Minnesota Legislature
SF 1343
1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/27/2007 | |
| 1st Engrossment | Posted on 03/12/2007 |
Current Version - 1st Engrossment
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A bill for an act
relating to natural resources; providing for community forest management;
providing for control of forest and shade tree pests; amending Minnesota Statutes
2006, sections 18G.03, by adding a subdivision; 18G.11; 84D.14; 88.01, by
adding a subdivision; 88.79, subdivisions 1, 2; 88.82; 89.001, subdivision 8, by
adding subdivisions; 89.01, subdivisions 1, 2, 4; 89.51, subdivisions 1, 6, 9;
89.52; 89.53; 89.54; 89.55; 89.56, subdivisions 1, 3; 89.57; 89.58; 89.59; 89.60;
89.61; 97A.205; proposing coding for new law in Minnesota Statutes, chapter
89; repealing Minnesota Statutes 2006, sections 18G.16; 89.51, subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 18G.03, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin Certain species not subject to chapter 18G. new text end
new text begin
This chapter does not apply
to exotic aquatic plants and wild animal species regulated under chapter 84D.
new text end
Sec. 2.
Minnesota Statutes 2006, section 18G.11, is amended to read:
18G.11 COOPERATION WITH OTHER JURISDICTIONS.
new text begin Subdivision 1. new text end
new text begin Detection and control agreements. new text end
The commissioner may enter
into cooperative agreements with organizations, persons, civic groups, governmental
agencies, or other organizations to adopt and execute plans to detect and control areas
infested or infected with harmful plant pests. The cooperative agreements may include
provisions of joint funding of any control treatment.
If a harmful plant pest infestation or infection occurs and cannot be adequately
controlled by individual persons, owners, tenants, or local units of government, the
commissioner may conduct the necessary control measures independently or on a
cooperative basis with federal or other units of government.
new text begin Subd. 2. new text end
new text begin New and emerging plant pest programs. new text end
new text begin
The commissioner may make
grants to municipalities or enter into contracts with municipalities, nurseries, colleges,
universities, state or federal agencies in connection with new or emerging plant pests
programs, including research, or any other organization with the legal authority to enter
into contractual agreements.
new text end
Sec. 3.
Minnesota Statutes 2006, section 84D.14, is amended to read:
84D.14 EXEMPTIONS.
This chapter does not apply to:
(1) pathogens and terrestrial arthropods regulated under sections 18G.01 to ; or
(2) mammals and birds defined by statute as livestock.
Sec. 4.
Minnesota Statutes 2006, section 88.01, is amended by adding a subdivision to
read:
new text begin Subd. 27. new text end
new text begin Community forest. new text end
new text begin
"Community forest" means public and private trees
and associated plants occurring individually, in small groups, or under forest conditions
within a municipality.
new text end
Sec. 5.
Minnesota Statutes 2006, section 88.79, subdivision 1, is amended to read:
Subdivision 1.
Employment of competent foresters; service to private owners.
The commissioner of natural resources may employ competent foresters to furnish owners
of forest lands within the state of Minnesota who own not more than 1,000 acres of forest
land, forest management services consisting of:
(1) advice in management and protection of timber, including written stewardship
and forest management plans;
(2) selection and marking of timber to be cut;
(3) measurement of products;
(4) aid in marketing harvested products;
(5) provision of tree-planting equipment; deleted text begin anddeleted text end
(6) new text begin advice in community forest management; and
new text end
new text begin (7) new text end such other services as the commissioner of natural resources deems necessary
or advisable to promote maximum sustained yield of timber new text begin and other benefits new text end upon
such forest lands.
Sec. 6.
Minnesota Statutes 2006, section 88.79, subdivision 2, is amended to read:
Subd. 2.
Charge for service; receipts to special revenue fund.
The commissioner
of natural resources may charge the owner receiving such services such sums as the
commissioner shall determine to be fair and reasonable. The charges must account for
differences in the value of timbernew text begin and other benefitsnew text end . The receipts from such services shall
be credited to the special revenue fund and are annually appropriated to the commissioner
for the purposes specified in subdivision 1.
Sec. 7.
Minnesota Statutes 2006, section 88.82, is amended to read:
88.82 MINNESOTA RELEAF PROGRAM.
The Minnesota releaf program is established in the Department of Natural Resources
to encourage, promote, and fund the new text begin inventory, new text end planting, new text begin assessment, new text end maintenance, deleted text begin anddeleted text end
improvementnew text begin , protection, and restorationnew text end of trees new text begin and forest resources new text end in this state to
new text begin enhance community forest ecosystem health and sustainability as well as to new text end reduce
atmospheric carbon dioxide levels and promote energy conservation.
Sec. 8.
Minnesota Statutes 2006, section 89.001, subdivision 8, is amended to read:
Subd. 8.
Forest resources.
"Forest resources" means those natural assets of forest
lands, including timber and other forest crops; biological diversity; recreation; fish and
wildlife habitat; wilderness; rare and distinctive flora and fauna; air; water; soil; new text begin climate;
new text end and educational, aesthetic, and historic values.
Sec. 9.
Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:
new text begin Subd. 15. new text end
new text begin Forest pest. new text end
new text begin
"Forest pest" means any vertebrate or invertebrate animal,
plant pathogen, or plant that is determined by the commissioner to be harmful, injurious,
or destructive to forests or timber.
new text end
Sec. 10.
Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:
new text begin Subd. 16. new text end
new text begin Shade tree pest. new text end
new text begin
"Shade tree pest" means any vertebrate or invertebrate
animal, plant pathogen, or plant that is determined by the commissioner to be harmful,
injurious, or destructive to shade trees or community forests.
new text end
Sec. 11.
Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:
new text begin Subd. 17. new text end
new text begin Community forest. new text end
new text begin
"Community forest" has the meaning given under
section 88.01, subdivision 27.
new text end
Sec. 12.
Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:
new text begin Subd. 18. new text end
new text begin Shade tree. new text end
new text begin
"Shade tree" means a woody perennial grown primarily
for aesthetic or environmental purposes.
new text end
Sec. 13.
Minnesota Statutes 2006, section 89.01, subdivision 1, is amended to read:
Subdivision 1.
Best methods.
The commissioner shall ascertain and observe the
best methods of reforesting cutover and denuded lands, foresting waste lands, deleted text begin preventing
destructiondeleted text end new text begin minimizing loss or damage new text end of deleted text begin forests and landsdeleted text end new text begin forest resources new text end by fire,new text begin forest
pests, or shade tree pests,new text end administering forests on forestry principles, encouraging private
owners to preserve and grow new text begin trees or new text end timber for commercial new text begin or other new text end purposes, and
conserving the forests around the head waters of streams and on the watersheds of the state.
Sec. 14.
Minnesota Statutes 2006, section 89.01, subdivision 2, is amended to read:
Subd. 2.
General duties.
The commissioner shall execute all rules pertaining
to forestry and forest protection within the jurisdiction of the state; have charge of the
work of protecting all forests and lands from firenew text begin , forest pests, and shade tree pestsnew text end ;
shall investigate the origin of all forest fires; and prosecute all violators as provided by
law; shall prepare and print for public distribution an abstract of the forest fire laws of
Minnesota, together with such rules as may be formulated.
The commissioner shall prepare printed notices calling attention to the dangers from
forest fires and cause them to be posted in conspicuous places.
Sec. 15.
Minnesota Statutes 2006, section 89.01, subdivision 4, is amended to read:
Subd. 4.
Forest plans.
The commissioner shall cooperate with the several
departments of the state and federal governments and with counties, towns, new text begin municipalities,
new text end corporations, or individuals in the preparation of plans for forest protectiondeleted text begin ,deleted text end new text begin and
new text end managementdeleted text begin ,deleted text end new text begin and planting or new text end replacement of treesdeleted text begin ,deleted text end new text begin innew text end wood lotsdeleted text begin ,deleted text end andnew text begin community forests
or onnew text end timber tracts, using such influence as time will permit toward the establishment of
scientific forestry principles in the management, protection, and promotion of the forest
resources of the state.
Sec. 16.
Minnesota Statutes 2006, section 89.51, subdivision 1, is amended to read:
Sec. 17.
Minnesota Statutes 2006, section 89.51, subdivision 6, is amended to read:
Subd. 6.
Infestation.
new text begin "new text end Infestationdeleted text begin ,deleted text end new text begin "new text end includes actual, potential, incipientnew text begin ,new text end or
deleted text begin emergencydeleted text end new text begin emergentnew text end infestation or infection by forest new text begin pests or shade tree new text end pests.
Sec. 18.
Minnesota Statutes 2006, section 89.51, subdivision 9, is amended to read:
Subd. 9.
Forest land or forest.
new text begin "new text end Forest landnew text begin "new text end or new text begin "new text end forestdeleted text begin ,deleted text end new text begin "new text end means land on which
occurs a stand or potential stand of trees valuable for timber products, watershed or
wildlife protection, recreational usesnew text begin , community forest benefits,new text end or other purposes, and
shall include lands owned or controlled by the state of Minnesota.
Sec. 19.
Minnesota Statutes 2006, section 89.52, is amended to read:
89.52 SURVEYS, INVESTIGATIONS.
The commissioner shall make surveys and investigations to determine the presence
of infestations of forest new text begin pests or shade tree new text end pests. For this purposenew text begin ,new text end duly designated
representatives of the commissioner may enter at reasonable times on public and private
lands deleted text begin for the purpose of conducting suchdeleted text end new text begin to conduct thenew text end surveys and investigations.
Sec. 20.
Minnesota Statutes 2006, section 89.53, is amended to read:
89.53 CONTROL OF FOREST new text begin PESTS AND SHADE TREE new text end PESTS.
Subdivision 1.
Commissioner's duties; notice of control measures.
Whenever the
commissioner finds that an area in the state is infested or threatened to be infested with
forest new text begin pests or shade tree new text end pests, the commissioner shall determine whether measures of
control are needed deleted text begin and are availabledeleted text end new text begin , what control measures are to be applied,new text end and the area
over which the control measures shall be applied. The commissioner shall prescribe
a proposed zone of infestation covering the area in which control measures are to be
applied and shall publish notice of the proposal once a week, for two successive weeks
in a newspaper having a general circulation in each county located in whole or in part
in the proposed zone of infestation. Prescribing zones of infestation deleted text begin isdeleted text end new text begin and prescribing
measures of control are new text end exempt from the rulemaking provisions of chapter 14 and section
14.386 does not apply.
Subd. 2.
Notice requirements; public comment.
The notice shall include a
description of the boundaries of the proposed zone of infestationnew text begin , the control measures
to be applied,new text end and a time and place where new text begin municipalities and new text end owners of forest lands new text begin or
shade trees new text end in the zone may show cause orally or in writing why the zone new text begin and control
measures new text end should or should not be established. The commissioner shall consider any
statements received in determining whether the zone shall be establishednew text begin and the control
measures appliednew text end .
new text begin Subd. 3. new text end
new text begin Experimental programs. new text end
new text begin
The commissioner may establish experimental
programs for the control of forest pests or shade tree pests and for municipal reforestation.
new text end
Sec. 21.
Minnesota Statutes 2006, section 89.54, is amended to read:
89.54 ZONES OF INFESTATION, ESTABLISHMENT.
Upon the decision by the commissioner that the establishment of a zone new text begin of
infestation new text end is necessary, the commissioner shall make a written order establishing deleted text begin saiddeleted text end
new text begin the new text end zone, and upon making deleted text begin saiddeleted text end new text begin thenew text end order, deleted text begin saiddeleted text end new text begin thenew text end zone shall be established. Notice of the
establishment of the zone shall thereupon be published in a newspaper having a general
circulation in each county located in whole or in part in the proposed zonenew text begin and posted on
the Department of Natural Resources Web sitenew text end .
Sec. 22.
Minnesota Statutes 2006, section 89.55, is amended to read:
89.55 INFESTATION CONTROL, COSTS.
Upon the establishment of the zone of infestation, the commissioner may apply
measures of infestation new text begin prevention and new text end control on public and private forest and other lands
within deleted text begin suchdeleted text end new text begin thenew text end zone and to any trees, deleted text begin timber,deleted text end plants deleted text begin or shrubs thereondeleted text end new text begin , wood or wood
products, or contaminated soil new text end harboring or which may harbor the forest new text begin pests or shade
tree new text end pests. For this purpose, the duly authorized representatives of the commissioner
are authorized to enter upon any lands, public or private within deleted text begin suchdeleted text end new text begin thenew text end zone. The
commissioner may enter into agreements with owners of the lands in the zone covering
the control work on their lands, and fixing the pro rata basis on which the cost of deleted text begin suchdeleted text end new text begin thenew text end
work will be shared between the commissioner and deleted text begin saiddeleted text end new text begin thenew text end owner.
Sec. 23.
Minnesota Statutes 2006, section 89.56, subdivision 1, is amended to read:
Subdivision 1.
Statement of expenses; cost to owners.
At the end of each fiscal
year and upon completion of the infestation control measures in any zone of infestation,
the commissioner shall prepare a certified statement of expenses incurred in carrying
out deleted text begin suchdeleted text end new text begin thenew text end measures, including expenses of owners covered by agreements entered
into pursuant to section 89.55. The statement shall show the amount deleted text begin whichdeleted text end new text begin thatnew text end the
commissioner determines to be deleted text begin itsdeleted text end new text begin the commissioner'snew text end share of the expenses. The share of
the commissioner may include funds and the value of other contributions made available
by the federal government and other cooperators. The balance of deleted text begin suchdeleted text end new text begin thenew text end costs shall
constitute a charge on an acreage basis as provided herein against the owners of lands in
the zone containing trees deleted text begin valuable or potentially valuable for commercial timber purposes
anddeleted text end affected or likely to be affected by the forest new text begin pests or shade tree new text end pests for which control
measures were conducted. In fixing the rates at which charges shall be made against each
owner, the commissioner shall consider the present commercial value of the trees on the
land, the present and potential benefits to deleted text begin suchdeleted text end new text begin thenew text end owner from the application of the
control measures, deleted text begin anddeleted text end the cost of applying deleted text begin suchdeleted text end new text begin thenew text end measures to the land, and such other
factors as in the discretion of the commissioner will enable determination of an equitable
distribution of the cost to all deleted text begin suchdeleted text end owners. No charge shall be made against owners to the
extent that they have individually or as members of a cooperative association contributed
funds, suppliesnew text begin ,new text end or services pursuant to agreement under this section.
Sec. 24.
Minnesota Statutes 2006, section 89.56, subdivision 3, is amended to read:
Subd. 3.
Collection.
The unpaid charges assessed under sections 89.51 to new text begin
89.64new text end and the actions of the commissioner on any protests filed pursuant to subdivision 2,
shall be reported to the tax levying authority for the county in which the lands for which
the charges are assessed are situated and shall be made a public record. Any charges
finally determined to be due shall become a special assessment and shall be payable
in the same manner and with the same interest and penalty charges and with the same
procedure for collection as apply to ad valorem property taxes. Upon collection of the
chargesnew text begin ,new text end the county treasurer shall forthwith cause the amounts thereof to be paid to the
forestnew text begin pest and shade treenew text end pest control deleted text begin funddeleted text end new text begin accountnew text end created by section 89.58. Any unpaid
charge or lien against the lands shall not be affected by the sale thereof or by dissolution
of the zone of infestation.
Sec. 25.
Minnesota Statutes 2006, section 89.57, is amended to read:
89.57 DISSOLUTION OF ZONE INFESTATION.
Whenever the commissioner shall determine that forest new text begin pest or shade tree new text end pest
control work within an established zone of infestation is no longer necessary or feasible,
the commissioner shall dissolve the zone.
Sec. 26.
Minnesota Statutes 2006, section 89.58, is amended to read:
89.58 FOREST new text begin PEST AND SHADE TREE new text end PEST CONTROL ACCOUNT.
All money collected under the provisions of sections 89.51 todeleted text begin 89.61deleted text end new text begin 89.64,new text end together
with such money as may be appropriated by the legislature or allocated by the Legislative
Advisory Commission for the purposes of sections 89.51 to , and such money
as may be contributed or paid by the federal government, or any other public or private
agency, organization or individual, shall be deposited in the state treasury, to the credit
of the forest new text begin pest and shade tree new text end pest control account, which account is hereby created,
and any moneys therein are appropriated to the commissioner for use in carrying out the
purposes deleted text begin hereofdeleted text end new text begin of sections 89.51 to 89.64new text end .
Sec. 27.
Minnesota Statutes 2006, section 89.59, is amended to read:
89.59 COOPERATION.
The commissioner may cooperate with the United States or agencies thereof, other
agencies of the state, county or municipal governments, agencies of neighboring statesnew text begin ,new text end or
other public or private organizations or individuals and may accept such funds, equipment,
suppliesnew text begin ,new text end or services from cooperators and others as deleted text begin itdeleted text end new text begin the commissioner new text end may provide in
agreements with the United States or its agencies for matching of federal funds as required
under laws of the United States relating to forest new text begin pests and shade tree new text end pests.
Sec. 28.
Minnesota Statutes 2006, section 89.60, is amended to read:
89.60 DUTIES, RULES; COMMISSIONER.
The commissioner is authorized to employ personnel in accordance with the laws of
this state, to procure necessary equipment, suppliesnew text begin ,new text end and service, to enter into contracts, to
provide funds to any agency of the United States for work or services under sections 89.51
to deleted text begin 89.61deleted text end new text begin 89.64new text end , and to designate or appoint, as deleted text begin itsdeleted text end new text begin the commissioner'snew text end representatives,
employees of deleted text begin itsdeleted text end cooperatorsnew text begin ,new text end including employees of the United States or any agency
thereof. The commissioner may prescribe rules for carrying out the purposes deleted text begin hereofdeleted text end new text begin
of this sectionnew text end .
Sec. 29.
Minnesota Statutes 2006, section 89.61, is amended to read:
89.61 ACT SUPPLEMENTAL.
Provisions of sections 89.51 to deleted text begin 89.61deleted text end new text begin 89.64new text end are supplementary to and not to be
construed to repeal existing legislation.
Sec. 30.
new text begin
[89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Grants. new text end
new text begin
The commissioner may make grants to aid in the control of
a shade tree pest. To be eligible, a grantee must have a pest control program approved
by the commissioner that:
new text end
new text begin
(1) defines tree ownership and who is responsible for the costs associated with
control measures;
new text end
new text begin
(2) defines the zone of infestation within which the control measures are to be
applied;
new text end
new text begin
(3) includes a tree inspector certified under section 89.63 and having the authority to
enter and inspect private lands;
new text end
new text begin
(4) has the means to enforce measures needed to limit the spread of shade tree
pests; and
new text end
new text begin
(5) provides that grant money received will be deposited in a separate fund to be
spent only for the purposes authorized by this section.
new text end
new text begin Subd. 2. new text end
new text begin Grant eligibility. new text end
new text begin
The following are eligible for grants under this section:
new text end
new text begin
(1) a home rule charter or statutory city or a town that exercises municipal powers
under section 368.01 or any general or special law;
new text end
new text begin
(2) a special park district organized under chapter 398;
new text end
new text begin
(3) a special-purpose park and recreation board;
new text end
new text begin
(4) a soil and water conservation district;
new text end
new text begin
(5) a county; or
new text end
new text begin
(6) any other organization with the legal authority to enter into contractual
agreements.
new text end
new text begin Subd. 3. new text end
new text begin Rules; applicability to municipalities. new text end
new text begin
The rules and procedures adopted
under this chapter by the commissioner apply in a municipality unless the municipality
adopts an ordinance determined by the commissioner to be more stringent than the rules
and procedures of the commissioner. The rules and procedures 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 zone of infestation.
new text end
Sec. 31.
new text begin
[89.63] CERTIFICATION OF TREE INSPECTORS.
new text end
new text begin
(a) The governing body of a municipality may appoint a qualified tree inspector.
Two or more municipalities may jointly appoint a tree inspector for the purpose of
administering their respective pest control programs.
new text end
new text begin
(b) Upon a determination by the commissioner that a candidate for the position
of tree inspector is qualified, the commissioner shall issue a certificate of qualification
to the tree inspector. The certificate is valid for one year. A person certified as a tree
inspector by the commissioner may enter and inspect any public or private property that
might harbor forest pests or shade tree pests. The commissioner shall offer an annual tree
inspector certification workshop, upon completion of which participants are qualified
as tree inspectors.
new text end
new text begin
(c) The commissioner may suspend and, upon notice and hearing, decertify a
tree inspector if the tree inspector fails to act competently or in the public interest in
the performance of duties.
new text end
Sec. 32.
new text begin
[89.64] EXEMPTIONS.
new text end
new text begin
This chapter does not supersede the authority of the Department of Agriculture
under chapter 18G.
new text end
Sec. 33.
Minnesota Statutes 2006, section 97A.205, is amended to read:
97A.205 ENFORCEMENT OFFICER POWERS.
An enforcement officer is authorized to:
(1) execute and serve court issued warrants and processes relating to wild animals,
wild rice, public waters, water pollution, conservation, and use of water, in the same
manner as a sheriff;
(2) enter any land to carry out the duties and functions of the division;
(3) make investigations of violations of the game and fish laws;
(4) take an affidavit, if it aids an investigation;
(5) arrest, without a warrant, a person who is detected in the actual violation of the
game and fish laws, a provision of chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E,
103F, 103G, sections 86B.001 to 86B.815, 89.51 to ; or 609.66, subdivision 1,
clauses (1), (2), (5), and (7); and 609.68; and
(6) take an arrested person before a court in the county where the offense was
committed and make a complaint.
Nothing in this section grants an enforcement officer any greater powers than other
licensed peace officers.
Sec. 34. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, sections 18G.16; and 89.51, subdivision 8,
new text end
new text begin
are repealed.
new text end