Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1346 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to occupational safety; requiring holders of permits to harvest or destroy
3	3		1.3 aquatic plants to safely use scuba diving equipment; establishing requirements for
4	4		1.4 commercial diving operations; amending Minnesota Statutes 2024, section
5	5		1.5 103G.615, subdivisions 1, 3; proposing coding for new law in Minnesota Statutes,
6	6		1.6 chapter 182.
7	7		1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8		1.8 Section 1. CITATION.
9	9		1.9 This act may be cited as the "Brady Aune and Joseph Anderson Safety Act."
10	10		1.10 EFFECTIVE DATE.This section is effective the day following final enactment.
11	11		1.11 Sec. 2. Minnesota Statutes 2024, section 103G.615, subdivision 1, is amended to read:
12	12		1.12 Subdivision 1.Issuance; validity.(a) The commissioner may issue a state general permit
13	13		1.13to a governmental subdivision or to the general public to conduct one or more projects
14	14		1.14described in this subdivision. The commissioner may issue permits, with or without a fee,
15	15		1.15to:
16	16		1.16 (1) gather or harvest aquatic plants, or plant parts, other than wild rice from public waters;
17	17		1.17 (2) transplant aquatic plants into public waters;
18	18		1.18 (3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
19	19		1.19under prescribed conditions to protect the waters, desirable species of fish, vegetation, other
20	20		1.20forms of aquatic life, and the public.
21	21		1.21 (b) Application for a permit and a notification to request authorization to conduct a
22	22		1.22project under a general permit must be accompanied by a fee, if required.
23	23		1Sec. 2.
24		-	S1346-~~2 2nd~~ EngrossmentSF1346 REVISOR CKM
	24	+	S1346-1 1st EngrossmentSF1346 REVISOR CKM
25	25		SENATE
26	26		STATE OF MINNESOTA
27	27		S.F. No. 1346NINETY-FOURTH SESSION
28	28		(SENATE AUTHORS: BOLDON, Westlin, Hawj, Duckworth and Seeberger)
29	29		OFFICIAL STATUSD-PGDATE
30	30		Introduction and first reading37802/13/2025
31	31		Referred to Environment, Climate, and Legacy
32	32		Withdrawn and re-referred to Labor46702/20/2025
33		-	Comm report: To pass as amended and re-refer to Environment, Climate, and Legacy547a02/27/2025
34		-	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
	33	+	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
35	34		2.2December 31 of the year it is issued unless the commissioner stipulates a different expiration
36	35		2.3date in rule or in the permit.
37	36		2.4 (d) A general permit may authorize a project for more than one growing season.
38		-	2.5 (e) To receive a commercial mechanical control permit under this section, the applicant
39		-	2.6must inform the commissioner whether scuba diving equipment will be used during any
40		-	2.7activity authorized by the permit. If the applicant indicates that scuba diving equipment will
41		-	2.8be used:
42		-	2.9 (1) the commissioner must provide the applicant with the information sheet required
43		-	2.10under section 182.679, subdivision 7; and
44		-	2.11 (2) the applicant must provide documentation to the commissioner verifying that a
45		-	2.12third-party on-site hazard survey was completed in the last year by a qualified safety
46		-	2.13professional who observed the applicant's work using scuba diving equipment. The
47		-	2.14documentation must include a written report of the findings and recommendations to reduce
48		-	2.15the risk of injury or illness to employees that are scuba diving. The written report must
49		-	2.16include an evaluation of specific safety practices, equipment, and training. A qualified safety
50		-	2.17professional includes:
51		-	2.18 (i) a Department of Labor and Industry workplace safety and health consultant;
52		-	2.19 (ii) a workers' compensation loss-control representative, with approval from an insurance
53		-	2.20underwriter; or
54		-	2.21 (iii) a private safety consultant.
55		-	2.22 (f) The holder of a commercial mechanical control permit may not use scuba equipment
56		-	2.23for permitted activities unless the permittee informed the commissioner at the time of the
57		-	2.24application that scuba diving equipment would be used and complied with all other
58		-	2.25requirements of paragraph (e). A permittee who is prohibited from using scuba equipment
59		-	2.26under this paragraph must apply for a new permit under paragraph (e) in order to do so.
60		-	2.27 EFFECTIVE DATE.This section is effective October 1, 2025, and applies to permits
61		-	2.28issued on or after that date.
62		-	2.29 Sec. 3. Minnesota Statutes 2024, section 103G.615, subdivision 3, is amended to read:
63		-	2.30 Subd. 3.Permit standards.(a) The commissioner shall, by rule, prescribe standards to
64		-	2.31issue and deny permits under this section. The standards must ensure that aquatic plant
	37	+	2.5 (e) To receive a commercial mechanical control permit under this section:
	38	+	2.6 (1) the applicant must inform the commissioner whether scuba diving equipment will
	39	+	2.7be used during any activity authorized by the permit. If the applicant indicates that scuba
	40	+	2.8diving equipment will be used, the commissioner must provide the applicant with the
	41	+	2.9information sheet required under section 182.679, subdivision 5; and
	42	+	2.10 (2) the applicant must provide documentation to the commissioner verifying that a
	43	+	2.11third-party on-site hazard survey was completed in the last year by a qualified safety
	44	+	2.12professional who observed the applicant's work using scuba diving equipment. The
	45	+	2.13documentation must include a written report of the findings and recommendations to reduce
	46	+	2.14the risk of injury or illness to employees that are scuba diving. The written report must
	47	+	2.15include an evaluation of specific safety practices, equipment, and training. A qualified safety
	48	+	2.16professional includes:
	49	+	2.17 (i) a Department of Labor and Industry workplace safety and health consultant;
	50	+	2.18 (ii) a workers' compensation loss-control representative, with approval from an insurance
	51	+	2.19underwriter; or
	52	+	2.20 (iii) a private safety consultant.
	53	+	2.21 EFFECTIVE DATE.This section is effective October 1, 2025, and applies to permits
	54	+	2.22issued on or after that date.
	55	+	2.23 Sec. 3. Minnesota Statutes 2024, section 103G.615, subdivision 3, is amended to read:
	56	+	2.24 Subd. 3.Permit standards.(a) The commissioner shall, by rule, prescribe standards to
	57	+	2.25issue and deny permits under this section. The standards must ensure that aquatic plant
	58	+	2.26control is consistent with shoreland conservation ordinances, lake management plans and
	59	+	2.27programs, and wild and scenic river plans.
	60	+	2.28 (b) The commissioner may not issue or renew a permit under this section to any person
	61	+	2.29who:
	62	+	2.30 (1) has received one or more willful violations of an occupational safety and health
	63	+	2.31standard adopted under chapter 182 involving scuba diving during the previous two years;
	64	+	2.32or
65	65		2Sec. 3.
66		-	S1346-2 2nd EngrossmentSF1346 REVISOR CKM 3.1control is consistent with shoreland conservation ordinances, lake management plans and
67		-	3.2programs, and wild and scenic river plans.
68		-	3.3 (b) The commissioner may not issue or renew a commercial mechanical control permit
69		-	3.4under this section to any person who:
70		-	3.5 (1) has received a citation for one or more willful violations of an occupational safety
71		-	3.6and health standard adopted under chapter 182 involving scuba diving during the previous
72		-	3.7two years; or
73		-	3.8 (2) has contested a citation for one or more willful violations of an occupational safety
74		-	3.9and health standard adopted under chapter 182 involving scuba diving during the pendency
75		-	3.10of a contested case.
76		-	3.11 (c) The commissioner may not issue or renew a commercial mechanical control permit
77		-	3.12under this section to a successor person. "Successor person" means a person that shares
78		-	3.13three or more of the following with the person who received or contested a violation under
79		-	3.14paragraph (b):
80		-	3.15 (1) has one or more of the same owners, members, principals, officers, or managers;
81		-	3.16 (2) performs similar work within the state of Minnesota;
82		-	3.17 (3) has one or more of the same telephone or fax numbers;
83		-	3.18 (4) has one or more of the same email addresses or websites;
84		-	3.19 (5) employs or engages substantially the same individuals to provide or perform services;
85		-	3.20 (6) uses substantially the same vehicles, facilities, or equipment; or
86		-	3.21 (7) lists or advertises substantially the same project experience and portfolio of work.
87		-	3.22 (d) If a commercial mechanical control permit holder is found to have used scuba gear
88		-	3.23in violation of section 103G.615, subdivision 1, paragraph (f), the commissioner must revoke
89		-	3.24the permit.
90		-	3.25 (e) The commissioner of labor and industry must provide the commissioner of natural
91		-	3.26resources with timely information necessary to implement this subdivision, subject to section
92		-	3.27182.66, subdivision 4.
93		-	3.28 EFFECTIVE DATE.This section is effective October 1, 2025, and applies to violations
94		-	3.29committed on or after that date.
95		-	3Sec. 3.
96		-	S1346-2 2nd EngrossmentSF1346 REVISOR CKM 4.1 Sec. 4. [182.679] COMMERCIAL DIVING OPERATIONS.
97		-	4.2 Subdivision 1.Application.(a) This section applies to persons who are conducting
98		-	4.3scuba diving at a place of employment when making improvements to land, including the
99		-	4.4removal of aquatic plants.
100		-	4.5 (b) Issuing a permit under section 103G.615 alone does not make the commissioner of
101		-	4.6natural resources an employer of the permit holder or the permit holder's employees.
102		-	4.7 Subd. 2.Certifications required for commercial diving operations.No employer
103		-	4.8may allow any individual subject to this section to conduct scuba diving unless that individual
104		-	4.9has a valid open water scuba diver certificate or a more advanced certificate received from
105		-	4.10a nationally recognized and accredited certification program or agency.
106		-	4.11 Subd. 3.Equipment requirements.An employer must require the use of the following
107		-	4.12equipment when an individual subject to this section is scuba diving:
108		-	4.13 (1) a buoyancy-control device;
109		-	4.14 (2) an illuminated dive beacon;
110		-	4.15 (3) a depth-monitoring device;
111		-	4.16 (4) fins, mask, and snorkel;
112		-	4.17 (5) a compressed gas cylinder and valve;
113		-	4.18 (6) a primary regulator and alternate air source;
114		-	4.19 (7) a breathing-gas monitoring device;
115		-	4.20 (8) a quick-release weight system and weights;
116		-	4.21 (9) adequate exposure protection appropriate for local dive conditions;
117		-	4.22 (10) at least one audible emergency surface-signaling device; and
118		-	4.23 (11) a dive computer or recreational dive planner (RDP).
119		-	4.24 Subd. 4.Standby diver required.An employer must ensure that a standby diver is
120		-	4.25available while a diver is in the water. No employer may allow an individual to act as a
121		-	4.26standby diver unless that individual has a valid rescue diver certificate received from a
122		-	4.27nationally recognized and accredited certification program. An extra breathing gas hose
123		-	4.28capable of supplying breathing gas to the diver in the water must be available to the standby
124		-	4.29diver.
	66	+	S1346-1 1st EngrossmentSF1346 REVISOR CKM 3.1 (2) has contested one or more willful violations of an occupational safety and health
	67	+	3.2standard adopted under chapter 182 involving scuba diving during the pendency of a
	68	+	3.3contested case.
	69	+	3.4 (c) The commissioner may not issue or renew a permit under this section to a successor
	70	+	3.5person. "Successor person" means a person that shares three or more of the following with
	71	+	3.6the person who received or contested a violation under paragraph (b):
	72	+	3.7 (1) has one or more of the same owners, members, principals, officers, or managers;
	73	+	3.8 (2) performs similar work within the state of Minnesota;
	74	+	3.9 (3) has one or more of the same telephone or fax numbers;
	75	+	3.10 (4) has one or more of the same email addresses or websites;
	76	+	3.11 (5) employs or engages substantially the same individuals to provide or perform services;
	77	+	3.12 (6) uses substantially the same vehicles, facilities, or equipment; or
	78	+	3.13 (7) lists or advertises substantially the same project experience and portfolio of work.
	79	+	3.14 EFFECTIVE DATE.This section is effective October 1, 2025, and applies to violations
	80	+	3.15committed on or after that date.
	81	+	3.16 Sec. 4. [182.679] COMMERCIAL DIVING OPERATIONS.
	82	+	3.17 Subdivision 1.Application.This section applies to persons who are conducting
	83	+	3.18self-contained underwater breathing apparatus (scuba) diving at a place of employment
	84	+	3.19when making improvements to land, including the removal of aquatic plants.
	85	+	3.20 Subd. 2.Certification required for commercial diving operations.No employer, and
	86	+	3.21no person who is under a contract to make improvements to land, may allow any individual
	87	+	3.22subject to this section to conduct scuba diving unless that individual has (1) a valid open
	88	+	3.23water scuba diver certificate, or a more advanced certificate, received from a nationally
	89	+	3.24recognized and accredited certification program or agency; and (2) completed CPR and
	90	+	3.25first-aid certification training.
	91	+	3.26 Subd. 3.Equipment requirements.An employer must require the use of the following
	92	+	3.27equipment when an individual subject to this section is scuba diving:
	93	+	3.28 (1) a buoyancy-control device;
	94	+	3.29 (2) an illuminated dive beacon;
	95	+	3.30 (3) fins, mask, and snorkel;
	96	+	3Sec. 4.
	97	+	S1346-1 1st EngrossmentSF1346 REVISOR CKM 4.1 (4) a compressed gas cylinder and valve;
	98	+	4.2 (5) a primary regulator and alternate air source;
	99	+	4.3 (6) a breathing-gas monitoring device;
	100	+	4.4 (7) a depth-monitoring device;
	101	+	4.5 (8) a quick-release weight system and weights;
	102	+	4.6 (9) adequate exposure protection appropriate for local dive conditions;
	103	+	4.7 (10) at least one audible emergency surface-signaling device; and
	104	+	4.8 (11) a dive computer or recreational dive planner (RDP).
	105	+	4.9 Subd. 4.Additional safety requirements.An employer must require that an individual
	106	+	4.10who has a valid rescue diver certificate received from a nationally recognized and accredited
	107	+	4.11certification program must also be on-site when an individual subject to this section is scuba
	108	+	4.12diving.
	109	+	4.13 Subd. 5.Penalties.An employer may be cited by the commissioner for violations of
	110	+	4.14subdivisions 2 and 3. Citations are punishable under section 182.666.
	111	+	4.15 Subd. 6.Information for employers.The commissioner must develop an information
	112	+	4.16sheet for employers who have or intend to have one or more employees use scuba diving
	113	+	4.17equipment in the workplace. The information sheet must explain the requirements of this
	114	+	4.18section and include any applicable federal requirements for employers. The commissioner
	115	+	4.19must post the information sheet on the department's website. The commissioner must also
	116	+	4.20deliver the information sheet to the commissioner of natural resources to provide to
	117	+	4.21businesses according to section 103G.615, subdivision 1, paragraph (e).
	118	+	4.22 EFFECTIVE DATE.This section is effective May 1, 2025.
125	119		4Sec. 4.
126		-	S1346-2 2nd EngrossmentSF1346 REVISOR CKM 5.1 Subd. 5.First aid and CPR training required.An employer shall require that all
127		-	5.2individuals subject to this section conducting scuba diving are trained in cardiopulmonary
128		-	5.3resuscitation (CPR) and first aid, the American Red Cross standard course or equivalent.
129		-	5.4 Subd. 6.Penalties.An employer may be cited by the commissioner for violations of
130		-	5.5subdivisions 2 to 5. Citations are punishable under section 182.666.
131		-	5.6 Subd. 7.Information for employers.The commissioner must develop an information
132		-	5.7sheet for employers who have or intend to have one or more employees use scuba diving
133		-	5.8equipment in the workplace. The information sheet must explain the requirements of this
134		-	5.9section and include any applicable federal requirements for employers. The commissioner
135		-	5.10must post the information sheet on the department's website. The commissioner must also
136		-	5.11deliver the information sheet to the commissioner of natural resources to provide to
137		-	5.12businesses according to section 103G.615, subdivision 1, paragraph (e).
138		-	5.13 EFFECTIVE DATE.This section is effective May 1, 2025.
139		-	5Sec. 4.
140		-	S1346-2 2nd EngrossmentSF1346 REVISOR CKM
	120	+	S1346-1 1st EngrossmentSF1346 REVISOR CKM