Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1247 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to environment; modifying pesticide provisions to protect wild rice waters;
3	3	1.3 protecting wild rice by requiring a wild rice risk justification before issuing certain
4	4	1.4 permits; prohibiting operation of watercraft in a manner that threatens uncultivated
5	5	1.5 wild rice beds; requiring maintenance of wild rice waters maps; appropriating
6	6	1.6 money; amending Minnesota Statutes 2024, sections 1.148; 18B.01, by adding a
7	7	1.7 subdivision; 18B.03, by adding a subdivision; 18B.04; 18B.045; 18B.063; 18B.305;
8	8	1.8 86B.311, subdivision 4; proposing coding for new law in Minnesota Statutes,
9	9	1.9 chapter 84.
10	10	1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
11	11	1.11 Section 1. Minnesota Statutes 2024, section 1.148, is amended to read:
12	12	1.12 1.148 STATE GRAIN.
13	13	1.13 Subdivision 1.Wild rice.Zizania aquatica, commonly known as wild rice, psíŋ, or
14	14	1.14manomin manoomin, is the official state grain of the state of Minnesota.
15	15	1.15 Subd. 2.Photograph.A photograph of zizania aquatica or zizania palustris, commonly
16	16	1.16known as wild rice, psíŋ, or manomin manoomin, may be displayed in the Office of the
17	17	1.17Secretary of State.
18	18	1.18 Sec. 2. Minnesota Statutes 2024, section 18B.01, is amended by adding a subdivision to
19	19	1.19read:
20	20	1.20 Subd. 31b.Wild rice waters."Wild rice waters" means waters identified as wild rice
21	21	1.21waters on a map maintained by the commissioner of natural resources under section 84.1523.
22	22	1Sec. 2.
23	23	25-02865 as introduced01/29/25 REVISOR CKM/CH
24	24	SENATE
25	25	STATE OF MINNESOTA
26	26	S.F. No. 1247NINETY-FOURTH SESSION
27	27	(SENATE AUTHORS: KUNESH)
28	28	OFFICIAL STATUSD-PGDATE
29	29	Introduction and first reading02/10/2025
30	30	Referred to Environment, Climate, and Legacy 2.1 Sec. 3. Minnesota Statutes 2024, section 18B.03, is amended by adding a subdivision to
31	31	2.2read:
32	32	2.3 Subd. 4a.Wild rice waters enforcement.The commissioner may take enforcement
33	33	2.4action under chapter 18D for a violation of this chapter, or any rule adopted under this
34	34	2.5chapter, that results in adverse effects to wild rice waters. The commissioner must deposit
35	35	2.6any penalty collected under this subdivision in the pesticide regulatory account in section
36	36	2.718B.05.
37	37	2.8 Sec. 4. Minnesota Statutes 2024, section 18B.04, is amended to read:
38	38	2.9 18B.04 PESTICIDE IMPACT ON ENVIRONMENT .
39	39	2.10 (a) The commissioner shall:
40	40	2.11 (1) determine the impact of pesticides on the environment, including the impacts on
41	41	2.12surface water and groundwater, including wild rice waters, in this state;
42	42	2.13 (2) develop best management practices involving pesticide distribution, storage, handling,
43	43	2.14use, and disposal; and
44	44	2.15 (3) cooperate with and assist other state agencies, Minnesota Tribal governments, and
45	45	2.16local governments to protect public health, wild rice waters, pollinators, and the environment
46	46	2.17from harmful exposure to pesticides.
47	47	2.18 (b) The commissioner may assemble a group of experts under section 16C.10, subdivision
48	48	2.192, to consult in the investigation of pollinator deaths, pollution of wild rice waters, or
49	49	2.20illnesses. The group of experts may include representatives from local, state, and federal
50	50	2.21agencies; Minnesota Tribal governments; academia, including the University of Minnesota;
51	51	2.22the state pollinator bank; or other professionals as deemed necessary by the commissioner.
52	52	2.23The amount necessary for the purposes of this paragraph, not to exceed $100,000 per fiscal
53	53	2.24year, is appropriated from the pesticide regulatory account in section 18B.05.
54	54	2.25 Sec. 5. Minnesota Statutes 2024, section 18B.045, is amended to read:
55	55	2.26 18B.045 PESTICIDE MANAGEMENT PLAN.
56	56	2.27 Subdivision 1.Development.The commissioner shall develop a pesticide management
57	57	2.28plan for the prevention, evaluation, and mitigation of occurrences of pesticides or pesticide
58	58	2.29breakdown products in groundwaters and surface waters, including wild rice waters, of the
59	59	2.30state. The pesticide management plan must include components promoting prevention,
60	60	2.31developing appropriate responses to the detection of pesticides or pesticide breakdown
61	61	2.32products in groundwater and surface waters, and including wild rice waters, and providing
62	62	2Sec. 5.
63	63	25-02865 as introduced01/29/25 REVISOR CKM/CH 3.1responses to reduce or eliminate continued pesticide movement to groundwater and surface
64	64	3.2water, including wild rice waters. By September 1 of each even-numbered year, the
65	65	3.3commissioner must submit a status report on the plan to the Environmental Quality Board
66	66	3.4and the Minnesota Indian Affairs Council for review and then to the house of representatives
67	67	3.5and senate committees with jurisdiction over the environment, natural resources, and
68	68	3.6agriculture.
69	69	3.7 Subd. 2.Coordination.(a) The pesticide management plan shall must be coordinated
70	70	3.8and developed with:
71	71	3.9 (1) other state agency plans and with;
72	72	3.10 (2) the Minnesota Indian Affairs Council;
73	73	3.11 (3) other state agencies through the Environmental Quality Board; and
74	74	3.12 (4) Minnesota Tribal governments.
75	75	3.13 (b) In addition, the University of Minnesota Extension Service, farm organizations,
76	76	3.14farmers, environmental organizations, and industry shall, and Minnesota Tribal governments
77	77	3.15must be involved in the pesticide management plan development.
78	78	3.16 Sec. 6. Minnesota Statutes 2024, section 18B.063, is amended to read:
79	79	3.17 18B.063 STATE USES OF PESTICIDES AND NUTRIENTS.
80	80	3.18 (a) The state shall use integrated pest management techniques in its management of
81	81	3.19public lands, including roadside rights-of-way, parks, and forests; and shall use planting
82	82	3.20regimes that minimize the need for pesticides and added nutrients.
83	83	3.21 (b) The state must take particular care to ensure that pesticides do not flow into wild
84	84	3.22rice waters.
85	85	3.23 Sec. 7. Minnesota Statutes 2024, section 18B.305, is amended to read:
86	86	3.24 18B.305 PESTICIDE EDUCATION AND TRAINING.
87	87	3.25 Subdivision 1.Education and training.(a) The commissioner, as the lead agency, shall
88	88	3.26develop, implement or approve, and evaluate, in consultation with University of Minnesota
89	89	3.27Extension, the Minnesota State Colleges and Universities system, and other educational
90	90	3.28institutions, innovative educational and training programs addressing pesticide concerns
91	91	3.29including:
92	92	3.30 (1) water quality protection;
93	93	3Sec. 7.
94	94	25-02865 as introduced01/29/25 REVISOR CKM/CH 4.1 (2) endangered species protection;
95	95	4.2 (3) protection of wild rice waters;
96	96	4.3 (3) (4) minimizing pesticide residues in food and water;
97	97	4.4 (4) (5) worker protection and applicator safety;
98	98	4.5 (5) (6) chronic toxicity;
99	99	4.6 (6) (7) integrated pest management and pest resistance;
100	100	4.7 (7) (8) pesticide disposal;
101	101	4.8 (8) (9) pesticide drift;
102	102	4.9 (9) (10) relevant laws including pesticide labels and labeling and state and federal rules
103	103	4.10and regulations;
104	104	4.11 (10) (11) current science and technology updates; and
105	105	4.12 (11) (12) thresholds and guidance to reduce the impacts of insecticide on pollinators.
106	106	4.13 (b) The commissioner shall appoint educational planning committees, which must include
107	107	4.14representatives of industry and, applicators, and Minnesota Tribal governments.
108	108	4.15 (c) Specific current regulatory concerns must be discussed and, if appropriate,
109	109	4.16incorporated into each training session. Relevant changes to pesticide product labels or
110	110	4.17labeling or state and federal rules and regulations may be included.
111	111	4.18 (d) The commissioner may approve programs from private industry, higher education
112	112	4.19institutions, and nonprofit organizations that meet minimum requirements for education,
113	113	4.20training, and certification.
114	114	4.21 Subd. 2.Training manual and examination development.The commissioner, in
115	115	4.22consultation with University of Minnesota Extension, Tribal colleges, and other higher
116	116	4.23education institutions, shall continually revise and update pesticide applicator training
117	117	4.24manuals and examinations. The manuals and examinations must be written to meet or exceed
118	118	4.25the minimum competency standards required by the United States Environmental Protection
119	119	4.26Agency and pertinent state specific information. Pesticide applicator training manuals and
120	120	4.27examinations must meet or exceed the competency standards in Code of Federal Regulations,
121	121	4.28title 40, part 171. Competency standards for training manuals and examinations must be
122	122	4.29published on the Department of Agriculture website. Questions in the examinations must
123	123	4.30be determined by the commissioner in consultation with other responsible agencies. Manuals
124	124	4.31and examinations must include pesticide management practices that discuss prevention of
125	125	4Sec. 7.
126	126	25-02865 as introduced01/29/25 REVISOR CKM/CH 5.1pesticide occurrence in groundwater and surface water of the state, including wild rice
127	127	5.2waters, and economic thresholds and guidance for insecticide use.
128	128	5.3 Sec. 8. [84.0912] PROTECTING WILD RICE.
129	129	5.4 Subdivision 1.Policy; findings.It is the policy of the state to recognize the inherent
130	130	5.5right of uncultivated wild rice to exist and thrive in Minnesota. The legislature finds that
131	131	5.6wild rice:
132	132	5.7 (1) is a nutrient-rich, natural food source that has been sustainably harvested in this state
133	133	5.8for centuries;
134	134	5.9 (2) is sacred to Indian Tribes and is a core component of their cultural identity;
135	135	5.10 (3) thrives in clean, shallow water, without requiring pesticides, fertilizers, or harmful
136	136	5.11chemicals;
137	137	5.12 (4) supports rural economies by providing jobs, fostering local businesses, and supporting
138	138	5.13ecotourism;
139	139	5.14 (5) plays a crucial role in preventing toxic algae blooms, absorbing carbon dioxide,
140	140	5.15fostering vital habitat for fish, and stabilizing lake beds; and
141	141	5.16 (6) is essential for safeguarding Tribal food security and upholding Tribal treaty rights.
142	142	5.17 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the
143	143	5.18meanings given.
144	144	5.19 (b) "Agency" means a department, agency, board, commission, or other group in the
145	145	5.20executive branch of state government; a statutory or home rule charter city, county, or town;
146	146	5.21any metropolitan agency or regional entity; and any other political subdivision of the state.
147	147	5.22 (c) "Wild rice risk justification" means a document that quantifies and justifies the
148	148	5.23potential risk of adverse effects to wild rice waters and that meets the requirements of
149	149	5.24subdivision 4.
150	150	5.25 (d) "Wild rice waters" means waters identified as wild rice waters on a map maintained
151	151	5.26by the commissioner of natural resources under section 84.1523.
152	152	5.27 Subd. 3.Permits affecting wild rice.Notwithstanding any other provision of law, an
153	153	5.28agency may not issue a permit, license, or other approval for an activity or facility in wild
154	154	5.29rice waters, or at a location likely to adversely affect wild rice waters, unless the agency
155	155	5.30prepares a wild rice risk justification according to subdivision 4.
156	156	5Sec. 8.
157	157	25-02865 as introduced01/29/25 REVISOR CKM/CH 6.1 Subd. 4.Wild rice risk justification requirements.A wild rice risk justification must
158	158	6.2include at least the following:
159	159	6.3 (1) identification and a detailed description of all wild rice waters potentially threatened
160	160	6.4by the activity or facility proposed to be permitted, licensed, or approved;
161	161	6.5 (2) identification of all scenarios that might pose a risk to the wild rice waters identified
162	162	6.6under clause (1), the likelihood of each scenario occurring, and the scale of damage to wild
163	163	6.7rice waters that would likely result from each scenario; and
164	164	6.8 (3) an explanation of how the benefits of the proposed activity or facility justify the risk
165	165	6.9posed by the activity or facility to wild rice waters.
166	166	6.10 Subd. 5.Public comment and review; posting.(a) The agency must provide a draft
167	167	6.11wild rice risk justification for public comment if a public comment process is required as
168	168	6.12part of issuing the permit, license, or approval. When public comment is required, the agency
169	169	6.13must also provide a copy of the draft wild rice risk justification to affected Tribes.
170	170	6.14 (b) When a permit, license, or approval subject to this section is issued, the agency must
171	171	6.15post the corresponding wild rice risk justification on the agency's website.
172	172	6.16 Sec. 9. [84.1523] WILD RICE WATERS MAPS.
173	173	6.17 The commissioner of natural resources must maintain maps that show where wild rice
174	174	6.18waters are located in this state and must make the maps available to the public on the
175	175	6.19department's website.
176	176	6.20 Sec. 10. Minnesota Statutes 2024, section 86B.311, subdivision 4, is amended to read:
177	177	6.21 Subd. 4.Swimming or bathing areas Unauthorized operation.(a) A person may not
178	178	6.22operate a watercraft within a water area that has been marked off or set aside as a swimming
179	179	6.23or bathing area as prescribed by the commissioner's rules.
180	180	6.24 (b) A person may not operate a watercraft:
181	181	6.25 (1) in or through an uncultivated wild rice bed unless the watercraft is propelled by hand,
182	182	6.26such as a skiff or canoe; or
183	183	6.27 (2) at greater than slow-no-wake speed within 150 feet of an uncultivated wild rice bed.
184	184	6Sec. 10.
185	185	25-02865 as introduced01/29/25 REVISOR CKM/CH 7.1 Sec. 11. APPROPRIATION; WILD RICE WATERS MAPS.
186	186	7.2 $....... in fiscal year 2026 is appropriated from the general fund to the commissioner of
187	187	7.3natural resources to develop and maintain the wild rice waters maps required by Minnesota
188	188	7.4Statutes, section 84.1523.
189	189	7Sec. 11.
190	190	25-02865 as introduced01/29/25 REVISOR CKM/CH