HF 1851

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to the environment; preserving prairies; 
  1.3             limiting the application of pesticides; appropriating 
  1.4             money; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 219. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [219.99] [RAILROAD PRAIRIE INVENTORY AND PLAN.] 
  1.8      Subdivision 1.  [RAILROAD PRAIRIE INVENTORY.] By November 
  1.9   1, 1998, each railroad company operating in Minnesota shall, in 
  1.10  cooperation with the commissioner of natural resources, conduct 
  1.11  an inventory of the rights-of-way under its ownership or 
  1.12  control.  The inventory must identify the geographic location, 
  1.13  extent, character, and relationship to adjoining plant 
  1.14  communities of all native prairies on each railroad right-of-way.
  1.15     Subd. 2.  [PRAIRIE PRESERVATION PLAN.] Based on the 
  1.16  inventory completed in subdivision 1, and on similar inventories 
  1.17  already conducted by the department of natural resources and 
  1.18  other state or federal agencies, the commissioner of natural 
  1.19  resources must develop a prairie preservation plan along all 
  1.20  railroad rights-of-way by October 1, 1999.  The plan must 
  1.21  specify methods of prairie preservation proposed including 
  1.22  controlled burning.  Prior to completion of the plan, the 
  1.23  department must issue management guidelines that railroads must 
  1.24  implement immediately.  The preservation plan shall supersede 
  1.25  any management guidelines previously issued. 
  2.1      Sec. 2.  [219.991] [PESTICIDE APPLICATION LIMITATIONS.] 
  2.2      Subdivision 1.  [CONFORMANCE WITH PLAN.] (a) No person may 
  2.3   apply any pesticide on any railroad right-of-way except in 
  2.4   accordance with the railroad prairie preservation plan completed 
  2.5   under section 219.99.  Each individual applying pesticide must 
  2.6   be familiar with and comply with the railroad prairie 
  2.7   preservation plan for the area in which the individual is 
  2.8   employed. 
  2.9      (b) This subdivision does not prevent the application of a 
  2.10  pesticide within five feet from either side of the center of a 
  2.11  railroad track. 
  2.12     Subd. 2.  [EXEMPTIONS.] Except as necessary to comply with 
  2.13  the Endangered Species Act, Public Law Number 100-478, this 
  2.14  section does not apply to persons engaged in: 
  2.15     (1) farming on farmland and farm right-of-way; 
  2.16     (2) commercial application of pesticides on farmland and 
  2.17  farm right-of-way; 
  2.18     (3) structural pest control; 
  2.19     (4) residential lawn applications; 
  2.20     (5) forest management activities; 
  2.21     (6) control of noxious weeds or mosquitoes, arthropods, or 
  2.22  insects of public health importance under chapter 18 or section 
  2.23  473.04; or 
  2.24     (7) pest or weed control in geographic areas where other 
  2.25  methods of control designed to preserve prairies constitute a 
  2.26  valid public safety concern.  
  2.27     Subd. 3.  [PLANNING.] Each railroad company shall file with 
  2.28  the commissioner of natural resources a plan containing 
  2.29  anticipated dates, routes, and applicators of pesticide on its 
  2.30  rights-of-way no later than March 15 of each calendar year. 
  2.31     Sec. 3.  [APPROPRIATION.] 
  2.32     $50,000 in fiscal year 1998 is appropriated from the 
  2.33  general fund to the commissioner of natural resources for the 
  2.34  prairie right-of-way inventory and plan in sections 1 and 2.  
  2.35  The appropriation must be equally matched by railroad companies, 
  2.36  proportionately based on the number of railroad track miles each 
  3.1   company maintains in the state. 
  3.2      Sec. 4.  [EFFECTIVE DATE.] 
  3.3      Section 1 is effective June 1, 1997.  Section 2 is 
  3.4   effective April 1, 1998, except that subdivision 3 is effective 
  3.5   March 15, 1998.