Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 607-S.F.No. 1674 
           An act relating to agriculture; providing grasshopper 
          control; allowing certain exemptions; requiring 
          certain notices; providing contingent appropriations 
          for grasshopper control, county and district 
          agricultural societies, and vocational technical 
          education; providing for a forestry environmental 
          impact statement; appropriating money; amending 
          Minnesota Statutes 1988, section 18.0225; proposing 
          coding for new law in Minnesota Statutes, chapter 18; 
          repealing Minnesota Statutes 1989 Supplement, section 
          18.0226. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 18.0225, is 
amended to read: 
    18.0225 [GRASSHOPPER CONTROL PROGRAM.] 
    (a) The commissioner of agriculture shall develop and 
implement a grasshopper control program to prevent crop damage 
in the grasshopper control zone.  Within grasshopper control 
zones the commissioner, landowners, and counties, local weed 
inspectors, and landowners have the same authorities and duties 
under chapter 18 for grasshoppers as if grasshoppers are noxious 
weeds under chapter 18.  After consultation and cooperation with 
the state Minnesota extension service entomologist, the 
commissioner must develop the program to economically and 
efficiently control grasshoppers and to minimize adverse 
environmental impact, including the selection of pesticides and 
prescription of application rates. 
    (b) Notwithstanding the provisions of this chapter, the 
board of a town designated by the commissioner as a grasshopper 
control zone may appoint a grasshopper control advisory 
committee of members who are residents of the township.  The 
advisory committee must include: 
    (1) at least one owner of land enrolled in the conservation 
reserve program if any land is enrolled and an owner of enrolled 
land is willing to serve; and 
    (2) at least one dairy farmer if dairying occurs in the 
township and a dairy farmer is willing to serve. 
    If the town board appoints a grasshopper control advisory 
committee, the board must seek the advice of the advisory 
committee before the issuance of each order for grasshopper 
control or the advisory committee may adopt guidelines for 
issuing grasshopper control orders. 
    (b) (c) The grasshopper control program must utilize proven 
methods of grasshopper control and the commissioner may make 
grants for experimental methods of control in selected areas. 
    (d) Before any grasshopper control measures, including, but 
not limited to, spraying or the deposit of pelletized controls, 
are applied on or to streams, lakes, waterways, or public 
waters, the commissioner shall seek the review and approval of 
the commissioner of natural resources.  As used in this 
paragraph, "streams, lakes, waterways, or public waters," does 
not include farm ditches, drainage ditches, or county ditches. 
    (e) The commissioner, upon written request from any person 
or organization, may exempt from grasshopper control measures a 
parcel of land that the commissioner, in consultation with the 
commissioner of natural resources, determines to be of 
particular, unique scientific or natural significance or is 
particularly sensitive to the use of insecticides or other 
control methods being used.  The commissioner must consider 
previous pesticide applications to the property to be exempted 
and agricultural practices conducted on the property.  The 
exemption may be conditional, may apply to all or part of the 
property requested, and may be revoked by the commissioner at 
any time.  An exemption granted under this paragraph is for 
mandatory grasshopper control and does not affect liability 
under other law. 
    (f) The request for exemption must include at least the 
following: 
    (1) the name and address of the person or organization 
making the request; 
    (2) the acreage and legal description of the parcel; 
    (3) a statement of the specific reasons why an exemption is 
requested; and 
    (4) any agreements for grasshopper control and any other 
information required by the commissioner. 
    (g) Upon notice of the approval of an exemption, the owner 
of the exempted property must mail the following notice to 
adjoining landowners: 
    "(Name of exempt landowner) has requested and the 
commissioner of agriculture has exempted (description of land 
exempted) from mandatory grasshopper control measures due to the 
scientific or natural significance or sensitivity to 
insecticides of the property.  It is the intent of (landowner's 
name) not to control grasshoppers on the property.  If you have 
questions about how you may make an agreement for grasshopper 
control you may contact (exempt landowner's name, address, and 
phone number). 
    Cost-sharing may be available for treatment of grasshoppers 
on your property.  For more information contact the commissioner 
of agriculture. 
    The exemption does not affect liability under other law."  
    (h) A decision of the commissioner under paragraph (e) must 
be in writing and delivered to the person or organization making 
the request and the clerk of the town in which the property is 
located.  The commissioner, counties, towns, and their agents 
are not liable for damages from exemptions granted under this 
section. 
     (i) From funds appropriated for this purpose, the 
commissioner must reimburse a person for the cost of grasshopper 
control measures in a 20-rod wide buffer area on property 
adjacent to property exempted from grasshopper control measures 
under paragraph (e), to the extent funds are available.  
Reimbursement to a person must be made only upon receipt of a 
completed application form indicating the need for treatment 
based on an inspector's determination that the exempted property 
has grasshoppers in densities greater than the density 
determined by the commissioner to cause economic or potential 
economic damage for all affected lands and identifying the 
location of the treatment.  For each application, reimbursement 
must be 50 percent of cost not to exceed $4 reimbursement per 
acre for aerial spraying and $2.50 reimbursement per acre for 
ground spraying. 
    Sec. 2.  [18.0228] [CONTROL PROVISIONS.] 
    Subdivision 1.  [PESTICIDE SELECTION.] (a) The 
commissioner, in consultation with the Minnesota extension 
service entomologist, shall prepare a list of registered 
pesticides and their federal label requirements for use in the 
grasshopper control program.  The commissioner shall recommend 
pesticides and application methods in designated grasshopper 
control zones that will minimize the adverse impact on foraging 
bees.  The pesticides must economically and efficiently control 
grasshoppers and minimize adverse environmental impacts.  
Grasshopper control may only be conducted under this chapter 
with pesticides used according to their label requirements. 
    (b) The commissioner shall prescribe methods to determine 
grasshopper densities and densities causing economic or 
potential economic damage. 
    Subd. 2.  [INDIVIDUAL NOTICES.] (a) The individual notices 
required under this chapter for the grasshopper control program 
must be in a form prescribed by the commissioner and state at 
least the following: 
    (1) the legal description of the property covered by the 
notice to control; 
    (2) the date the notice is issued; 
    (3) the name and work telephone number of the inspector 
issuing the notice; 
    (4) the grasshopper counts found on the property; 
    (5) the approximate date the grasshoppers on the property 
will be controlled by the county or municipality if the owner or 
occupant does not comply with the notice, which must be at least 
three days after the date the notice was served; 
    (6) that the costs of the control will be a lien and 
applied against the property's tax roll; and 
    (7) that the owner or occupant may contact the inspector 
about the notice before the time that the county or the 
municipality will control grasshoppers, which must be at least 
three days after the date the notice was served.  
    (b) The commissioner, a county agricultural inspector, or a 
local weed inspector issuing a notice under this subdivision 
shall provide the same number of days for compliance under 
paragraph (a), clause (5), for property controlled by a private 
land owner or occupant as for property controlled by a unit of 
state or local government. 
    Subd. 3.  [EFFECTS ON FORAGING BEES.] (a) The Minnesota 
extension service shall hold meetings in grasshopper control 
zone areas explaining grasshopper control methods and procedures 
to minimize adverse effects on foraging bees. 
    (b) Not later than May 1 of each year, an owner of honeybee 
colonies must notify the commissioner as to the number and 
location of the colonies.  Notification under this section must 
be accomplished by identifying on a map provided by the 
commissioner the location of colonies.  The notice must include 
the name, address, and telephone number of the owner.  If an 
owner of honeybee colonies relocates the colonies the owner must 
report the relocation orally, by phone, or in writing to the 
extension agent, the town clerk, and the commissioner within ten 
days after the relocation. 
    (c) The commissioner shall prepare maps of the location of 
all registered honeybee colonies, including identification of 
the name, address, and telephone number of the owner.  The maps 
must be updated at least once each 14 days if owners of 
registered honeybee colonies give notice of relocations. 
    (d) The commissioner shall provide a list of licensed 
commercial and noncommercial pesticide applicators, including 
the applicator's name, business address, and phone number, to 
the registered beekeepers in designated grasshopper control 
zones. 
    (e) The commissioner shall prescribe a system by which 
owners of honeybee colonies, licensed commercial and 
noncommercial pesticide applicators, and county extension agents 
must, and town clerks may, be advised of the location of 
registered honeybee colonies reported under this section, of the 
federal pesticide label requirements pertaining to foraging 
bees, and of penalties for violating label requirements. 
    (f) The commissioner shall also develop guidelines for a 
voluntary system to facilitate the exchange of information 
between owners of registered honeybee colonies and pesticide 
applicators regarding the pesticide selected for use, the 
anticipated date and time of application, and the location of 
honeybee colonies. 
    (g) In a year in which grasshopper control zones are 
designated, the commissioner shall report to the chairs of the 
house and senate agriculture and environment committees on the 
number of acres treated for grasshopper control, the pesticides 
recommended for use, the pesticides used, the results of 
research and application of nonpesticide grasshopper control, 
the number of acres exempted from grasshopper control, and any 
evidence of negative environmental impacts of the grasshopper 
control program. 
    Sec. 3.  [18.0229] [LIABILITY; APPEALS.] 
    Subdivision 1.  [COUNTIES AND TOWNSHIPS.] Counties and 
townships and their agents are not liable for damages from the 
grasshopper control program for actions conducted in accordance 
with sections 18.0223 to 18.0229.  
    Subd. 2.  [ACCESS FOR INSPECTION.] An inspector may enter 
any land to inspect grasshopper densities. 
    Subd. 3.  [APPEAL TO COUNTY BOARD.] A person who is ordered 
to control grasshoppers under sections 18.0225 to 18.0229 and is 
charged for grasshopper control may appeal the cost of 
grasshopper control to the county board of the county where the 
grasshopper control measures were undertaken within 30 days 
after being charged.  The county board shall determine the 
amount and approve the charge and filing of a lien against the 
property if it determines that:  
    (1) the owner, or occupant if other than the owner, 
responsible for controlling grasshoppers did not comply with the 
order of the inspector; and 
    (2) the grasshopper densities on the property exceeded the 
densities determined by the commissioner to cause economic or 
potential economic damage.  
    Subd. 4.  [COURT APPEAL OF COSTS; PETITION.] (a) A land 
owner who has appealed the cost of grasshopper control measures 
under subdivision 3 may petition for judicial review.  The 
petition must be filed within 30 days after the conclusion of 
the hearing before the county board.  The petition must be filed 
with the court administrator in the county in which the real 
property where the grasshopper control measures were undertaken 
is located, together with proof of service of a copy of the 
petition on the commissioner and the county auditor.  The 
petition must be accompanied by the standard filing fee for 
civil actions.  No responsive pleadings may be required of the 
commissioner or the county, and no court fees may be charged for 
the appearance of the commissioner or the county in the matter. 
    (b) The petition must be captioned in the name of the 
person making the petition as petitioner and the commissioner of 
agriculture and the respective county as respondents.  The 
petition must include the petitioner's name, the legal 
description of the real estate involved, a copy of the notice to 
control grasshoppers, and the date or dates on which appealed 
control measures were undertaken. 
    (c) The petition must state with specificity the grounds 
upon which the petitioner seeks to avoid the imposition of a 
lien for the cost of grasshopper control measures. 
    Subd. 5.  [HEARING.] (a) A hearing under subdivisions 4 to 
6 must be held at the earliest practicable date, and in no event 
later than 90 days following the filing of the petition of 
objection.  The hearing must be before a district judge in the 
county in which the real property where the grasshopper control 
measures were undertaken is located, and must be conducted in 
accordance with the district court rules of civil procedure. 
    (b) The court shall either order that a lien representing 
part or all of the costs for grasshopper control measures be 
imposed against the real property or that the land owner be 
relieved of responsibility for payment of grasshopper control 
measures undertaken. 
    Subd. 6.  [FURTHER APPEAL.] A party aggrieved by the 
decision of the reviewing court may appeal the decision as 
provided in the rules of appellate procedure. 
    Sec. 4.  [18.205] [PUBLIC UTILITY EASEMENTS.] 
    For property that is subject to a public utility easement, 
the person controlling the surface of the land other than the 
holder of the public utility easement is the person responsible 
for control of grasshoppers under this chapter.  For purposes of 
this section, a "public utility easement" means an easement used 
for the purpose of transmission, distribution, furnishing at 
wholesale or retail natural or manufactured gas, or electric or 
telephone service, by a public utility as defined in section 
216B.02, subdivision 4, a cooperative electric association 
organized under chapter 308A, a telephone company as defined in 
section 237.01, subdivisions 2 and 3, or a municipality 
producing or furnishing gas, electric, or telephone service.  
    Sec. 5.  [FEDERAL COST-SHARE FOR EXEMPT LANDS.] 
    In the event that federal cost-share funds become available 
for grasshopper control, the commissioner shall attempt to 
secure a proportionate share for lands exempted under section 
18.0225. 
    Sec. 6.  [APPROPRIATIONS; CONTINGENT ACCOUNT.] 
     (a) $605,000 is appropriated from the general fund to a 
special contingency account for grasshopper control activities 
as provided in this section. 
     (b) Of this appropriation up to $20,000 is appropriated to 
the commissioner of agriculture for a system to prevent adverse 
effects on foraging bees. 
     (c) Of the remaining appropriation up to $30,000 is 
appropriated to the commissioner of agriculture to provide 
reimbursement payments to owners of property that is adjacent to 
property exempted from grasshopper control. 
    (d) The remaining unencumbered balance is appropriated for 
up to a 50 percent cost-share for township and county 
grasshopper control expenses through September 30, 1990. 
    (e) Of the unencumbered balance of this appropriation 
remaining on October 1, 1990, up to $125,000 is appropriated to 
the commissioner of agriculture as supplemental funding to 
provide state aid to county and district agricultural societies 
under Minnesota Statutes, section 38.02 during the fiscal year 
ending June 30, 1991. 
    (f) The unencumbered balance remaining on October 1, 1990, 
not otherwise appropriated under paragraphs (a) through (e) is 
appropriated to the state board of vocational technical 
education for: 
    (1) instructional staff for farm and small business 
management, beginner farmer programs, and enterprise classes 
specific to community needs; 
    (2) support staff for instructional staff; and 
    (3) tuition assistance. 
    (g) The appropriations in this section are available only 
with the approval of the governor after consultation with the 
legislative advisory commission as provided in Minnesota 
Statutes, section 3.30. 
    Sec. 7.  [APPROPRIATIONS.] 
    Subdivision 1.  [INTEGRATED PEST MANAGEMENT.] $20,000 is 
appropriated from the general fund to the commissioner of 
agriculture to be used for the grasshopper control program using 
integrated pest management demonstration projects in 
consultation with the commissioner of natural resources and the 
Minnesota extension service.  The commissioner shall determine 
the amount to be used for cost-share projects.  The 
commissioners shall pursue any federal funds that may become 
available for this purpose. 
    Subd. 2.  [GENERIC ENVIRONMENTAL IMPACT STATEMENT.] 
$100,000 is appropriated from the general fund to the state 
planning agency to conduct a timber harvesting generic 
environmental impact statement. 
    Sec. 8.  [REPEALER.] 
    Minnesota Statutes 1989 Supplement, section 18.0226, is 
repealed. 
    Sec. 9.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment.  
The commissioner of agriculture shall prepare the list and 
prescribe methods for determining grasshopper densities required 
in section 2, subdivision 1, not later than May 20, 1990. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 8, 1990, 8:46 p.m.