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.
S1346-2 2nd 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Withdrawn and re-referred to Labor46702/20/2025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 Legacy547a02/27/2025
Comm report: To pass as amended and re-refer to Finance03/10/2025 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, the applicant
2.6must inform the commissioner whether scuba diving equipment will be used during any
2.7activity authorized by the permit. If the applicant indicates that scuba diving equipment will
2.8be used:
2.9 (1) the commissioner must provide the applicant with the information sheet required
2.10under section 182.679, subdivision 7; and
2.11 (2) the applicant must provide documentation to the commissioner verifying that a
2.12third-party on-site hazard survey was completed in the last year by a qualified safety
2.13professional who observed the applicant's work using scuba diving equipment. The
2.14documentation must include a written report of the findings and recommendations to reduce
2.15the risk of injury or illness to employees that are scuba diving. The written report must
2.16include an evaluation of specific safety practices, equipment, and training. A qualified safety
2.17professional includes:
2.18 (i) a Department of Labor and Industry workplace safety and health consultant;
2.19 (ii) a workers' compensation loss-control representative, with approval from an insurance
2.20underwriter; or
2.21 (iii) a private safety consultant.
2.22 (f) The holder of a commercial mechanical control permit may not use scuba equipment
2.23for permitted activities unless the permittee informed the commissioner at the time of the
2.24application that scuba diving equipment would be used and complied with all other
2.25requirements of paragraph (e). A permittee who is prohibited from using scuba equipment
2.26under this paragraph must apply for a new permit under paragraph (e) in order to do so.
2.27 EFFECTIVE DATE.This section is effective October 1, 2025, and applies to permits
2.28issued on or after that date.
2.29 Sec. 3. Minnesota Statutes 2024, section 103G.615, subdivision 3, is amended to read:
2.30 Subd. 3.Permit standards.(a) The commissioner shall, by rule, prescribe standards to
2.31issue and deny permits under this section. The standards must ensure that aquatic plant
2Sec. 3.
S1346-2 2nd EngrossmentSF1346 REVISOR CKM 3.1control is consistent with shoreland conservation ordinances, lake management plans and
3.2programs, and wild and scenic river plans.
3.3 (b) The commissioner may not issue or renew a commercial mechanical control permit
3.4under this section to any person who:
3.5 (1) has received a citation for one or more willful violations of an occupational safety
3.6and health standard adopted under chapter 182 involving scuba diving during the previous
3.7two years; or
3.8 (2) has contested a citation for one or more willful violations of an occupational safety
3.9and health standard adopted under chapter 182 involving scuba diving during the pendency
3.10of a contested case.
3.11 (c) The commissioner may not issue or renew a commercial mechanical control permit
3.12under this section to a successor person. "Successor person" means a person that shares
3.13three or more of the following with the person who received or contested a violation under
3.14paragraph (b):
3.15 (1) has one or more of the same owners, members, principals, officers, or managers;
3.16 (2) performs similar work within the state of Minnesota;
3.17 (3) has one or more of the same telephone or fax numbers;
3.18 (4) has one or more of the same email addresses or websites;
3.19 (5) employs or engages substantially the same individuals to provide or perform services;
3.20 (6) uses substantially the same vehicles, facilities, or equipment; or
3.21 (7) lists or advertises substantially the same project experience and portfolio of work.
3.22 (d) If a commercial mechanical control permit holder is found to have used scuba gear
3.23in violation of section 103G.615, subdivision 1, paragraph (f), the commissioner must revoke
3.24the permit.
3.25 (e) The commissioner of labor and industry must provide the commissioner of natural
3.26resources with timely information necessary to implement this subdivision, subject to section
3.27182.66, subdivision 4.
3.28 EFFECTIVE DATE.This section is effective October 1, 2025, and applies to violations
3.29committed on or after that date.
3Sec. 3.
S1346-2 2nd EngrossmentSF1346 REVISOR CKM 4.1 Sec. 4. [182.679] COMMERCIAL DIVING OPERATIONS.
4.2 Subdivision 1.Application.(a) This section applies to persons who are conducting
4.3scuba diving at a place of employment when making improvements to land, including the
4.4removal of aquatic plants.
4.5 (b) Issuing a permit under section 103G.615 alone does not make the commissioner of
4.6natural resources an employer of the permit holder or the permit holder's employees.
4.7 Subd. 2.Certifications required for commercial diving operations.No employer
4.8may allow any individual subject to this section to conduct scuba diving unless that individual
4.9has a valid open water scuba diver certificate or a more advanced certificate received from
4.10a nationally recognized and accredited certification program or agency.
4.11 Subd. 3.Equipment requirements.An employer must require the use of the following
4.12equipment when an individual subject to this section is scuba diving:
4.13 (1) a buoyancy-control device;
4.14 (2) an illuminated dive beacon;
4.15 (3) a depth-monitoring device;
4.16 (4) fins, mask, and snorkel;
4.17 (5) a compressed gas cylinder and valve;
4.18 (6) a primary regulator and alternate air source;
4.19 (7) a breathing-gas monitoring device;
4.20 (8) a quick-release weight system and weights;
4.21 (9) adequate exposure protection appropriate for local dive conditions;
4.22 (10) at least one audible emergency surface-signaling device; and
4.23 (11) a dive computer or recreational dive planner (RDP).
4.24 Subd. 4.Standby diver required.An employer must ensure that a standby diver is
4.25available while a diver is in the water. No employer may allow an individual to act as a
4.26standby diver unless that individual has a valid rescue diver certificate received from a
4.27nationally recognized and accredited certification program. An extra breathing gas hose
4.28capable of supplying breathing gas to the diver in the water must be available to the standby
4.29diver.
4Sec. 4.
S1346-2 2nd EngrossmentSF1346 REVISOR CKM 5.1 Subd. 5.First aid and CPR training required.An employer shall require that all
5.2individuals subject to this section conducting scuba diving are trained in cardiopulmonary
5.3resuscitation (CPR) and first aid, the American Red Cross standard course or equivalent.
5.4 Subd. 6.Penalties.An employer may be cited by the commissioner for violations of
5.5subdivisions 2 to 5. Citations are punishable under section 182.666.
5.6 Subd. 7.Information for employers.The commissioner must develop an information
5.7sheet for employers who have or intend to have one or more employees use scuba diving
5.8equipment in the workplace. The information sheet must explain the requirements of this
5.9section and include any applicable federal requirements for employers. The commissioner
5.10must post the information sheet on the department's website. The commissioner must also
5.11deliver the information sheet to the commissioner of natural resources to provide to
5.12businesses according to section 103G.615, subdivision 1, paragraph (e).
5.13 EFFECTIVE DATE.This section is effective May 1, 2025.
5Sec. 4.
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