HF 2963

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; establishing regulation of ballast water discharge
into Lake Superior; setting ballast water exchange, discharge, and treatment
standards; requiring adoption of rules; requiring regional cooperation; providing
civil penalties; proposing coding for new law in Minnesota Statutes, chapter 84D.

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

Section 1.

new text begin [84D.16] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For purposes of sections 84D.16 to 84D.26, the
following terms have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Agency. new text end

new text begin "Agency" means the Pollution Control Agency.
new text end

new text begin Subd. 3. new text end

new text begin Ballast water. new text end

new text begin "Ballast water" means water taken on board a vessel to
control trim, list, draft, stability, or stresses of the vessel, including matter suspended
in such water, or any water placed into a ballast tank during cleaning, maintenance, or
other operations.
new text end

new text begin Subd. 4. new text end

new text begin Ballast water capacity. new text end

new text begin "Ballast water capacity" means the total
volumetric capacity of any tanks, spaces, or compartments on a vessel that is used for
carrying, loading, or discharging ballast water, including any multiple use tank, space, or
compartment designed to allow carriage of ballast water.
new text end

new text begin Subd. 5. new text end

new text begin Ballast water management. new text end

new text begin "Ballast water management" means
mechanical, physical, chemical, and biological processes used, either singularly or in
combination, to remove, render harmless, or avoid the uptake or discharge of harmful
aquatic organisms and pathogens within ballast water and sediment.
new text end

new text begin Subd. 6. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of the Pollution
Control Agency.
new text end

new text begin Subd. 7. new text end

new text begin Constructed. new text end

new text begin "Constructed" means a state of construction of a vessel at
which the keel is laid, construction identifiable with the specific vessel begins, assembly
of the vessel has begun comprising at least 50 tons or one percent of the estimated mass
of all structural material of the vessel, whichever is less, or the vessel undergoes a major
conversion.
new text end

new text begin Subd. 8. new text end

new text begin Environmentally sound. new text end

new text begin "Environmentally sound" methods, efforts,
actions, or programs means methods, efforts, actions, or programs to prevent introductions
or control infestations of invasive species that minimize adverse impacts to the structure
and function of an ecosystem and adverse effects on nontarget organisms and ecosystems
and emphasize integrated pest management techniques and nonchemical measures.
new text end

new text begin Subd. 9. new text end

new text begin Exclusive economic zone. new text end

new text begin "Exclusive economic zone" means the
exclusive economic zone of the United States established by Proclamation Number 5030,
dated March 10, 1983, and the equivalent zone of Canada.
new text end

new text begin Subd. 10. new text end

new text begin Foreign vessel. new text end

new text begin "Foreign vessel" means a vessel of foreign registry or
operated under the authority of a foreign country.
new text end

new text begin Subd. 11. new text end

new text begin Great Lakes. new text end

new text begin "Great Lakes" means:
new text end

new text begin (1) Lake Ontario;
new text end

new text begin (2) Lake Erie;
new text end

new text begin (3) Lake Huron, including Lake St. Clair;
new text end

new text begin (4) Lake Michigan;
new text end

new text begin (5) Lake Superior;
new text end

new text begin (6) connecting channels to any of the lakes in clauses (1) to (5), including the St.
Mary's River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to
the Canadian border; and
new text end

new text begin (7) all other bodies of water within the drainage basin of the lakes and connecting
channels in clauses (1) to (6).
new text end

new text begin Subd. 12. new text end

new text begin Great Lakes region. new text end

new text begin "Great lakes region" means the eight states that
border on the Great Lakes: Minnesota, Wisconsin, Illinois, Michigan, Indiana, Ohio,
Pennsylvania, and New York.
new text end

new text begin Subd. 13. new text end

new text begin Sediment. new text end

new text begin "Sediment" means matter that has settled out of ballast water
within a vessel.
new text end

new text begin Subd. 14. new text end

new text begin State waters of Lake Superior. new text end

new text begin "State waters of Lake Superior" means
the surface waters of Lake Superior and waters that discharge, flow, or otherwise are
transferred into Lake Superior that are under the jurisdiction of the state.
new text end

new text begin Subd. 15. new text end

new text begin Vessel of the armed forces. new text end

new text begin "Vessel of the armed forces" means any
vessel:
new text end

new text begin (1) owned or operated by the United States Department of Defense, other than a
time or voyage chartered vessel; or
new text end

new text begin (2) owned or operated by the United States Department of Homeland Security that is
designated by the commissioner as a vessel equivalent to a vessel described in clause (1).
new text end

Sec. 2.

new text begin [84D.17] BALLAST WATER MANAGEMENT; PERMITS.
new text end

new text begin Subdivision 1. new text end

new text begin No ballast on board. new text end

new text begin The operator of an oceangoing vessel that is
designed, constructed, or adapted to carry ballast water in the state waters of Lake Superior
and that has no ballast water on board must conduct ballast water management according
to the same standards and requirements applicable to a vessel with ballast water on board.
new text end

new text begin Subd. 2. new text end

new text begin International Maritime Organization standards. new text end

new text begin By January 1, 2009,
the operator of a vessel that is designed, constructed, or adapted to carry ballast water in
the state waters of Lake Superior must conduct ballast water management according to
the standards for ballast water management established by the International Maritime
Organization.
new text end

new text begin Subd. 3. new text end

new text begin Permit required. new text end

new text begin By January 1, 2011, no person may operate a vessel
that is designed, constructed, or adapted to carry ballast water in the state waters of Lake
Superior without obtaining a permit from the agency. The commissioner shall issue a
permit to the owner or operator of a vessel if:
new text end

new text begin (1) the vessel meets the ballast water uptake, discharge, treatment, and sediment
management requirements under sections 84D.16 to 84D.21;
new text end

new text begin (2) there is a ballast water management plan for the vessel that is approved by the
commissioner under section 84D.22; and
new text end

new text begin (3) there is a ballast record book on the vessel that meets the requirements of
section 84D.23.
new text end

new text begin Subd. 4. new text end

new text begin Initial permit; examination. new text end

new text begin If, on the basis of an initial examination
under section 84D.24, the commissioner finds that a vessel complies with the permit
requirements in subdivision 3, the commissioner shall issue a permit under this section as
evidence of compliance. The permit is valid for a period of not more than five years, as
specified by the commissioner. The permit or a true copy shall be maintained on board
the vessel.
new text end

new text begin Subd. 5. new text end

new text begin Fees. new text end

new text begin The commissioner shall collect permit fees in amounts not greater
than those necessary to cover the reasonable costs of developing, reviewing, and acting
upon applications for ballast water management permits and implementing and enforcing
the conditions of the permits according to rules adopted by the commissioner. Permit
fees shall not include the costs of litigation. The fee schedule must reflect reasonable
and routine direct and indirect costs associated with permitting, implementation, and
enforcement. Any money collected under this subdivision shall be deposited in the
environmental fund.
new text end

new text begin Subd. 6. new text end

new text begin Exemptions. new text end

new text begin (a) The following vessels are not required to obtain a permit
or meet the requirements of sections 84D.16 to 84D.26:
new text end

new text begin (1) a vessel that carries all of its ballast water in sealed tanks that are not subject to
discharge; or
new text end

new text begin (2) vessels of the United States armed forces.
new text end

new text begin (b) The commissioner may adopt alternative rules that are consistent with sections
84D.16 to 84D.26 for application to recreational vessels less than 50 meters in length that
have a maximum ballast water capacity of eight cubic meters.
new text end

new text begin Subd. 7. new text end

new text begin Rules. new text end

new text begin The commissioner shall adopt rules to implement sections 84D.16
to 84D.26.
new text end

Sec. 3.

new text begin [84D.18] BALLAST WATER UPTAKE AND DISCHARGE
REQUIREMENTS.
new text end

new text begin (a) By January 1, 2011, the operator of a vessel required to have a permit under
section 84D.17 must not conduct the uptake or discharge of ballast water or sediment in
state waters of Lake Superior except under the following circumstances:
new text end

new text begin (1) the uptake or discharge is solely for the purpose of ensuring the safety of the
vessel in an emergency situation or saving a life at sea;
new text end

new text begin (2) the uptake or discharge:
new text end

new text begin (i) is accidental and the result of damage to the vessel or its equipment;
new text end

new text begin (ii) all reasonable precautions to prevent or minimize ballast water and sediment
discharge have been taken before and after the damage occurs, the discovery of the
damage, and the discharge; and
new text end

new text begin (iii) the owner or officer in charge of the vessel did not willfully or recklessly
cause the damage;
new text end

new text begin (3) the uptake or discharge is solely the purpose of avoiding or minimizing the
discharge of pollution from the vessel that would otherwise violate applicable federal
or state law; or
new text end

new text begin (4) the uptake or discharge of ballast water and sediment occurs at the same location
where the whole of that ballast water and sediment originated and there is no mixing with
ballast water and sediment from another area that has not been managed according to
sections 84D.16 to 84D.26.
new text end

new text begin (b) The commissioner shall notify vessel owners and operators of any area in state
waters of Lake Superior in which vessels may not take on ballast water due to known
conditions. The notice shall include the coordinates of the area and, if possible, the
location of alternative areas for uptake of ballast water.
new text end

Sec. 4.

new text begin [84D.19] BALLAST WATER EXCHANGE REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin (a) By January 1, 2011, the operator of a vessel
that is required to have a permit under section 84D.17 that is not required to conduct
ballast water treatment according to section 84D.20 may not discharge ballast water in
state waters of Lake Superior, except after:
new text end new text begin new text end

new text begin (1) conducting ballast water exchange as required by this section, according to
rules adopted by the commissioner;
new text end

new text begin (2) using ballast water treatment technology that meets the performance standards of
section 84D.20; or
new text end

new text begin (3) using environmentally sound alternative ballast water treatment technology if
the commissioner determines that the treatment technology is at least as effective as
the ballast water exchange required under clause (1) in preventing and controlling the
introduction of invasive species.
new text end

new text begin (b) For purposes of this section, a ballast water treatment technology is at least as
effective as the ballast water exchange required by paragraph (a), clause (1), in preventing
and controlling the introduction of invasive species if preliminary experiments prior to
installation of the technology aboard the vessel demonstrate that the technology removed
or killed at least 98 percent of organisms larger than 50 microns.
new text end

new text begin (c) By January 1, 2009, the commissioner shall develop and issue guidelines on
technology that may be used under paragraph (a), clause (3). The commissioner shall
allow a vessel using environmentally sound alternative ballast treatment technology under
paragraph (a), clause (3), to continue to use that technology for five years after the date on
which the environmentally sound alternative ballast water technology was first placed in
service on the vessel or the date on which treatment requirements under section 84D.20
become applicable, whichever is later.
new text end

new text begin Subd. 2. new text end

new text begin Exchange areas. new text end

new text begin (a) The operator of a vessel that is required to have a
permit under section 84D.17 and that originates from a port or place outside the waters
subject to the jurisdiction of the state shall conduct ballast water exchange at least 200
nautical miles from the nearest point of land and in water at least 200 meters in depth.
new text end

new text begin (b) The operator of a vessel that is required to have a permit under section 84D.17
and that originates from a port or place within the United States exclusive economic zone,
or from a port within 200 nautical miles of the United States in Canada, Mexico, or other
ports designated by the commissioner for purposes of this section, shall conduct ballast
water exchange at least 50 nautical miles from the nearest point of land and in waters at
least 200 meters in depth.
new text end

new text begin Subd. 3. new text end

new text begin Safety or stability exception. new text end

new text begin (a) Subdivision 2 does not apply to the
discharge of ballast water:
new text end

new text begin (1) if the commissioner determines that compliance with subdivision 2 would
threaten the safety or stability of the vessel, its crew, or its passengers; or
new text end

new text begin (2) if the owner or operator of the vessel determines that compliance with
subdivision 2 would threaten the safety or stability of the vessel, its crew, or its passengers
because of adverse weather, equipment failure, or any other relevant condition.
new text end

new text begin (b) Whenever the owner or operator of a vessel is unable to comply with the
requirements of subdivision 2 because of a determination made under paragraph (a),
clause (2), the owner or operator of the vessel shall:
new text end

new text begin (1) notify the commissioner as soon as practicable thereafter but no later than 24
hours after making the determination and ensure that the determination, the reasons for
the determination, and the notice are recorded in the vessel's ballast water record book
required under section 84D.18; and
new text end

new text begin (2) undertake ballast water exchange according to subdivision 5 if safety or stability
concerns prevent undertaking ballast water exchange in the alternative area.
new text end

new text begin (c) If the owner or operator of a vessel conducts a ballast water discharge under this
subdivision, the commissioner shall review the circumstances to determine whether the
discharge met the requirements of this subdivision. The review under this paragraph is in
addition to any other enforcement authority of the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Discharge under waiver. new text end

new text begin (a) If, because of the short length of a voyage,
the operator of a vessel is unable to discharge ballast water according to subdivision 2,
paragraph (b), without substantial business hardship, as determined under rules adopted
by the commissioner, the operator may request a waiver from the commissioner and
discharge the ballast water according to subdivision 5. A request for a waiver under this
subdivision shall be submitted to the commissioner at such time and in such form and
manner as the commissioner may require.
new text end

new text begin (b) For purposes of this subdivision, the factors taken into account in determining
substantial business hardship include whether:
new text end

new text begin (1) compliance with subdivision 2, paragraph (b), would require a significant change
in routing or scheduling of service so as to compromise the economic or commercial
viability of the trade or business in which the vessel is operated; or
new text end

new text begin (2) it is reasonable to expect that the trade, business, or service provided will be
continued only if a waiver is granted under this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Permissible discharge. new text end

new text begin (a) If allowed under subdivision 3, ballast water
may be discharged if it is:
new text end

new text begin (1) in an area designated for that purpose by the commissioner, after consultation
with the commissioners of other state agencies, representatives from other states in the
Great Lakes region, and representatives of any local government that may be affected by
discharge of ballast water in that area; or
new text end

new text begin (2) into a reception facility described in section 84D.20.
new text end

new text begin (b) The volume of any ballast water discharged under this subdivision may not
exceed the volume necessary to ensure the safe operation of the vessel.
new text end

new text begin Subd. 6. new text end

new text begin Certain geographically limited routes. new text end

new text begin The owner or operator of a
vessel required to have a permit under section 84D.17 is exempt from this section if the
vessel operates exclusively in an area for which the commissioner has determined, after
consultation with the commissioners of other state agencies, representatives from other
states in the Great Lakes region, and representatives of any local government that may
be affected by discharge of ballast water, that the risk of introducing invasive species
through ballast water discharge is insignificant.
new text end

new text begin Subd. 7. new text end

new text begin Prohibited areas. new text end

new text begin A vessel may not conduct ballast water exchange or
discharge ballast water under this section:
new text end

new text begin (1) within a national marine sanctuary designated under the National Marine
Sanctuary Act, United States Code, title 16, chapter 32, section 1431;
new text end

new text begin (2) in waters that are designated as a nondischarge zone under section 312(n)(7) of
the Federal Water Pollution Control Act, United States Code, title 33, chapter 26, section
1322(n)(7); or
new text end

new text begin (3) in any other waters designated by the commissioner in consultation with the
commissioners of other state agencies, representatives from other states in the Great Lakes
region, and representatives of any local government that may be affected by discharge of
ballast water.
new text end

new text begin Subd. 8. new text end

new text begin Vessels without ballast. new text end

new text begin (a) The commissioner shall adopt rules that are
intended to minimize the introduction of invasive species from vessels required to have a
permit under section 84D.17 that have not undertaken ballast water exchange according to
this section and enter a port in the Great Lakes without pumpable ballast water.
new text end

new text begin (b) The ballast water treatment regulations applicable under section 84D.20 apply to
vessels without pumpable ballast water until the earlier of:
new text end

new text begin (1) the date on which such vessels are required to conduct ballast water treatment
according to the requirements of section 84D.20; or
new text end

new text begin (2) the effective date of the rules adopted by the commissioner under this section.
new text end

Sec. 5.

new text begin [84D.20] BALLAST WATER TREATMENT REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin (a) A vessel required to have a permit under section
84D.17 shall conduct ballast water treatment according to this section before discharging
ballast water in state waters of Lake Superior, so that the ballast water discharged contains:
new text end

new text begin (1) less than one living organism per ten cubic meters that is 50 or more micrometers
in minimum dimension;
new text end

new text begin (2) less than one living organism per ten milliliters that is less than 50 micrometers
in minimum dimension and more than ten micrometers in minimum dimension;
new text end

new text begin (3) concentrations of indicator microbes that are less than:
new text end

new text begin (i) one colony forming unit of toxicogenic Vibrio cholera (serotypes O1 and O139)
per 100 milliliters or less than one colony forming unit of that microbe per gram of wet
weight of zoological samples;
new text end

new text begin (ii) 126 colony forming units of Escherichia coli per 100 milliliters; and
new text end

new text begin (iii) 33 colony forming units of intestinal enterococci per 100 milliliters; and
new text end

new text begin (4) concentrations of such additional indicator microbes as may be specified in rules
adopted by the commissioner, after consultation with other appropriate agencies, that are
less than the amount specified in those rules.
new text end

new text begin (b) Paragraph (a) does not apply to a vessel that discharges ballast water into a
land-based or water-based facility for the reception of ballast water that meets standards
adopted by the commissioner.
new text end

new text begin (c) Paragraph (a) applies to a vessel required to have a permit under section 84D.17
beginning on the date of the first drydocking of the vessel after January 1, 2011, but
not later than January 1, 2012.
new text end

new text begin Subd. 2. new text end

new text begin Ballast water treatment system approval. new text end

new text begin (a) The operator of a vessel
may not use a ballast water treatment system to comply with this section unless the system
is approved by the commissioner.
new text end

new text begin (b) The commissioner shall adopt rules establishing a process for approving ballast
water treatment systems. In approving ballast water treatment systems under this section,
the commissioner may rely on reports, documents, and records of persons that meet such
requirements as the commissioner may prescribe.
new text end

new text begin Subd. 3. new text end

new text begin Feasibility review; revisions of standards. new text end

new text begin (a) Not later than January
1, 2009, the commissioner shall complete a review to determine whether appropriate
technologies are available to achieve the requirements under subdivision 1. In reviewing
the technologies the commissioner shall consider:
new text end

new text begin (1) the effectiveness of a technology in achieving the requirements;
new text end

new text begin (2) feasibility in terms of compatibility with ship design and operations;
new text end

new text begin (3) safety considerations;
new text end

new text begin (4) whether a technology has an adverse impact on the environment; and
new text end

new text begin (5) cost effectiveness.
new text end

new text begin (b) If the commissioner determines, on the basis of the review conducted in
paragraph (a), that compliance with the requirements under subdivision 1 is not feasible
for any class of vessels, the commissioner:
new text end

new text begin (1) may extend the date on which the requirements apply for a period not to exceed
12 months, but not later than January 1, 2012; and
new text end

new text begin (2) shall recommend action to ensure that compliance with the extended date is
achieved.
new text end

new text begin (c) If the commissioner determines that ballast water treatment technology exists
that exceeds the requirements under subdivision 1, the commissioner shall revise, for any
class of vessels, the requirements to incorporate the higher standards.
new text end

new text begin Subd. 4. new text end

new text begin Delay for vessels participating in technology evaluation programs. new text end

new text begin (a)
If a vessel participates in a program using a technology approved by the commissioner to
test and evaluate promising ballast water treatment technologies that are likely to result
in treatment technologies that are the same as or more stringent than the requirements to
which the vessel would be subject to, the commissioner shall allow the vessel to use the
technology for a 10-year period and the vessel shall be deemed to be in compliance with
subdivision 1 during that 10-year period.
new text end

new text begin (b) The commissioner shall seek to ensure that a wide variety of vessel types and
voyages are included in the evaluation program, but may not grant a delay under this
subdivision to more than five percent of the vessels to which this section applies.
new text end

new text begin (c) The commissioner may terminate the 10-year grace period of a vessel under
this subdivision if:
new text end

new text begin (1) the participation of the vessel in the program is terminated without the consent of
the commissioner;
new text end

new text begin (2) the vessel does not comply with the manufacturer's standards for operating the
ballast water treatment technology used on the vessel; or
new text end

new text begin (3) the commissioner determines that the approved technology is insufficiently
effective or is causing harm to the environment.
new text end

new text begin Subd. 5. new text end

new text begin Review. new text end

new text begin (a) By January 1, 2011, and every third year thereafter, the
commissioner shall complete a review of ballast water treatment requirements under
this section to determine if the requirements should be revised to reduce the amount of
organisms or microbes allowed to be discharged, taking into account improvements in the
scientific understanding of biological processes leading to the spread of invasive species
and improvements in ballast water treatment technology. The commissioner shall revise
the requirements of this section as necessary.
new text end

new text begin (b) In adjusting the requirements of this section, the commissioner shall provide for
the prospective application of the adjusted requirements to vessels constructed after the
date on which the adjusted requirements apply and for an orderly phase-in of the adjusted
requirements to existing vessels.
new text end

new text begin Subd. 6. new text end

new text begin High-risk vessels. new text end

new text begin (a) By January 16, 2012, the commissioner shall
publish and regularly update a list of vessels identified by the commissioner that, due to
factors such as the origin of their voyages, the frequency of their voyages, the volume of
ballast water they carry, the biological makeup of the ballast water, and the fact that they
frequently discharge ballast water under an exception to section 84D.19, pose a high risk
of introducing invasive species into the state waters of Lake Superior.
new text end

new text begin (b) The commissioner shall give priority to vessels on the list for participation in
a technology evaluation program under subdivision 4. Any other agency may develop
and implement technology development programs or other incentives, whether positive or
negative, to encourage the adoption of ballast water treatment technology by those vessels
consistent with the requirements of this section on an expedited basis.
new text end

new text begin Subd. 7. new text end

new text begin Exemptions. new text end

new text begin (a) This section does not apply to a vessel that operates
exclusively within an area where the commissioner has determined, by rule, that the
risk of introducing invasive species through ballast water discharge from the vessel
is insignificant.
new text end

new text begin (b) The commissioner shall develop and require a vessel exempted from complying
with this section to follow best practices to minimize the spread of invasive species
in its operation area. The best practices shall be developed in consultation with the
commissioners of other state agencies, representatives from other states in the Great Lakes
region, and representatives of any local governments affected by ballast water discharge.
new text end

new text begin (c) The commissioner, at the request of the commissioner of agriculture, shall
require a vessel exempted from this section to have a ballast water treatment system
approved by the commissioner to stop the spread of infectious diseases to plants and
animals as otherwise authorized by law.
new text end

new text begin Subd. 8. new text end

new text begin Laboratories. new text end

new text begin The commissioner may use any state, nonstate, or foreign
laboratory that meets standards established by the commissioner for the purposes of
evaluating and certifying ballast water treatment technologies that meet the requirements
of this section.
new text end

Sec. 6.

new text begin [84D.21] SEDIMENT MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Sediment removal and disposal. new text end

new text begin The operator of a vessel required
to have a permit under section 84D.17 may not remove or dispose of sediment from
spaces designed to carry ballast water, except:
new text end

new text begin (1) according to this section and the vessel's ballast water management plan
approved under section 84D.22; and
new text end

new text begin (2) when removal or disposal occurs more than 200 nautical miles from the nearest
point of land or into a reception facility that meets the requirements of subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Design requirements. new text end

new text begin (a) By January 1, 2011, a vessel to which this
section applies may not be operated on state waters of Lake Superior unless that vessel
is designed and constructed according to rules adopted under this subdivision and in
a manner that:
new text end

new text begin (1) minimizes the uptake and entrapment of sediment;
new text end

new text begin (2) facilitates removal of sediment; and
new text end

new text begin (3) provides for safe access for sediment removal and sampling.
new text end

new text begin (b) A vessel to which this section applies that was constructed before January 1,
2011, shall be modified, to the extent practicable, at the first drydocking of the vessel after
January 15, 2011, but no later than January 1, 2016, to achieve the objectives described in
paragraph (a).
new text end

new text begin (c) The commissioner shall adopt rules establishing design and construction
standards to achieve the objectives of paragraph (a) and providing guidance for the
modifications and practices under paragraph (b). The commissioner shall incorporate
the standards and guidance in the rules governing the ballast water management plan
approved under section 84D.22.
new text end

new text begin Subd. 3. new text end

new text begin Sediment reception facilities. new text end

new text begin (a) The commissioner shall adopt rules
governing facilities for the reception of vessel sediment from spaces designed to carry
ballast water. The rules must provide for the disposal of sediment in a way that does
not impair or damage the environment, human health, or property or resources of the
disposal area.
new text end

new text begin (b) The commissioner shall designate facilities for the reception of vessel sediment
that comply with the rules adopted under paragraph (a) at ports and terminals where
ballast tanks are cleaned or repaired.
new text end

Sec. 7.

new text begin [84D.22] BALLAST WATER MANAGEMENT PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Ballast water management plan required. new text end

new text begin (a) The operator of a
vessel required to have a permit under section 84D.17 shall conduct all ballast water
management operations of the vessel according to a ballast water management plan that is
designed to minimize the discharge of invasive species, meets the requirements prescribed
by the commissioner under subdivision 2, and is approved by the commissioner.
new text end

new text begin (b) The owner or operator of a vessel required to have a permit under section 84D.17
shall maintain a copy of the vessel's ballast water management plan on board at all times
and keep the plan readily available for examination by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Ballast water management plan approval. new text end

new text begin (a) The commissioner may
not approve a ballast water management plan unless the commissioner determines that
the plan:
new text end

new text begin (1) describes in detail the actions to be taken to implement the ballast water
management requirements established under sections 84D.16 to 84D.26;
new text end

new text begin (2) describes in detail the procedures to be used for disposal of sediment at sea and
on shore according to sections 84D.16 to 84D.26;
new text end

new text begin (3) describes in detail safety procedures for the vessel and crew associated with
ballast water management;
new text end

new text begin (4) designates the officer on board the vessel in charge of ensuring that the plan
is properly implemented;
new text end

new text begin (5) contains the reporting requirements for vessels established under sections 84D.16
to 84D.26 and a copy of each form necessary to meet those requirements; and
new text end

new text begin (6) meets all other requirements prescribed by the commissioner.
new text end

new text begin (b) The commissioner may approve a ballast water management plan for a foreign
vessel on the basis of a certificate of compliance with the criteria described in paragraph
(a) issued by the vessels's country of registration according to rules adopted by the
commissioner.
new text end

Sec. 8.

new text begin [84D.23] BALLAST WATER RECORD BOOK.
new text end

new text begin Subdivision 1. new text end

new text begin Ballast water record book required. new text end

new text begin The owner or operator of
a vessel required to have a permit under section 84D.17 shall maintain, in English on
board the vessel, a ballast water record book in which each operation of the vessel
involving ballast water or sediment discharge is recorded according to rules adopted
by the commissioner. The ballast water record book shall be kept readily available for
examination by the commissioner. In cases where a vessel is unmanned and being towed,
the ballast water record book may be kept on the towing vessel.
new text end

new text begin Subd. 2. new text end

new text begin Retention period. new text end

new text begin A ballast water record book required in subdivision 1
shall be retained on board the vessel for three years after the date on which the last entry
in the book is made and shall be retained under the control of the vessel's owner for
an additional three years.
new text end

new text begin Subd. 3. new text end

new text begin Regulations. new text end

new text begin (a) The commissioner shall require, at a minimum, that:
new text end

new text begin (1) each entry in the ballast water record book be signed and dated by the officer in
charge of the ballast water operation recorded;
new text end

new text begin (2) each completed page in the ballast water record book be signed and dated by
the owner or operator of the vessel; and
new text end

new text begin (3) the owner or operator of the vessel transmit any information to the commissioner
regarding the ballast operations of the vessel as the commissioner may require by rule.
new text end

new text begin (b) The commissioner may adopt rules for alternative methods of record keeping,
including electronic record keeping, to comply with the requirements of this section.
Any electronic record keeping method authorized by the commissioner shall support the
inspection and enforcement provisions of section 84D.24 and shall comply with applicable
standards of the state and the National Institute of Standards and Technology governing
reliability, integrity, identity authentication, and nonrepudiation of stored electronic data.
new text end

Sec. 9.

new text begin [84D.24] EXAMINATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Initial examination. new text end

new text begin (a) The commissioner shall examine vessels
before issuing a ballast water management permit to determine whether:
new text end

new text begin (1) there is a ballast water management plan for the vessel that is approved by
the commissioner;
new text end

new text begin (2) there is a ballast record book on the vessel that meets the requirements of
section 84D.23; and
new text end

new text begin (3) the equipment used for ballast water and sediment management under sections
84D.16 to 84D.26 is installed and functioning properly.
new text end

new text begin (b) For vessels constructed on or after January 1, 2011, the commissioner shall
conduct the examination required by paragraph (a) when the vessel first engages in port
operations in the state.
new text end

new text begin (c) For vessels constructed before January 1, 2011, the commissioner shall:
new text end

new text begin (1) conduct the examination required by paragraph (a) before the date on which
section 84D.20, subdivision 1, applies to the vessel; and
new text end

new text begin (2) inspect the vessel's ballast water record book required by section 84D.23.
new text end

new text begin (d) For foreign vessels or vessels originating outside of the state or its waters, the
commissioner shall perform the examination required by paragraph (a) the first time the
vessel engages in port operations in the state.
new text end

new text begin Subd. 2. new text end

new text begin Subsequent inspections. new text end

new text begin In addition to the examination required by
subdivision 1, the commissioner shall annually examine vessels required to have a permit
under section 84D.17 to ensure compliance with sections 84D.16 to 84D.26.
new text end

new text begin Subd. 3. new text end

new text begin Inspection authority. new text end

new text begin (a) The commissioner may inspect a vessel required
to have a permit under section 84D.17 at any time, including taking ballast water samples,
to ensure compliance with sections 84D.16 to 84D.26. The commissioner shall use all
appropriate and practical measures of detection and environmental monitoring and shall
establish adequate procedures for reporting violations of sections 84D.16 to 84D.26 and
accumulating evidence regarding such violations.
new text end

new text begin (b) Upon receipt of evidence that a violation has occurred, the commissioner shall
cause the matter to be investigated. In an investigation under this subdivision, the
commissioner may issue subpoenas to require the attendance of any witness and the
production of documents and other evidence. In case of refusal to obey a subpoena issued
under this subdivision, the commissioner may request assistance of the attorney general.
new text end

new text begin Subd. 4. new text end

new text begin Notification of violations. new text end

new text begin If the commissioner finds, on the basis of an
examination under subdivision 1 or 2, investigation under subdivision 3, or any other
information, that a vessel is being operated in violation of sections 84D.16 to 84D.26,
the commissioner shall:
new text end

new text begin (1) notify, in writing, the owner or operator of the vessel and the captain of the port
at the vessel's next port of call;
new text end

new text begin (2) remove from the vessel the permit issued under section 84D.17; and
new text end

new text begin (3) take other actions as may be appropriate.
new text end

new text begin Subd. 5. new text end

new text begin Compliance monitoring. new text end

new text begin (a) The commissioner shall adopt rules for
sampling and other procedures to monitor compliance with sections 84D.16 to 84D.26.
new text end

new text begin (b) The commissioner may verify compliance with the treatment and discharge
requirements of section 84D.20 through identification markers associated with a treatment
technology's effectiveness, such as the presence of indicators associated with a certified
treatment technology.
new text end

new text begin Subd. 6. new text end

new text begin Education and technical assistance programs. new text end

new text begin The commissioner may
carry out education and technical assistance programs and other measures to promote
compliance with the requirements of sections 84D.16 to 84D.26.
new text end

new text begin Subd. 7. new text end

new text begin Detention of vessels. new text end

new text begin The commissioner, by notice to the owner, charterer,
operator, agent, master, or other individual in charge of a vessel, may detain the vessel
if the commissioner has reasonable cause to believe that:
new text end

new text begin (1) the vessel is a vessel required to have a permit under section 84D.17; and
new text end

new text begin (2) the vessel does not comply with a requirement of sections 84D.16 to 84D.26 or is
being operated in violation of sections 84D.16 to 84D.26.
new text end

new text begin Subd. 8. new text end

new text begin Civil penalty. new text end

new text begin (a) A person who violates sections 84D.16 to 84D.26 or
rules adopted thereunder is liable for a civil penalty in an amount not to exceed $32,500
per violation. Each day of a continuing violation constitutes a separate violation. A vessel
operated in violation of sections 84D.16 to 84D.26 or rules adopted thereunder is liable in
rem for any civil penalty assessed under this subdivision for that violation.
new text end

new text begin (b) If the commissioner finds, after notice and an opportunity for a hearing, that
a person has violated sections 84D.16 to 84D.26 or rules adopted thereunder, the
commissioner may assess a civil penalty for that violation. In determining the amount
of the civil penalty, the commissioner shall take into account the nature, circumstances,
extent, and gravity of the prohibited acts committed and, with respect to the violator, the
degree of culpability, any history of prior violations, and such other matters as justice
may require.
new text end

new text begin (c) At the request of the commissioner, the attorney general may bring a civil action
in court to enforce sections 84D.16 to 84D.26 or rules adopted thereunder. Any court
before which an action is brought may award appropriate relief, including temporary or
permanent injunctions and civil penalties.
new text end

Sec. 10.

new text begin [84D.25] CONSULTATION AND COOPERATION.
new text end

new text begin Subdivision 1. new text end

new text begin Great Lakes Panel on Aquatic Nuisance Species. new text end

new text begin The
commissioner shall cooperate to the fullest extent practical with the Great Lakes Panel on
Aquatic Nuisance Species to ensure development of standards for the control of invasive
species that are broadly protective of the state waters of Lake Superior and other natural
resources.
new text end

new text begin Subd. 2. new text end

new text begin Cooperation with other state agencies. new text end

new text begin In developing the rules adopted
under sections 84D.16 to 84D.26, the commissioner shall consult with the commissioners
of commerce, agriculture, natural resources, and any other agency that the commissioner
determines to be necessary to develop and implement an effective program for preventing
the introduction and spread of invasive species through ballast water.
new text end

new text begin Subd. 3. new text end

new text begin Canada and other foreign governments. new text end

new text begin (a) In developing the rules
adopted under sections 84D.16 to 84D.26, the commissioner is encouraged to consult
with the government of Canada and any other government of a foreign country that the
commissioner determines to be necessary to develop and implement an effective program
for preventing the introduction and spread of invasive species through ballast water.
new text end

new text begin (b) The commissioner shall ensure that foreign vessels do not receive more favorable
treatment than vessels of the United States when the commissioner performs studies,
reviews compliance, determines effectiveness, establishes rules, or performs any other
responsibilities under sections 84D.16 to 84D.26.
new text end

Sec. 11.

new text begin [84D.26] RAPID RESPONSE PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Rapid response plan. new text end

new text begin The commissioner shall prepare and publish
a state rapid response plan for killing, removing, or minimizing the spread of invasive
species in the state waters of Lake Superior in accordance with sections 84D.16 to 84D.26.
The state rapid response plan shall provide for efficient, coordinated, and effective action
to minimize damage from invasive species in the state waters of Lake Superior, including
killing, containing, and removing invasive species, and shall include the following:
new text end

new text begin (1) assignment of duties and responsibilities among state agencies in coordination
with local agencies, port authorities, and private entities;
new text end

new text begin (2) identification, procurement, maintenance, and storage of equipment and supplies
needed to facilitate the killing, containment, and removal of invasive species under
sections 84D.16 to 84D.26;
new text end

new text begin (3) establishment or designation of:
new text end

new text begin (i) personnel who shall be trained and prepared by the commissioner and shall be
available to provide necessary services to carry out the state rapid response plan;
new text end

new text begin (ii) adequate equipment and material needed to facilitate the killing, containment,
and removal of invasive species under sections 84D.16 to 84D.26; and
new text end

new text begin (iii) detailed plans to kill, contain, and remove invasive species, including measures
to protect fisheries and wildlife;
new text end

new text begin (4) a system of surveillance and notice designed to safeguard against, as well
as ensure earliest possible notice of, the introduction of invasive species and imminent
threats of introduction to the appropriate state and local agencies;
new text end

new text begin (5) establishment of a state center to provide coordination and direction for
operations in carrying out the plan;
new text end

new text begin (6) procedures and techniques to be employed in identifying, containing, killing, and
removing invasive species in the state waters of Lake Superior;
new text end

new text begin (7) a schedule identifying:
new text end

new text begin (i) mitigating devices and substances, if any, that may be used in carrying out the
plan;
new text end

new text begin (ii) the waters in which mitigating devices and substances may be used; and
new text end

new text begin (iii) the quantities of mitigating devices or substances that can be used safely in
such waters;
new text end

new text begin (8) a system whereby the state and local entities affected may act where necessary to
remove invasive species;
new text end

new text begin (9) establishment of criteria and procedures to ensure immediate and effective state
identification of, and response to, an introduction of invasive species;
new text end

new text begin (10) designation of the state official who shall be the state on-scene coordinator for
measures taken to kill, contain, and remove invasive species; and
new text end

new text begin (11) a fish and wildlife response plan for the immediate and effective protection,
rescue, and rehabilitation of, and the minimization of risk of damage to, fish and wildlife
resources and their habitat that are harmed or that may be jeopardized by an introduction
of an invasive species.
new text end

new text begin Subd. 2. new text end

new text begin State removal. new text end

new text begin The commissioner shall ensure, in accordance with the
state rapid response plan, effective and immediate killing, containing, and removal of
invasive species in the state waters of Lake Superior. In carrying out this subdivision, the
commissioner may kill, contain, and remove an invasive species at any time and direct or
monitor all state and private actions to kill, contain, and remove invasive species.
new text end

new text begin Subd. 3. new text end

new text begin Actions in accordance with state rapid response plan. new text end

new text begin A state agency,
local agency, owner or operator of a vessel, or other person participating in efforts under
this section shall act in accordance with the state rapid response plan or as directed by
the commissioner.
new text end

Sec. 12. new text begin EMERGENCY PLAN TO PREVENT INTRODUCTION OF VIRAL
HEMORRHAGIC SEPTICEMIA.
new text end

new text begin By April 15, 2008, the commissioner of the Pollution Control Agency shall adopt
an emergency plan to prevent the introduction of viral hemorrhagic septicemia into the
waters of the state. As part of the plan, the commissioner shall amend Minnesota Rules,
part 7001.1030, subpart 2, to strike item A and shall adopt measures to prevent the
introduction of viral hemorrhagic septicemia into waters of the state through the discharge
of ballast water.
new text end

new text begin Adoption of the plan under this section is exempt from the rulemaking procedures of
Minnesota Statutes, chapter 14, according to Minnesota Statutes, section 14.386.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13. new text begin BALLAST WATER MANAGEMENT REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Other vessel sources. new text end

new text begin By January 1, 2009, the commissioner shall
submit a report to the legislature on vessel-related pathways of harmful aquatic organisms
and pathogens other than ballast water and sediment, including vessel hulls and equipment
and vessels equipped with ballast tanks that carry no ballast water on board.
new text end

new text begin Subd. 2. new text end

new text begin Best practices. new text end

new text begin As soon as practicable, but no later than January 1,
2009, the commissioner shall adopt best practices standards and procedures designed to
reduce the introduction and spread of invasive species within the state waters of Lake
Superior from vessels and establish a time frame for implementation of those standards
and procedures by vessels. Such standards and procedures shall include designation of
geographical locations for uptake and discharge of untreated ballast water, as well as
standards and procedures for other vessel pathways of aquatic invasive species. The
commissioner may enforce standards and procedures developed under this subdivision. By
January 1, 2009, the commissioner shall submit a report to the legislature describing the
standards and procedures developed under this subdivision and the implementation time
frame, together with such recommendations as the commissioner determines appropriate.
new text end

new text begin Subd. 3. new text end

new text begin Transiting vessels. new text end

new text begin By January 1, 2009, the commissioner shall submit
a report to the legislature containing: an assessment of the magnitude and potential
adverse impacts of ballast water operations from foreign vessels designed, adapted, or
constructed to carry ballast water that are transiting state waters of Lake Superior; and
recommendations, including legislative recommendations if appropriate, of options for
addressing ballast water operations of those vessels.
new text end