1.1 A bill for an act
1.2 relating to occupational safety; requiring holders of permits to harvest or destroy
1.3 aquatic plants to safely use scuba diving equipment; establishing requirements for
1.4 commercial diving operations; amending Minnesota Statutes 2024, section
1.5 103G.615, subdivisions 1, 3; proposing coding for new law in Minnesota Statutes,
1.6 chapter 182.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. CITATION.
1.9 This act may be cited as the "Brady Aune and Joseph Anderson Safety Act."
1.10 EFFECTIVE DATE.This section is effective the day following final enactment.
1.11 Sec. 2. Minnesota Statutes 2024, section 103G.615, subdivision 1, is amended to read:
1.12 Subdivision 1.Issuance; validity.(a) The commissioner may issue a state general permit
1.13to a governmental subdivision or to the general public to conduct one or more projects
1.14described in this subdivision. The commissioner may issue permits, with or without a fee,
1.15to:
1.16 (1) gather or harvest aquatic plants, or plant parts, other than wild rice from public waters;
1.17 (2) transplant aquatic plants into public waters;
1.18 (3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
1.19under prescribed conditions to protect the waters, desirable species of fish, vegetation, other
1.20forms of aquatic life, and the public.
1.21 (b) Application for a permit and a notification to request authorization to conduct a
1.22project under a general permit must be accompanied by a fee, if required.
1Sec. 2.
S1346-1 1st EngrossmentSF1346 REVISOR CKM
SENATE
STATE OF MINNESOTA
S.F. No. 1346NINETY-FOURTH SESSION
(SENATE AUTHORS: BOLDON, Westlin, Hawj, Duckworth and Seeberger)
OFFICIAL STATUSD-PGDATE
Introduction and first reading37802/13/2025
Referred to Environment, Climate, and Legacy
Withdrawn and re-referred to Labor46702/20/2025
Comm report: To pass as amended and re-refer to Environment, Climate, and Legacy02/27/2025 2.1 (c) An aquatic plant management permit is valid for one growing season and expires on
2.2December 31 of the year it is issued unless the commissioner stipulates a different expiration
2.3date in rule or in the permit.
2.4 (d) A general permit may authorize a project for more than one growing season.
2.5 (e) To receive a commercial mechanical control permit under this section:
2.6 (1) the applicant must inform the commissioner whether scuba diving equipment will
2.7be used during any activity authorized by the permit. If the applicant indicates that scuba
2.8diving equipment will be used, the commissioner must provide the applicant with the
2.9information sheet required under section 182.679, subdivision 5; and
2.10 (2) the applicant must provide documentation to the commissioner verifying that a
2.11third-party on-site hazard survey was completed in the last year by a qualified safety
2.12professional who observed the applicant's work using scuba diving equipment. The
2.13documentation must include a written report of the findings and recommendations to reduce
2.14the risk of injury or illness to employees that are scuba diving. The written report must
2.15include an evaluation of specific safety practices, equipment, and training. A qualified safety
2.16professional includes:
2.17 (i) a Department of Labor and Industry workplace safety and health consultant;
2.18 (ii) a workers' compensation loss-control representative, with approval from an insurance
2.19underwriter; or
2.20 (iii) a private safety consultant.
2.21 EFFECTIVE DATE.This section is effective October 1, 2025, and applies to permits
2.22issued on or after that date.
2.23 Sec. 3. Minnesota Statutes 2024, section 103G.615, subdivision 3, is amended to read:
2.24 Subd. 3.Permit standards.(a) The commissioner shall, by rule, prescribe standards to
2.25issue and deny permits under this section. The standards must ensure that aquatic plant
2.26control is consistent with shoreland conservation ordinances, lake management plans and
2.27programs, and wild and scenic river plans.
2.28 (b) The commissioner may not issue or renew a permit under this section to any person
2.29who:
2.30 (1) has received one or more willful violations of an occupational safety and health
2.31standard adopted under chapter 182 involving scuba diving during the previous two years;
2.32or
2Sec. 3.
S1346-1 1st EngrossmentSF1346 REVISOR CKM 3.1 (2) has contested one or more willful violations of an occupational safety and health
3.2standard adopted under chapter 182 involving scuba diving during the pendency of a
3.3contested case.
3.4 (c) The commissioner may not issue or renew a permit under this section to a successor
3.5person. "Successor person" means a person that shares three or more of the following with
3.6the person who received or contested a violation under paragraph (b):
3.7 (1) has one or more of the same owners, members, principals, officers, or managers;
3.8 (2) performs similar work within the state of Minnesota;
3.9 (3) has one or more of the same telephone or fax numbers;
3.10 (4) has one or more of the same email addresses or websites;
3.11 (5) employs or engages substantially the same individuals to provide or perform services;
3.12 (6) uses substantially the same vehicles, facilities, or equipment; or
3.13 (7) lists or advertises substantially the same project experience and portfolio of work.
3.14 EFFECTIVE DATE.This section is effective October 1, 2025, and applies to violations
3.15committed on or after that date.
3.16 Sec. 4. [182.679] COMMERCIAL DIVING OPERATIONS.
3.17 Subdivision 1.Application.This section applies to persons who are conducting
3.18self-contained underwater breathing apparatus (scuba) diving at a place of employment
3.19when making improvements to land, including the removal of aquatic plants.
3.20 Subd. 2.Certification required for commercial diving operations.No employer, and
3.21no person who is under a contract to make improvements to land, may allow any individual
3.22subject to this section to conduct scuba diving unless that individual has (1) a valid open
3.23water scuba diver certificate, or a more advanced certificate, received from a nationally
3.24recognized and accredited certification program or agency; and (2) completed CPR and
3.25first-aid certification training.
3.26 Subd. 3.Equipment requirements.An employer must require the use of the following
3.27equipment when an individual subject to this section is scuba diving:
3.28 (1) a buoyancy-control device;
3.29 (2) an illuminated dive beacon;
3.30 (3) fins, mask, and snorkel;
3Sec. 4.
S1346-1 1st EngrossmentSF1346 REVISOR CKM 4.1 (4) a compressed gas cylinder and valve;
4.2 (5) a primary regulator and alternate air source;
4.3 (6) a breathing-gas monitoring device;
4.4 (7) a depth-monitoring device;
4.5 (8) a quick-release weight system and weights;
4.6 (9) adequate exposure protection appropriate for local dive conditions;
4.7 (10) at least one audible emergency surface-signaling device; and
4.8 (11) a dive computer or recreational dive planner (RDP).
4.9 Subd. 4.Additional safety requirements.An employer must require that an individual
4.10who has a valid rescue diver certificate received from a nationally recognized and accredited
4.11certification program must also be on-site when an individual subject to this section is scuba
4.12diving.
4.13 Subd. 5.Penalties.An employer may be cited by the commissioner for violations of
4.14subdivisions 2 and 3. Citations are punishable under section 182.666.
4.15 Subd. 6.Information for employers.The commissioner must develop an information
4.16sheet for employers who have or intend to have one or more employees use scuba diving
4.17equipment in the workplace. The information sheet must explain the requirements of this
4.18section and include any applicable federal requirements for employers. The commissioner
4.19must post the information sheet on the department's website. The commissioner must also
4.20deliver the information sheet to the commissioner of natural resources to provide to
4.21businesses according to section 103G.615, subdivision 1, paragraph (e).
4.22 EFFECTIVE DATE.This section is effective May 1, 2025.
4Sec. 4.
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