Minnesota Legislature
HF 1759
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/15/2023 09:11am
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| Introduction | Posted on 02/14/2023 |
Current Version - as introduced
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A bill for an act
relating to public safety; modifying the Minnesota Hazardous Materials Incident
Response Act; modifying bomb disposal cost reimbursement; making technical
changes related to smoke alarms; amending Minnesota Statutes 2022, sections
299A.48; 299A.49; 299A.50; 299A.51; 299A.52; 299C.063; 299F.362.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 299A.48, is amended to read:
299A.48 CITATION.
Sections 299A.48 to deleted text begin 299A.52deleted text end new text begin 299A.53new text end and 299K.095 may be cited as the "Minnesota
deleted text begin Hazardous Materialsdeleted text end new text begin Emergencynew text end Incident Response Act."
Sec. 2.
Minnesota Statutes 2022, section 299A.49, is amended to read:
299A.49 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 299A.48 to deleted text begin 299A.52deleted text end new text begin 299A.53new text end and
299K.095, the following terms have the meanings given deleted text begin themdeleted text end .
new text begin Subd. 1a. new text end
new text begin Bomb squad. new text end
new text begin
"Bomb squad" means a team trained, equipped, and authorized
by the commissioner to evaluate and provide disposal operations for bombs or other similar
hazardous explosives. Bomb squad includes a bomb disposal unit as defined in section
299C.063.
new text end
deleted text begin Subd. 2. deleted text end
deleted text begin Chemical assessment team. deleted text end
deleted text begin
"Chemical assessment team" means a team (1)
trained, equipped, and authorized to evaluate and, when possible, provide simple mitigation
to a hazardous materials incident and (2) required to recommend to the local incident manager
the best means of controlling the hazard after consideration of life safety concerns,
environmental effects, exposure hazards, quantity and type of hazardous material, availability
of resources, or other relevant factors.
deleted text end
Subd. 3.
Commissioner.
"Commissioner" means the commissioner of public safety.
new text begin Subd. 3a. new text end
new text begin Emergency response incident. new text end
new text begin
"Emergency response incident" means any
incident to which the response of a state emergency response asset is required.
new text end
Subd. 4.
Hazardous materials.
"Hazardous materials" means substances or materials
that, because of their chemical, physical, or biological nature, pose a potential risk to life,
health, or property if they are released. "Hazardous materials" includes any substance or
material in a particular form or quantity that may pose an unreasonable risk to health, safety,
and property, or any substance or material in a quantity or form that may be harmful to
humans, animals, crops, water systems, or other elements of the environment if accidentally
or intentionally released. Hazardous substances so designated may include explosives,
radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or
solids, poisons, oxidizing or corrosive materials, chemical and biological substances, and
toxic or flammable gases.
new text begin Subd. 4a. new text end
new text begin Hazardous materials emergency response team. new text end
new text begin
"Hazardous materials
emergency response team" means a team (1) trained, equipped, and authorized to evaluate
and, when possible, provide practical mitigation to a hazardous materials incident and (2)
required to recommend to the local incident manager the best means of controlling the
hazard after consideration of life safety concerns, environmental effects, exposure hazards,
quantity and type of hazardous material, availability of resources, and other relevant factors.
new text end
Subd. 5.
Local unit of government.
"Local unit of government" means a county, home
rule charter or statutory city, or town.
new text begin Subd. 5a. new text end
new text begin Minnesota air rescue team. new text end
new text begin
"Minnesota air rescue team" means a team trained,
equipped, and authorized by the commissioner to perform specialized air rescue operations.
new text end
Subd. 6.
Person.
"Person" means any individual, partnership, association, public or
private corporation or other entity including the United States government, any interstate
body, the state, and any agency, department, or political subdivision of the state.
deleted text begin Subd. 7. deleted text end
deleted text begin Regional Hazardous materials response team. deleted text end
deleted text begin
"Regional hazardous materials
response team" means a team trained and equipped to respond to and mitigate a hazardous
materials release. A regional hazardous materials response team may include strategically
located chemical assessment teams.
deleted text end
new text begin Subd. 8. new text end
new text begin State emergency response asset. new text end
new text begin
"State emergency response asset" means any
team or teams defined under this section.
new text end
new text begin Subd. 9. new text end
new text begin Urban search and rescue team (USAR). new text end
new text begin
"Urban search and rescue team" or
"USAR" means a team trained and equipped to respond to and carry out rescue and recovery
operations at the scene of a collapsed structure. A USAR team may include strategically
located fire department assets combined under one joint powers agreement.
new text end
Sec. 3.
Minnesota Statutes 2022, section 299A.50, is amended to read:
299A.50 RESPONSE PLAN.
Subdivision 1.
Elements of plan; rules.
After consultation with the commissioners of
natural resources, agriculture, transportation, and the Pollution Control Agency, the state
fire marshal, the Emergency Response Commission, appropriate technical emergency
response representatives, and representatives of affected parties, the commissioner shall
adopt rules to implement a statewide hazardous materials incident response plan. The plan
must include:
(1) the locations of deleted text begin up to five regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams,
based on the location of hazardous materials, response time, proximity to large population
centers, and other factors;
(2) the number and qualifications of members on each team;
(3) the responsibilities of deleted text begin regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams;
(4) equipment needed for deleted text begin regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams;
(5) procedures for selecting and contracting with local governments or nonpublic persons
to establish deleted text begin regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams;
(6) procedures for dispatching teams at the request of local governments;
(7) a fee schedule for reimbursing local governments or nonpublic persons responding
to an incident; and
(8) coordination with other state departments and agencies, local units of government,
other states, Indian tribes, the federal government, and other nonpublic persons.
Subd. 2.
Contract and agreement.
The commissioner may cooperate with and enter
into contracts with other state departments and agencies, local units of government, other
states, Indian tribes, the federal government, or nonpublic persons to implement thenew text begin
emergency incidentnew text end response plan.
Subd. 3.
Long-term oversight; transition.
When a deleted text begin regionaldeleted text end hazardous materialsnew text begin
emergencynew text end response team has completed its response to an incident, the commissioner shall
notify the commissioner of the Pollution Control Agency, which is responsible for assessing
environmental damage caused by the incident and providing oversight of monitoring and
remediation of that damage from the time the response team has completed its activities.
Sec. 4.
Minnesota Statutes 2022, section 299A.51, is amended to read:
299A.51 LIABILITY AND WORKERS' COMPENSATION.
Subdivision 1.
Liability.
During operations authorized under section 299A.50, members
of a deleted text begin regional hazardous materials teamdeleted text end new text begin state emergency response assetnew text end operating outside
their geographic jurisdiction are "employees of the state" as defined in section 3.736.
Subd. 2.
Workers' compensation.
During operations authorized under section 299A.50,
members of a deleted text begin regional hazardous materials teamdeleted text end new text begin state emergency response assetnew text end operating
outside their geographic jurisdiction are considered employees of the Department of Public
Safety for purposes of chapter 176.
Subd. 3.
Limitation.
A person who provides personnel and equipment to assist at the
scene of deleted text begin a hazardous materialsdeleted text end new text begin an emergencynew text end response incident outside the person's
geographic jurisdiction or property, at the request of the state or a local unit of government,
is not liable for any civil damages resulting from acts or omissions in providing the assistance,
unless the person acts in a willful and wanton or reckless manner in providing the assistance.
Sec. 5.
Minnesota Statutes 2022, section 299A.52, is amended to read:
299A.52 RESPONSIBLE deleted text begin PERSONdeleted text end new text begin PARTYnew text end .
Subdivision 1.
Response liability.
A responsible deleted text begin persondeleted text end new text begin partynew text end , as described in section
115B.03, is liable for the reasonable and necessary costs, including legal and administrative
costs, of response to deleted text begin a hazardous materialsdeleted text end new text begin an emergency responsenew text end incidentnew text begin or explosives
disposal under section 299C.063new text end incurred by a deleted text begin regional hazardous materials response teamdeleted text end new text begin
state emergency response assetnew text end or local unit of government. For the purposes of this section,
"hazardous substance" as used in section 115B.03 means "hazardous material" as defined
in section 299A.49.
Subd. 2.
Expense recovery.
The commissioner shall assess the responsible deleted text begin persondeleted text end new text begin partynew text end
for deleted text begin the regional hazardous materials response teamdeleted text end new text begin an emergency response asset'snew text end costs of
response. The commissioner may bring an action for recovery of unpaid costs, reasonable
attorney fees, and any additional court costs. Any funds received by the commissioner under
this subdivision are appropriated to the commissioner to pay for costs for which the funds
were received. Any remaining funds at the end of the biennium shall be transferred to the
deleted text begin Fire Safety Accountdeleted text end new text begin general fundnew text end .
Subd. 3.
Attempted avoidance of liability.
For purposes of sections 299A.48 to 299A.52
and 299K.095, a responsible deleted text begin persondeleted text end new text begin partynew text end may not avoid liability by conveying any right,
title, or interest in real property or by any indemnification, hold harmless agreement, or
similar agreement.
Sec. 6.
Minnesota Statutes 2022, section 299C.063, is amended to read:
299C.063 BOMB DISPOSAL EXPENSE REIMBURSEMENT.
Subdivision 1.
Definitions.
The terms used in this section have the meanings given them
in this subdivision:
(a) "Bomb disposal unit" means a commissioner-approved unit consisting of persons
who are trained and equipped to dispose of or neutralize bombs or other similar hazardous
explosives and who are employed by a municipality.
(b) "Commissioner" means the commissioner of public safety.
deleted text begin
(c) "Municipality" has the meaning given it in section 466.01.
deleted text end
new text begin
(c) "Explosives sweep" means a detailed scanning service used in corporate office
buildings, shipping hangars, event stadiums, transportation hubs, large outdoor events, and
other critical facilities using ground-penetrating radar, magnetometers, metal detectors, and
specially trained K-9 units to detect improvised explosive devices and explosive remnants
of war, such as unexploded ordnance and abandoned ordnance.
new text end
(d) "Hazardous explosives" means explosives as defined in section 299F.72, subdivision
2, explosive devices and incendiary devices as defined in section 609.668, subdivision 1,
and all materials subject to regulation under United States Code, title 18, chapter 40.
new text begin
(e) "Municipality" has the meaning given in section 466.01.
new text end
Subd. 2.
Expense reimbursement.
new text begin (a) new text end The commissioner may reimburse bomb disposal
units for reasonable expenses incurrednew text begin :
new text end
new text begin (1)new text end to dispose of or neutralize bombs or other similar hazardous explosives for their
employer-municipality or for another municipality outside the jurisdiction of the
employer-municipality but within the state. Reimbursement is limited to the extent of
appropriated fundsdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) to use the services of police explosive detection K-9 assets;
new text end
new text begin
(3) for dignitary explosive sweeps;
new text end
new text begin
(4) for explosive sweeps at large state events;
new text end
new text begin
(5) to provide for explosive security at large state events; and
new text end
new text begin
(6) for large-scale scheduled public events.
new text end
new text begin
(b) Reimbursement for expenses under this subdivision is limited to the extent of
appropriated funds.
new text end
Subd. 3.
Agreements.
The commissioner may enter into contracts or agreements with
bomb disposal units to implement and administer this section.
new text begin Subd. 4. new text end
new text begin Public event agreements. new text end
new text begin
The commissioner may enter into contracts with
public event organizers, as defined in section 299A.52, for costs associated with explosive
sweeps conducted by state bomb disposal units.
new text end
Sec. 7.
Minnesota Statutes 2022, section 299F.362, is amended to read:
299F.362 SMOKE deleted text begin DETECTORdeleted text end new text begin ALARMnew text end ; INSTALLATION; RULES; PENALTY.
Subdivision 1.
Definitions.
For the purposes of this section, the following definitions
shall apply:
(a) "Apartment house" is any building, or portion thereof, which is designed, built,
rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence
of three or more families living independently of each other and doing their own cooking
in the building, and shall include buildings containing three or more flats or apartments.
(b) "Dwelling" is any building, or any portion thereof, which is not an apartment house,
lodging house, or a hotel and which contains one or two "dwelling units" which are, or are
intended or designed to be, occupied for living purposes.
(c) "Dwelling unit" is a single unit providing complete, independent living facilities for
one or more persons including permanent provisions for living, sleeping, eating, cooking,
and sanitation, or a single unit used by one or more persons for sleeping and sanitation
pursuant to a work practice or labor agreement.
(d) "Hotel" is any building, or portion thereof, containing six or more guest rooms
intended or designed to be used, or which are used, rented, or hired out to be occupied, or
which are occupied for sleeping purposes by guests.
(e) "Lodging house" is any building, or portion thereof, containing not more than five
guest rooms which are used or are intended to be used for sleeping purposes by guests and
where rent is paid in money, goods, labor, or otherwise.
Subd. 2.
Rulesdeleted text begin ,deleted text end new text begin ;new text end smoke deleted text begin detectordeleted text end new text begin alarmnew text end location.
The commissioner of public safety
shall promulgate rules concerning the placement of smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end in dwellings,
apartment houses, hotels, and lodging houses. The rules shall take into account designs of
the guest rooms or dwelling units.
Subd. 3.
Smoke deleted text begin detectordeleted text end new text begin alarmnew text end for any dwelling.
Every dwelling unit within a dwelling
must be provided with a smoke deleted text begin detectordeleted text end new text begin alarmnew text end meeting the requirements of the State Fire
Code. The deleted text begin detectordeleted text end new text begin smoke alarmnew text end must be mounted in accordance with the rules regarding
smoke deleted text begin detectordeleted text end new text begin alarmnew text end location adopted under subdivision 2. When actuated, the deleted text begin detectordeleted text end new text begin
smoke alarmnew text end must provide an alarm in the dwelling unit.
Subd. 3a.
Smoke deleted text begin detectordeleted text end new text begin alarmnew text end for new dwelling.
In construction of a new dwelling,
each smoke deleted text begin detectordeleted text end new text begin alarmnew text end must be attached to a centralized power source.
Subd. 4.
Smoke deleted text begin detectordeleted text end new text begin alarmnew text end for apartment, lodging house, or hotel.
Every dwelling
unit within an apartment house and every guest room in a lodging house or hotel used for
sleeping purposes must be provided with a smoke deleted text begin detectordeleted text end new text begin alarmnew text end conforming to the
requirements of the State Fire Code. In dwelling units, deleted text begin detectorsdeleted text end new text begin smoke alarmsnew text end must be
mounted in accordance with the rules regarding smoke deleted text begin detectordeleted text end new text begin alarmnew text end location adopted
under subdivision 2. When actuated, the deleted text begin detectordeleted text end new text begin smoke alarmnew text end must provide an alarm in
the dwelling unit or guest room.
Subd. 5.
Maintenance responsibilities.
For all occupancies covered by this section
where the occupant is not the owner of the dwelling unit or the guest room, the owner is
responsible for maintenance of the smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end . An owner may file inspection
and maintenance reports with the local fire marshal for establishing evidence of inspection
and maintenance of smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end .
Subd. 5a.
Inform owner; no added liability.
The occupant of a dwelling unit must
inform the owner of the dwelling unit of a nonfunctioning smoke deleted text begin detectordeleted text end new text begin alarmnew text end within 24
hours of discovering that the smoke deleted text begin detectordeleted text end new text begin alarmnew text end in the dwelling unit is not functioning.
If the occupant fails to inform the owner under this subdivision, the occupant's liability for
damages is not greater than it otherwise would be.
Subd. 6.
Penalties.
(a) Any person who violates any provision of this section deleted text begin shall bedeleted text end new text begin
isnew text end subject to the same penalty and deleted text begin thedeleted text end enforcement mechanism that is provided for violation
of the State Fire Code, as specified in section 299F.011, subdivision 6.
(b) An occupant who willfully disables a smoke deleted text begin detectordeleted text end new text begin alarmnew text end or causes it to be
nonfunctioning, resulting in damage or injury to persons or property, is guilty of a
misdemeanor.
Subd. 7.
Local government preempted.
This section prohibits a local unit of government
from adopting standards different from those provided in this section.
Subd. 9.
Local government ordinance; installation in single-family
residence.
Notwithstanding subdivision 7, or other lawnew text begin to the contrarynew text end , a local governing
body may adopt, by ordinance, rules for the installation of a smoke deleted text begin detectordeleted text end new text begin alarmnew text end in
single-family homes in the city that are more restrictive than the standards provided by this
section. Rules adopted pursuant to this subdivision may be enforced through a
truth-in-housing inspection.
Subd. 10.
Public fire safety educator.
The position of Minnesota public fire safety
educator is established in the Department of Public Safety.
Subd. 11.
Insurance claim.
No insurer shall deny a claim for loss or damage by fire for
failure of a person to comply with this section.