SF 2869

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; establishing regulation of ballast water discharge
into Lake Superior by ocean-going vessels; requiring adoption of rules to set
standards for ballast water discharge, treatment, and management; requiring
regional cooperation and formation of coalition; proposing coding for new law
in Minnesota Statutes, chapter 84D.

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

Section 1.

new text begin [84D.15] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For purposes of sections 84D.15 to 84D.17, the
following terms have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Ballast tank. new text end

new text begin "Ballast tank" means any tank or hold on a vessel used for
carrying ballast water, whether or not the tank or hold was designed for that purpose.
new text end

new text begin Subd. 3. new text end

new text begin Ballast water. new text end

new text begin "Ballast water" means any water and associated solids,
sediment, suspended matter, and substances taken on board a vessel to control or maintain
trim, draught, stability, or stresses on the vessel, without regard to the manner in which it
is carried.
new text end

new text begin Subd. 4. new text end

new text begin Ballast water treatment method. new text end

new text begin "Ballast water treatment method"
means a method of treating ballast water to remove or destroy invasive species through
one or more of the following:
new text end

new text begin (1) filtration;
new text end

new text begin (2) the application of biocides or ultraviolet light;
new text end

new text begin (3) thermal methods; and
new text end

new text begin (4) other treatment methods approved by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Great Lakes. new text end

new text begin "Great Lakes" means:
new text end

new text begin (1) Lake Ontario;
new text end

new text begin (2) Lake Erie;
new text end

new text begin (3) Lake Huron, including Lake St. Clair;
new text end

new text begin (4) Lake Michigan;
new text end

new text begin (5) Lake Superior;
new text end

new text begin (6) connecting channels to any of the lakes in clauses (1) to (5), including the St.
Mary's River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to
the Canadian border; and
new text end

new text begin (7) all other bodies of water within the drainage basin of the lakes and connecting
channels in clauses (1) to (6).
new text end

new text begin Subd. 6. new text end

new text begin Non-ocean-going vessel. new text end

new text begin "Non-ocean-going vessel" means a vessel that is
not an ocean-going vessel.
new text end

new text begin Subd. 7. new text end

new text begin Ocean-going vessel. new text end

new text begin "Ocean-going vessel" means a vessel that operates on
the Great Lakes after operating in waters outside of the Great Lakes.
new text end

new text begin Subd. 8. new text end

new text begin State waters of Lake Superior. new text end

new text begin "State waters of Lake Superior" means
the surface waters of Lake Superior and waters that discharge, flow, or otherwise are
transferred into Lake Superior that are under the jurisdiction of the state.
new text end

new text begin Subd. 9. new text end

new text begin Vector. new text end

new text begin "Vector" means the pathway and mechanism of entry for invasive
species into the Great Lakes.
new text end

Sec. 2.

new text begin [84D.16] OCEAN-GOING VESSELS.
new text end

new text begin Subdivision 1. new text end

new text begin Compliance with rules. new text end

new text begin A person operating, in state waters of Lake
Superior, an ocean-going vessel equipped with ballast tanks or capable of discharging
ballast water must comply with the rules adopted by the commissioner under subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Permit required. new text end

new text begin Beginning January 1, 2008, a person shall not operate in
state waters of Lake Superior an ocean-going vessel equipped with ballast tanks or capable
of discharging ballast water unless the person has been issued a permit for the ocean-going
vessel by the commissioner and the ocean-going vessel is equipped to discharge ballast
water in compliance with the permit and rules adopted by the commissioner under
subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Rules. new text end

new text begin By July 1, 2007, the commissioner shall adopt rules for standards
for ballast water discharge, ballast water treatment methods, and the management of other
vectors of invasive species introduction from ocean-going vessels, including sea chests,
anchor chains, and hull fouling. The rules must include permit application procedures
and permit fees.
new text end

Sec. 3.

new text begin [84D.17] REGIONAL COOPERATION.
new text end

new text begin Subdivision 1. new text end

new text begin Cooperation. new text end

new text begin The commissioner shall consult and cooperate to the
fullest extent possible with other Great Lakes states, the Canadian Great Lakes provinces,
and other governmental and nongovernmental entities as necessary to promote and ensure
the development of rules, regulations, and standards for the control of invasive species
that are broadly protective of the waters of the state and other natural resources.
new text end

new text begin Subd. 2. new text end

new text begin Great Lakes basin coalition. new text end

new text begin The commissioner shall facilitate and
participate in the formation of a Great Lakes invasive species coalition with other states in
the Great Lakes basin to address discharges of invasive species from ocean-going vessels.
The commissioner shall facilitate and participate in the formation of this coalition to
promote the implementation, on a Great Lakes basinwide basis, of water pollution laws
that prohibit the discharge of invasive species into the Great Lakes from ocean-going
vessels. If feasible, the commissioner should, in consultation with other coalition states,
seek the participation of the Canadian Great Lakes provinces.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The commissioner shall submit a report to the legislature by
February 1 each year, regarding the efforts to form the coalition, any coalition activities,
and the commissioner's consultation activities under subdivision 1.
new text end