1.1 	A bill for an act
1.2 	relating to natural resources; prohibiting the use of
1.3 	unsterilized ballast water; requiring a discharge
1.4 	permit; requiring rulemaking; amending Minnesota
1.5 	Statutes 2004, sections 84D.01, by adding
1.6 	subdivisions; 84D.12, subdivision 1; proposing coding
1.7 	for new law in Minnesota Statutes, chapter 84D.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 84D.01, is
1.10 	amended by adding a subdivision to read:
1.11 		Subd. 2b.Ballast water. "Ballast water" means water and
1.12 	associated solids taken on board a vessel to control or maintain
1.13 	trim, draft, stability, or stresses on the vessel, without
1.14 	regard to the manner in which it is carried.

1.15 	Sec. 2. Minnesota Statutes 2004, section 84D.01, is
1.16 	amended by adding a subdivision to read:
1.17 		Subd. 15a.Sediments. "Sediments" means any matter
1.18 	settled out of ballast water within a vessel.

1.19 	Sec. 3. Minnesota Statutes 2004, section 84D.01, is
1.20 	amended by adding a subdivision to read:
1.21 		Subd. 15b.Sterilized. "Sterilized" means the treatment
1.22 	of ballast water or sediments, or both, by filtration, thermal
1.23 	methods, ultraviolet light, biocides, or other technique
1.24 	approved by the commissioner to destroy or remove all living
1.25 	biological organisms.

1.26 	Sec. 4. [84D.105] USE AND DISCHARGE OF BALLAST WATER.
2.1 	(a) A person shall not operate a vessel on the waters of
2.2 	the state that contains ballast water acquired outside of the
2.3 	waters of the state, unless the ballast water and any sediments
2.4 	have been sterilized as required by the commissioner.
2.5 	(b) A person shall not discharge ballast water or
2.6 	sediments, directly or indirectly, into the waters of the state,
2.7 	unless the discharge is authorized by a permit issued by the
2.8 	commissioner.
2.9 	(c) An application for a permit under this section must be
2.10 	submitted in the manner required by the commissioner and must
2.11 	contain information and an application fee as required by the
2.12 	commissioner.  The commissioner may establish an application fee
2.13 	notwithstanding section 16A.1283.
2.14 	(d) The commissioner shall establish a ballast water and
2.15 	sediments inspection program that ensures aquatic invasive
2.16 	species do not enter the waters of the state through the direct
2.17 	or indirect discharge of ballast water or sediments.

2.18 	Sec. 5. Minnesota Statutes 2004, section 84D.12,
2.19 	subdivision 1, is amended to read:
2.20 		Subdivision 1.Required rules.  The commissioner shall
2.21 	adopt rules:
2.22 	(1) designating infested waters, prohibited invasive
2.23 	species, regulated invasive species, and unregulated nonnative
2.24 	species of aquatic plants and wild animals;
2.25 	(2) governing the application for and issuance of permits
2.26 	under this chapter, which rules may include a fee schedule; and 
2.27 	(3) establishing a ballast water and sedimentation
2.28 	discharge program under section 84D.105; and 
2.29 	(4) governing notification under section 84D.08.