SF 1478

Introduction - 80th Legislature (1997 - 1998)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to the environment; preserving prairies; 
  1.3             limiting the application of pesticides; providing 
  1.4             criminal penalties; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 18B. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [18B.40] [RAILROAD PRAIRIE INVENTORY AND 
  1.8   REGISTRATION.] 
  1.9      Subdivision 1.  [RAILROAD PRAIRIE INVENTORY.] Before 
  1.10  January 1, 1998, each railroad company operating in Minnesota 
  1.11  shall conduct an inventory of the rights-of-way under its 
  1.12  ownership or control.  The inventory shall identify the 
  1.13  geographic location, extent, character, and relationship to 
  1.14  adjoining plant communities of all native prairies on each 
  1.15  railroad right-of-way. 
  1.16     Subd. 2.  [PRAIRIE INVENTORY REGISTRATION.] Before March 
  1.17  15, 1998, each railroad company operating in Minnesota shall, in 
  1.18  cooperation with the department of natural resources, develop a 
  1.19  prairie preservation plan appropriate for each prairie on the 
  1.20  rights-of-way under its ownership or control.  The preservation 
  1.21  plan must be filed with and approved by the commissioner of 
  1.22  natural resources not later than March 15, 1998.  The plan shall 
  1.23  specify methods of prairie preservation proposed, including 
  1.24  controlled burning. 
  1.25     Subd. 3.  [PRAIRIE INVENTORY REVIEW.] Railroad prairie 
  2.1   management plans shall be reviewed annually for compliance by 
  2.2   the commissioner of natural resources not later than March 15 of 
  2.3   each calendar year. 
  2.4      Subd. 4.  [PESTICIDE APPLICATION LIMITATIONS.] (a) No 
  2.5   person may apply pesticide on any railroad right-of-way except 
  2.6   in conformance with a railroad prairie preservation plan filed 
  2.7   in accordance with subdivisions 2 and 3.  Each individual 
  2.8   intending to apply and applying a pesticide must be familiar 
  2.9   with and comply with the railroad prairie preservation plan for 
  2.10  the area of the intended application. 
  2.11     (b) This subdivision does not prevent the application of a 
  2.12  pesticide within five feet of the center of a railroad track. 
  2.13     Subd. 5.  [EXEMPTIONS.] Except as necessary to comply with 
  2.14  the Endangered Species Act, Public Law Number 100-478, this 
  2.15  section does not apply to persons engaged in: 
  2.16     (1) farming on farmland and farm right-of-way; 
  2.17     (2) structural pest control; 
  2.18     (3) residential lawn applications; 
  2.19     (4) forest management activities; 
  2.20     (5) control of noxious weeds or mosquitoes, arthropods, or 
  2.21  insects of public health importance under chapter 18; or 
  2.22     (6) pest or weed control in geographic areas where other 
  2.23  methods of control designed to preserve prairies are a valid 
  2.24  public safety concern. 
  2.25     Subd. 6.  [PLANNING.] Each railroad company shall file with 
  2.26  the commissioner of natural resources a plan containing 
  2.27  anticipated dates, routes, and applicators of pesticide 
  2.28  application on its rights-of-way not later than March 15 of each 
  2.29  calendar year. 
  2.30     Subd. 7.  [PENALTIES.] Each person or company violating a 
  2.31  provision of this section is guilty of a misdemeanor, punishable 
  2.32  by a fine of not less than $100 nor more than $1,000 for each 
  2.33  day of the violation.  Criminal penalties do not bar additional 
  2.34  civil liability.  Notwithstanding any contractual relationships 
  2.35  it may have, each railroad company is liable at civil law for 
  2.36  any violation of this section. 
  3.1      Sec. 2.  [EFFECTIVE DATE.] 
  3.2      Section 1 is effective June 1, 1997.