1.1 A bill for an act
1.2 relating to natural
resources; modifying the authority of the commissioner of natural
1.3 resources to provide training
to individuals to inspect watercraft for aquatic
1.4 macrophytes, aquatic invasive
species, and water;amending Minnesota Statutes
1.5 2024, section 84D.105,
subdivision 2.
1.6 BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes
2024, section 84D.105, subdivision 2, is amended to read:
1.8 Subd. 2.Inspector
authority. (a) The commissioner shall train and authorize individuals
1.9 to inspect water-related
equipment for aquatic macrophytes, aquatic invasive species, and
1.10 water. The commissioner may
not require an individual to attend more than one in-person
1.11 training under this
subdivision and may require an individual to attend web-based or remote
1.12 training no more than
once every three years. The commissioner may enter into a delegation
1.13 agreement with a tribal or
local government where inspection authority as provided under
1.14 paragraphs (b), (g), and (h) is
delegated to tribal and local governments. The delegation
1.15 agreements may provide for the
assumption of legal, financial, and administrative
1.16 responsibilities for inspection
programs on some or all public waters within their jurisdiction.
1.17 (b) Inspectors may visually and
tactilely inspect watercraft and water-related equipment
1.18 to determine whether aquatic
invasive species, aquatic macrophytes, or water is present. If
1.19 a person transporting
watercraft or water-related equipment refuses to take required corrective
1.20 actions or fails to comply with
an order under section 84D.10, subdivision 3, an inspector
1.21 who is not a licensed peace
officer shall refer the violation to a conservation officer or other
1.22 licensed peace officer.
2.1 (c) In addition to paragraph
(b), a conservation officer or other licensed peace officer
2.2 may inspect any watercraft or
water-related equipment that is stopped at a water-access site,
2.3 any other public location in
the state, or a private location where the watercraft or
2.4 water-related equipment is in
plain view, if the officer determines there is reason to believe
2.5 that aquatic invasive
species, aquatic macrophytes, or water is present on the watercraft or
2.6 water-related equipment.
2.7 (d) Conservation officers or
other licensed peace officers may utilize check stations in
2.8 locations, or in proximity to
locations, where watercraft or other water-related equipment
2.9 is placed into or removed
from waters of the state. Any check stations shall be operated in
2.10 a manner that minimizes delays
to vehicles, equipment, and their occupants.
2.11 (e) Conservation officers or
other licensed peace officers may order water-related
2.12 equipment to be removed from a
water body if the commissioner determines such action is
2.13 needed to implement aquatic
invasive species control measures.
2.14 (f) The commissioner may require
mandatory inspections of water-related equipment
2.15 before a person places or
removes water-related equipment into or out of a water body.
2.16 Inspection stations may be
located at or near public water accesses or in locations that allow
2.17 for servicing individual or
multiple water bodies. The commissioner shall ensure that
2.18 inspection stations:
2.19 (1) have adequate staffing to
minimize delays to vehicles and their occupants;
2.20 (2) allow for reasonable travel
times between public accesses and inspection stations if
2.21 inspection is required before
placing water-related equipment into a water body;
2.22 (3) are located so as not to
create traffic delays or public safety issues;
2.23 (4) have decontamination
equipment available to bring water-related equipment into
2.24 compliance; and
2.25 (5) do not reduce the capacity
or hours of operation of public water accesses.
2.26 (g) The commissioner may
authorize tribal and local governments that enter into a
2.27 delegation agreement with the
commissioner to conduct mandatory inspections of
2.28 water-related equipment at
specified locations within a defined area before a person places
2.29 or removes water-related
equipment into or out of a water body. Tribal and local governments
2.30 that are authorized to conduct
inspections under this paragraph must:
2.31 (1) to the extent called for in
the delegation agreement, assume legal, financial, and
2.32 administrative responsibilities
for implementing the mandatory inspections, alone or in
2.33 agreement with other tribal or
local governments;
3.1 (2) employ inspectors that
have been trained and authorized by the commissioner;
3.2 (3) conduct inspections and
decontamination measures in accordance with guidelines
3.3 approved by the commissioner;
3.4 (4) have decontamination
equipment available at inspection stations or identify alternative
3.5 decontamination equipment
locations within a reasonable distance of the inspection station
3.6 that can bring water-related
equipment into compliance;
3.7 (5) provide for inspection
station locations that do not create traffic delays or public
3.8 safety issues; and
3.9 (6) submit a plan approved by
the commissioner according to paragraph (h).
3.10 (h) Plans required under
paragraph (g) must address:
3.11 (1) no reduction in capacity or
hours of operation of public accesses and fees that do not
3.12 discourage or limit use;
3.13 (2) reasonable travel times
between public accesses and inspection stations;
3.14 (3) adequate staffing to
minimize wait times and provide adequate hours of operation
3.15 at inspection stations and
public accesses;
3.16 (4) adequate enforcement
capacity;
3.17 (5) measures to address
inspections of water-related equipment at public water accesses
3.18 for commercial entities and
private riparian landowners; and
3.19 (6) other elements as required
by the commissioner to ensure statewide consistency,
3.20 appropriate inspection and
decontamination protocols, and protection of the state's resources,
3.21 public safety, and access to
public waters.
3.22 (i) A government unit
authorized to conduct inspections under this subdivision must
3.23 submit an annual report to the
commissioner summarizing the results and issues related to
3.24 implementing the inspection
program.
3.25 (j) The commissioner may waive
the plan requirement in paragraph (g) for inspection
3.26 programs where authorized
inspectors are placed directly at one or more water-access sites,
3.27 with no requirement for a
person to travel from the water access for inspection or
3.28 decontamination, and no local
ordinance or other regulation requiring a mandatory inspection
3.29 before placing watercraft or
water-related equipment into a water body or after watercraft
3.30 or water-related equipment are
removed from a water body.
3.31 EFFECTIVE DATE. This
section is effective the day following final enactment.
