HF 1851

as introduced - 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; providing 
  1.4             criminal penalties; appropriating money; proposing 
  1.5             coding for new law in Minnesota 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 January 1, 
  1.9   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, the commissioner must 
  1.17  develop a prairie preservation plan along all railroad 
  1.18  rights-of-way by July 1, 1998.  The plan must specify methods of 
  1.19  prairie preservation proposed including controlled burning. 
  1.20     Sec. 2.  [219.991] [PESTICIDE APPLICATION LIMITATIONS.] 
  1.21     Subdivision 1.  [CONFORMANCE WITH PLAN.] (a) No person may 
  1.22  apply any pesticide on any railroad right-of-way except in 
  1.23  accordance with the railroad prairie preservation plan completed 
  1.24  under section 219.99.  Each individual applying pesticide must 
  1.25  be familiar with and comply with the railroad prairie 
  2.1   preservation plan for the area in which the individual is 
  2.2   employed. 
  2.3      (b) This subdivision does not prevent the application of a 
  2.4   pesticide within five feet from either side of the center of a 
  2.5   railroad track. 
  2.6      Subd. 2.  [EXEMPTIONS.] Except as necessary to comply with 
  2.7   the Endangered Species Act, Public Law Number 100-478, this 
  2.8   section does not apply to persons engaged in: 
  2.9      (1) farming on farmland and farm right-of-way; 
  2.10     (2) structural pest control; 
  2.11     (3) residential lawn applications; 
  2.12     (4) forest management activities; 
  2.13     (5) control of obnoxious weeds or mosquitoes, arthropods, 
  2.14  or insects of public health importance under chapter 18 or 
  2.15  section 473.04; or 
  2.16     (6) pest or weed control in geographic areas where other 
  2.17  methods of control designed to preserve prairies constitute a 
  2.18  valid public safety concern.  
  2.19     Subd. 3.  [PLANNING.] Each railroad company shall file with 
  2.20  the commissioner of natural resources a plan containing 
  2.21  anticipated dates, routes, and applicators of pesticide 
  2.22  application on its rights-of-way no later than March 15 of each 
  2.23  calendar year. 
  2.24     Subd. 4.  [PENALTIES.] Each person or company violating 
  2.25  this section shall be guilty of a misdemeanor.  Criminal 
  2.26  penalties shall not bar additional civil liability. 
  2.27     Sec. 3.  [APPROPRIATION.] 
  2.28     $50,000 in fiscal year 1998 is appropriated from the 
  2.29  general fund to the commissioner of natural resources for the 
  2.30  prairie right-of-way inventory and plan in sections 1 and 2.  
  2.31  The appropriation must be equally matched by railroad companies 
  2.32  or other private or public entities. 
  2.33     Sec. 4.  [EFFECTIVE DATE.] 
  2.34     Section 1 is effective June 1, 1997.  Section 2 is 
  2.35  effective July 1, 1998.