Minnesota Statutes,
1.9 chapter 84.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2024, section 1.148, is amended to read:
1.12 1.148 STATE GRAIN.
1.13 Subdivision 1.Wild rice.Zizania aquatica, commonly known as wild rice, psíŋ, or
1.14manomin manoomin, is the official state grain of the state of Minnesota.
1.15 Subd. 2.Photograph.A photograph of zizania aquatica or zizania palustris, commonly
1.16known as wild rice, psíŋ, or manomin manoomin, may be displayed in the Office of the
1.17Secretary of State.
1.18 Sec. 2. Minnesota Statutes 2024, section 18B.01, is amended by adding a subdivision to
1.19read:
1.20 Subd. 31b.Wild rice waters."Wild rice waters" means waters identified as wild rice
1.21waters on a map maintained by the commissioner of natural resources under section 84.1523.
1Sec. 2.
REVISOR CKM/CH 25-0286501/29/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2134
NINETY-FOURTH SESSION
Authored by Falconer03/10/2025
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy 2.1 Sec. 3. Minnesota Statutes 2024, section 18B.03, is amended by adding a subdivision to
2.2read:
2.3 Subd. 4a.Wild rice waters enforcement.The commissioner may take enforcement
2.4action under chapter 18D for a violation of this chapter, or any rule adopted under this
2.5chapter, that results in adverse effects to wild rice waters. The commissioner must deposit
2.6any penalty collected under this subdivision in the pesticide regulatory account in section
2.718B.05.
2.8 Sec. 4. Minnesota Statutes 2024, section 18B.04, is amended to read:
2.9 18B.04 PESTICIDE IMPACT ON ENVIRONMENT .
2.10 (a) The commissioner shall:
2.11 (1) determine the impact of pesticides on the environment, including the impacts on
2.12surface water and groundwater, including wild rice waters, in this state;
2.13 (2) develop best management practices involving pesticide distribution, storage, handling,
2.14use, and disposal; and
2.15 (3) cooperate with and assist other state agencies, Minnesota Tribal governments, and
2.16local governments to protect public health, wild rice waters, pollinators, and the environment
2.17from harmful exposure to pesticides.
2.18 (b) The commissioner may assemble a group of experts under section 16C.10, subdivision
2.192, to consult in the investigation of pollinator deaths, pollution of wild rice waters, or
2.20illnesses. The group of experts may include representatives from local, state, and federal
2.21agencies; Minnesota Tribal governments; academia, including the University of Minnesota;
2.22the state pollinator bank; or other professionals as deemed necessary by the commissioner.
2.23The amount necessary for the purposes of this paragraph, not to exceed $100,000 per fiscal
2.24year, is appropriated from the pesticide regulatory account in section 18B.05.
2.25 Sec. 5. Minnesota Statutes 2024, section 18B.045, is amended to read:
2.26 18B.045 PESTICIDE MANAGEMENT PLAN.
2.27 Subdivision 1.Development.The commissioner shall develop a pesticide management
2.28plan for the prevention, evaluation, and mitigation of occurrences of pesticides or pesticide
2.29breakdown products in groundwaters and surface waters, including wild rice waters, of the
2.30state. The pesticide management plan must include components promoting prevention,
2.31developing appropriate responses to the detection of pesticides or pesticide breakdown
2.32products in groundwater and surface waters, and including wild rice waters, and providing
2Sec. 5.
REVISOR CKM/CH 25-0286501/29/25 3.1responses to reduce or eliminate continued pesticide movement to groundwater and surface
3.2water, including wild rice waters. By September 1 of each even-numbered year, the
3.3commissioner must submit a status report on the plan to the Environmental Quality Board
3.4and the Minnesota Indian Affairs Council for review and then to the house of representatives
3.5and senate committees with jurisdiction over the environment, natural resources, and
3.6agriculture.
3.7 Subd. 2.Coordination.(a) The pesticide management plan shall must be coordinated
3.8and developed with:
3.9 (1) other state agency plans and with;
3.10 (2) the Minnesota Indian Affairs Council;
3.11 (3) other state agencies through the Environmental Quality Board; and
3.12 (4) Minnesota Tribal governments.
3.13 (b) In addition, the University of Minnesota Extension Service, farm organizations,
3.14farmers, environmental organizations, and industry shall, and Minnesota Tribal governments
3.15must be involved in the pesticide management plan development.
3.16 Sec. 6. Minnesota Statutes 2024, section 18B.063, is amended to read:
3.17 18B.063 STATE USES OF PESTICIDES AND NUTRIENTS.
3.18 (a) The state shall use integrated pest management techniques in its management of
3.19public lands, including roadside rights-of-way, parks, and forests; and shall use planting
3.20regimes that minimize the need for pesticides and added nutrients.
3.21 (b) The state must take particular care to ensure that pesticides do not flow into wild
3.22rice waters.
3.23 Sec. 7. Minnesota Statutes 2024, section 18B.305, is amended to read:
3.24 18B.305 PESTICIDE EDUCATION AND TRAINING.
3.25 Subdivision 1.Education and training.(a) The commissioner, as the lead agency, shall
3.26develop, implement or approve, and evaluate, in consultation with University of Minnesota
3.27Extension, the Minnesota State Colleges and Universities system, and other educational
3.28institutions, innovative educational and training programs addressing pesticide concerns
3.29including:
3.30 (1) water quality protection;
3Sec. 7.
REVISOR CKM/CH 25-0286501/29/25 4.1 (2) endangered species protection;
4.2 (3) protection of wild rice waters;
4.3 (3) (4) minimizing pesticide residues in food and water;
4.4 (4) (5) worker protection and applicator safety;
4.5 (5) (6) chronic toxicity;
4.6 (6) (7) integrated pest management and pest resistance;
4.7 (7) (8) pesticide disposal;
4.8 (8) (9) pesticide drift;
4.9 (9) (10) relevant laws including pesticide labels and labeling and state and federal rules
4.10and regulations;
4.11 (10) (11) current science and technology updates; and
4.12 (11) (12) thresholds and guidance to reduce the impacts of insecticide on pollinators.
4.13 (b) The commissioner shall appoint educational planning committees, which must include
4.14representatives of industry and, applicators, and Minnesota Tribal governments.
4.15 (c) Specific current regulatory concerns must be discussed and, if appropriate,
4.16incorporated into each training session. Relevant changes to pesticide product labels or
4.17labeling or state and federal rules and regulations may be included.
4.18 (d) The commissioner may approve programs from private industry, higher education
4.19institutions, and nonprofit organizations that meet minimum requirements for education,
4.20training, and certification.
4.21 Subd. 2.Training manual and examination development.The commissioner, in
4.22consultation with University of Minnesota Extension, Tribal colleges, and other higher
4.23education institutions, shall continually revise and update pesticide applicator training
4.24manuals and examinations. The manuals and examinations must be written to meet or exceed
4.25the minimum competency standards required by the United States Environmental Protection
4.26Agency and pertinent state specific information. Pesticide applicator training manuals and
4.27examinations must meet or exceed the competency standards in Code of Federal Regulations,
4.28title 40, part 171. Competency standards for training manuals and examinations must be
4.29published on the Department of Agriculture website. Questions in the examinations must
4.30be determined by the commissioner in consultation with other responsible agencies. Manuals
4.31and examinations must include pesticide management practices that discuss prevention of
4Sec. 7.
REVISOR CKM/CH 25-0286501/29/25 5.1pesticide occurrence in groundwater and surface water of the state, including wild rice
5.2waters, and economic thresholds and guidance for insecticide use.
5.3 Sec. 8. [84.0912] PROTECTING WILD RICE.
5.4 Subdivision 1.Policy; findings.It is the policy of the state to recognize the inherent
5.5right of uncultivated wild rice to exist and thrive in Minnesota. The legislature finds that
5.6wild rice:
5.7 (1) is a nutrient-rich, natural food source that has been sustainably harvested in this state
5.8for centuries;
5.9 (2) is sacred to Indian Tribes and is a core component of their cultural identity;
5.10 (3) thrives in clean, shallow water, without requiring pesticides, fertilizers, or harmful
5.11chemicals;
5.12 (4) supports rural economies by providing jobs, fostering local businesses, and supporting
5.13ecotourism;
5.14 (5) plays a crucial role in preventing toxic algae blooms, absorbing carbon dioxide,
5.15fostering vital habitat for fish, and stabilizing lake beds; and
5.16 (6) is essential for safeguarding Tribal food security and upholding Tribal treaty rights.
5.17 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the
5.18meanings given.
5.19 (b) "Agency" means a department, agency, board, commission, or other group in the
5.20executive branch of state government; a statutory or home rule charter city, county, or town;
5.21any metropolitan agency or regional entity; and any other political subdivision of the state.
5.22 (c) "Wild rice risk justification" means a document that quantifies and justifies the
5.23potential risk of adverse effects to wild rice waters and that meets the requirements of
5.24subdivision 4.
5.25 (d) "Wild rice waters" means waters identified as wild rice waters on a map maintained
5.26by the commissioner of natural resources under section 84.1523.
5.27 Subd. 3.Permits affecting wild rice.Notwithstanding any other provision of law, an
5.28agency may not issue a permit, license, or other approval for an activity or facility in wild
5.29rice waters, or at a location likely to adversely affect wild rice waters, unless the agency
5.30prepares a wild rice risk justification according to subdivision 4.
5Sec. 8.
REVISOR CKM/CH 25-0286501/29/25 6.1 Subd. 4.Wild rice risk justification requirements.A wild rice risk justification must
6.2include at least the following:
6.3 (1) identification and a detailed description of all wild rice waters potentially threatened
6.4by the activity or facility proposed to be permitted, licensed, or approved;
6.5 (2) identification of all scenarios that might pose a risk to the wild rice waters identified
6.6under clause (1), the likelihood of each scenario occurring, and the scale of damage to wild
6.7rice waters that would likely result from each scenario; and
6.8 (3) an explanation of how the benefits of the proposed activity or facility justify the risk
6.9posed by the activity or facility to wild rice waters.
6.10 Subd. 5.Public comment and review; posting.(a) The agency must provide a draft
6.11wild rice risk justification for public comment if a public comment process is required as
6.12part of issuing the permit, license, or approval. When public comment is required, the agency
6.13must also provide a copy of the draft wild rice risk justification to affected Tribes.
6.14 (b) When a permit, license, or approval subject to this section is issued, the agency must
6.15post the corresponding wild rice risk justification on the agency's website.
6.16 Sec. 9. [84.1523] WILD RICE WATERS MAPS.
6.17 The commissioner of natural resources must maintain maps that show where wild rice
6.18waters are located in this state and must make the maps available to the public on the
6.19department's website.
6.20 Sec. 10. Minnesota Statutes 2024, section 86B.311, subdivision 4, is amended to read:
6.21 Subd. 4.Swimming or bathing areas Unauthorized operation.(a) A person may not
6.22operate a watercraft within a water area that has been marked off or set aside as a swimming
6.23or bathing area as prescribed by the commissioner's rules.
6.24 (b) A person may not operate a watercraft:
6.25 (1) in or through an uncultivated wild rice bed unless the watercraft is propelled by hand,
6.26such as a skiff or canoe; or
6.27 (2) at greater than slow-no-wake speed within 150 feet of an uncultivated wild rice bed.
6Sec. 10.
REVISOR CKM/CH 25-0286501/29/25 7.1 Sec. 11. APPROPRIATION; WILD RICE WATERS MAPS.
7.2 $....... in fiscal year 2026 is appropriated from the general fund to the commissioner of
7.3natural resources to develop and maintain the wild rice waters maps required by Minnesota
7.4Statutes, section 84.1523.
7Sec. 11.
REVISOR CKM/CH 25-0286501/29/25