HF 1895

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; changing certain pest control
programs; expanding the definition of shade tree;
appropriating money; amending Minnesota Statutes 2004,
section 18G.16, subdivisions 1, 2, 3, 4, 5, 6, 7, 8,
9, 14.

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

Section 1.

Minnesota Statutes 2004, section 18G.16,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this
subdivision apply to this section.

(b) "Metropolitan area" means the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

(c) "Municipality" means a home rule charter or statutory
city or a town located in the metropolitan area that exercises
municipal powers under section 368.01 or any general or special
law; a special park district organized under chapter 398; a
special-purpose park and recreation board organized under the
city charter of a city of the first class located in the
metropolitan area; a county in the metropolitan area for the
purposes of county-owned property or any portion of a county
located outside the geographic boundaries of a city or a town
exercising municipal powers; and a municipality or county
located outside the metropolitan area with an approved deleted text begin disease
deleted text end new text begin pest new text end control program.

(d) "Shade tree deleted text begin disease deleted text end new text begin pest new text end " means deleted text begin Dutch elm disease, oak
wilt, or any disorder deleted text end new text begin pests or pathogens new text end affecting the growth
and life of shade trees.

(e) "Wood utilization or disposal system" means facilities,
equipment, or systems used for the removal and disposal of
diseased new text begin or pest-infested new text end shade trees, including collection,
transportation, processing, or storage of wood and assisting in
the recovery of materials or energy from wood.

(f) "Approved deleted text begin disease deleted text end new text begin pest new text end control program" means a
municipal plan approved by the commissioner to control new text begin or
eradicate a new text end shade tree deleted text begin disease deleted text end new text begin pest new text end .

(g) " deleted text begin Disease deleted text end new text begin Pest new text end control area" means an area approved by
the commissioner within which a municipality will conduct an
approved deleted text begin disease deleted text end new text begin pest new text end control program.

(h) "Sanitation" means the identification, inspection,
disruption of a common root system, girdling, trimming, removal,
and disposal of dead new text begin , pest-infested new text end or diseased wood of shade
trees, including subsidies for trees removed pursuant to
subdivision 4, on public or private property within a disease
control area.

(i) "Reforestation" means the replacement of shade trees
removed from public property and the planting of a tree as part
of a municipal disease control program. For purposes of this
paragraph, "public property" includes private property within
five feet of the boulevard or street terrace in a city that
enacted an ordinance on or before January 1, 1977, that
prohibits or requires a permit for the planting of trees in the
public right-of-way.

new text begin (j) "Shade tree" means a woody perennial grown primarily
for aesthetic or environmental purposes.
new text end

Sec. 2.

Minnesota Statutes 2004, section 18G.16,
subdivision 2, is amended to read:

Subd. 2.

Commissioner to adopt rules.

The commissioner
may adopt rules relating to shade tree pest and disease control
in any municipality. The rules must prescribe control measures
to be used to prevent the spread of shade tree pests and
diseases and must include the following:

(1) a definition of shade tree;

(2) qualifications for tree inspectors;

(3) methods of identifying diseased or deleted text begin infested
deleted text end new text begin pest-infested new text end shade trees;

(4) procedures for giving reasonable notice of inspection
of private real property;

(5) measures for the removal of any shade tree which may
contribute to the spread of shade tree pests or disease and for
reforestation of pest or disease control areas;

(6) approved methods of treatment of shade trees;

(7) criteria for priority designation areas in an approved
pest or disease control program; and

(8) any other matters determined necessary by the
commissioner to prevent the spread of shade tree pests or
disease and enforce this section.

Sec. 3.

Minnesota Statutes 2004, section 18G.16,
subdivision 3, is amended to read:

Subd. 3.

Diagnostic laboratory.

The commissioner shall
operate a diagnostic laboratory for culturing diseased or
deleted text begin infested deleted text end new text begin pest-infested new text end trees for positive identification of
diseased or deleted text begin infested deleted text end new text begin pest-infested new text end shade trees.

Sec. 4.

Minnesota Statutes 2004, section 18G.16,
subdivision 4, is amended to read:

Subd. 4.

Cooperation by university.

The University of
Minnesota College of Natural Resources shall cooperate with the
department in control of shade tree disease, pests, and
disorders and management of shade tree populations. The College
of Natural Resources shall cooperate with the department to
conduct tree inspector certification and recertification
workshops for certified tree inspectors. The College of Natural
Resources shall also conduct research into means for identifying
diseased new text begin or pest-infested new text end shade trees, develop and evaluate
control measures, and develop means for disposing of and using
diseased new text begin or pest-infested new text end shade trees.

Sec. 5.

Minnesota Statutes 2004, section 18G.16,
subdivision 5, is amended to read:

Subd. 5.

Experimental programs.

The commissioner may
establish experimental programs for sanitation or treatment of
shade tree diseases and for research into tree varieties most
suitable for municipal reforestation. The research must include
considerations of disease resistance, energy conservation, and
other factors considered appropriate. The commissioner may make
grants to municipalities or enter into contracts with
municipalities, nurseries, colleges, universities, or state or
federal agencies in connection with experimental shade tree
programs including research to assist municipalities in
establishing priority designation areas for shade tree deleted text begin disease
deleted text end new text begin pest new text end control and energy conservation.

Sec. 6.

Minnesota Statutes 2004, section 18G.16,
subdivision 6, is amended to read:

Subd. 6.

Removal of diseased or deleted text begin infested deleted text end new text begin pest-infested
new text end trees.

After reasonable notice of inspection, an owner of real
property containing a shade tree that is diseased, infested, or
may contribute to the spread of pests or disease, must remove or
treat the tree within the period of time and in the manner
established by the commissioner. Trees that are not removed in
compliance with the commissioner's rules must be declared a
public nuisance and removed or treated by approved methods by
the municipality, which may assess all or part of the expense,
limited to the lowest contract rates available that include wage
levels which meet Minnesota minimum wage standards, to the
property and the expense becomes a lien on the property. A
municipality may assess not more than 50 percent of the expense
of treating with an approved method or removing diseased new text begin or
pest-infested new text end shade trees located on street terraces or
boulevards to the abutting properties and the assessment becomes
a lien on the property.

Sec. 7.

Minnesota Statutes 2004, section 18G.16,
subdivision 7, is amended to read:

Subd. 7.

Rules; applicability to municipalities.

The
rules of the commissioner apply in a municipality unless the
municipality adopts an ordinance determined by the commissioner
to be more stringent than the rules of the commissioner. The
rules of the commissioner or the municipality apply to all state
agencies, special purpose districts, and metropolitan
commissions as defined in section 473.121, subdivision 5a, that
own or control land adjacent to or within a shade tree deleted text begin disease
deleted text end new text begin pest new text end control area.

Sec. 8.

Minnesota Statutes 2004, section 18G.16,
subdivision 8, is amended to read:

Subd. 8.

Grants to municipalities.

(a) The commissioner
may, in the name of the state and within the limit of
appropriations provided, make a grant to a municipality with an
approved deleted text begin disease deleted text end new text begin pest new text end control program for the partial funding of
municipal sanitation and reforestation programs to replace trees
lost to new text begin pest, new text end disease new text begin , new text end or natural disaster. The commissioner
may make a grant to a home rule charter or statutory city, a
special purpose park and recreation board organized under a
charter of a city of the first class, a nonprofit corporation
serving a city of the first class, or a county having an
approved deleted text begin disease deleted text end new text begin pest new text end control program for the acquisition or
implementation of a wood use or disposal system.

(b) The commissioner shall adopt rules for the
administration of grants under this subdivision. The rules must
contain:

(1) procedures for grant applications;

(2) conditions and procedures for the administration of
grants;

(3) criteria of eligibility for grants including, but not
limited to, those specified in this subdivision; and

(4) other matters the commissioner may find necessary to
the proper administration of the grant program.

(c) Grants for wood utilization and disposal systems made
by the commissioner under this subdivision must not exceed 50
percent of the total cost of the system. Grants for sanitation
and reforestation must be combined into one grant program.
Grants to a municipality for sanitation must not exceed 50
percent of sanitation costs approved by the commissioner
including any amount of sanitation costs paid by special
assessments, ad valorem taxes, federal grants, or other funds.
A municipality must not specially assess a property owner an
amount greater than the amount of the tree's sanitation cost
minus the amount of the tree's sanitation cost reimbursed by the
commissioner. Grants to municipalities for reforestation must
not exceed 50 percent of the wholesale cost of the trees planted
under the reforestation program; provided that a reforestation
grant to a county may include 90 percent of the cost of the
first 50 trees planted on public property in a town not included
in the definition of municipality in subdivision 1 and with less
than 1,000 population when the town applies to the county.
Reforestation grants to towns and home rule charter or statutory
cities of less than 4,000 population with an approved deleted text begin disease
deleted text end new text begin pest new text end control program may include 90 percent of the cost of the
first 50 trees planted on public property. The governing body
of a municipality that receives a reforestation grant under this
section must appoint up to seven residents of the municipality
or designate an existing municipal board or committee to serve
as a reforestation advisory committee to advise the governing
body of the municipality in the administration of the
reforestation program. For the purpose of this subdivision,
"cost" does not include the value of a gift or dedication of
trees required by a municipal ordinance but does include
documented "in-kind" services or voluntary work for
municipalities with a population of less than 1,000 according to
the most recent federal census.

(d) Based upon estimates submitted by the municipality to
the commissioner, which state the estimated costs of sanitation
and reforestation in the succeeding quarter under an approved
program, the commissioner shall direct quarterly advance
payments to be made by the state to the municipality commencing
April 1. The commissioner shall direct adjustment of any
overestimate in a succeeding quarter. A municipality may elect
to receive the proceeds of its sanitation and reforestation
grants on a periodic cost reimbursement basis.

(e) A home rule charter or statutory city, county outside
the metropolitan area, or any municipality, as defined in
subdivision 1, may submit an application for a grant authorized
by this subdivision concurrently with its request for approval
of a deleted text begin disease deleted text end new text begin pest new text end control program.

(f) The commissioner shall not make grants for sanitation
and reforestation or wood utilization and disposal systems in
excess of deleted text begin 67 deleted text end new text begin 50 new text end percent of the amounts appropriated for those
purposes to the municipalities located within the metropolitan
area, as defined in subdivision 1.

Sec. 9.

Minnesota Statutes 2004, section 18G.16,
subdivision 9, is amended to read:

Subd. 9.

Subsidies to certain owners.

A municipality may
provide subsidies to nonprofit organizations, to owners of
private residential property of five acres or less, to owners of
property used for a homestead of more than five acres but less
than 20 acres, and to nonprofit cemeteries for the approved
treatment or removal of diseased new text begin or pest-infested new text end shade trees.

Notwithstanding any law to the contrary, an owner of
property on which shade trees are located may contract with a
municipality to provide protection against the cost of approved
treatment or removal of diseased new text begin or pest-infested new text end shade trees or
shade trees that will contribute to the spread of shade tree
diseases new text begin or pest infestations new text end . Under the contract, the
municipality must pay for the removal or approved treatment
under terms and conditions determined by its governing body.

Sec. 10.

Minnesota Statutes 2004, section 18G.16,
subdivision 14, is amended to read:

Subd. 14.

Municipal option to participate in program.

The term "municipality" shall include only those municipalities
which have informed the commissioner of their intent to continue
an approved deleted text begin disease deleted text end new text begin pest new text end control program. Any municipality
desiring to participate in the grants-in-aid for the partial
funding of municipal sanitation and reforestation programs must
notify the commissioner in writing before the beginning of the
calendar year in which it wants to participate and must have an
approved deleted text begin disease deleted text end new text begin pest new text end control program during any year in which
it receives grants-in-aid. Notwithstanding the provisions of
any law to the contrary, no municipality shall be required to
have an approved deleted text begin disease deleted text end new text begin pest new text end control program after December 31,
1981.

Sec. 11. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the
commissioner of agriculture for the shade tree pest control
program under Minnesota Statutes, section 18G.16. This
appropriation is available until expended.
new text end