1.1 	A bill for an act
1.2 	relating to public safety; providing for prevention, preparedness, and response 
1.3 	to unauthorized releases of extraordinarily hazardous substances;amending 
1.4 	Minnesota Statutes 2004, section 13.6905, by adding a subdivision; proposing 
1.5 	coding for new law in Minnesota Statutes, chapter 115E.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 13.6905, is amended by adding a 
1.8 	subdivision to read:
1.9 		Subd. 1a.Extraordinarily hazardous substance assessments and plans.
 1.10 	Extraordinarily hazardous substance assessments and plans are classified under section 
1.11 	115E.22, subdivision 5.

1.12 	Sec. 2. [115E.20] DEFINITIONS.
1.13 		Subdivision 1.Scope. The definitions in this section apply to sections 115E.20 to 
1.14 	115E.22.
1.15 		Subd. 2.Extraordinarily hazardous substance. "Extraordinarily hazardous 
1.16 	substance" means any substance or chemical compound used, manufactured, stored, or 
1.17 	capable of being produced from on-site components in this state in sufficient quantities 
1.18 	at a single site such that its release into the environment would produce a significant 
1.19 	likelihood that persons exposed will suffer acute health effects resulting in death or 
1.20 	permanent disability.
1.21 		Subd. 3.Extraordinarily hazardous substance list. "Extraordinarily hazardous 
1.22 	substance list" means the substances or chemical compounds identified in section 115E.21, 
1.23 	subdivision 1, and identified by rule according to section 115E.21, subdivision 3.
2.1 		Subd. 4.Facility. "Facility" means a building, equipment, and contiguous area. 
2.2 	Facility includes a research and development laboratory, which means a specially 
2.3 	designated area used primarily for research, development, and testing activity, and 
2.4 	not primarily involved in the production of goods for commercial sale, in which 
2.5 	extraordinarily hazardous substances are used by or under the supervision of a technically 
2.6 	qualified person.
2.7 		Subd. 5.Security measure. "Security measure" means an action carried out to 
2.8 	increase the security of a facility, including employee training and background checks, 
2.9 	limitation and prevention of access to controls of the facility, protection of the perimeter 
2.10 	of the facility, installation and operation of an intrusion detection sensor, or a measure to 
2.11 	increase computer or computer network security.
2.12 		Subd. 6.Unauthorized release. "Unauthorized release" means a release from a 
2.13 	facility into the environment of an extraordinarily hazardous substance that is caused, in 
2.14 	whole or in part, by a criminal act, a release into the environment of an extraordinarily 
2.15 	hazardous substance that has been removed from a facility, in whole or in part, by a 
2.16 	criminal act, or a release or removal from a facility of an extraordinarily hazardous 
2.17 	substance that is unauthorized by the owner or operator of the facility.
2.18 		Subd. 7.Use of inherently safer technology. "Use of inherently safer technology" 
2.19 	means the use of a technology, product, raw material, or practice that, as compared 
2.20 	with the technologies, products, raw materials, or practices currently in use, reduces or 
2.21 	eliminates the possibility of a release of an extraordinarily hazardous substance prior to 
2.22 	secondary containment, control, or mitigation and reduces or eliminates the threats to 
2.23 	public health and the environment associated with an unauthorized release or potential 
2.24 	unauthorized release of an extraordinarily hazardous substance.

2.25 	Sec. 3. [115E.21] EXTRAORDINARILY HAZARDOUS SUBSTANCE LIST; 
2.26 	REGISTRATION.
2.27 		Subdivision 1.Initial list. The following chemicals or chemical compounds, in the 
2.28 	quantities indicated, constitute the initial extraordinarily hazardous substance list:
2.29 	(1) hydrogen chloride (HCl) and allyl chloride in quantities of 2,000 pounds or more;
2.30 	(2) hydrogen cyanide (HCN), hydrogen fluoride (HF), chlorine (Cl2), phosphorus 
2.31 	trichloride, and hydrogen sulfide (H2S) in quantities of 500 pounds or more; and
2.32 	(3) phosgene, bromine, methyl isocyanate (MIC), and toluene-2, 4-diisocyanate 
2.33 	(TDS) in quantities of 100 pounds or more.
2.34 		Subd. 2.Registration. Within 60 days of the effective date of this act, the 
2.35 	commissioner of public safety shall develop and issue a registration form to be completed 
3.1 	within 120 days of the effective date of this act by the owner or operator of each facility in 
3.2 	the state that at any time generates, stores, or handles any of the extraordinarily hazardous 
3.3 	substances in the threshold amounts on the initial extraordinarily hazardous substance 
3.4 	list under subdivision 1. The registration form shall provide, in addition to any other 
3.5 	information that may be required by the commissioner, the following:
3.6 	(1) an inventory of the extraordinarily hazardous substance or substances generated, 
3.7 	stored, or handled at the facility and the quantity or quantities of the substances. The 
3.8 	inventory must identify whether the substances are end products, intermediate products, 
3.9 	byproducts, or waste products;
3.10 	(2) a general description of the processes and principal equipment involved in the 
3.11 	management of the substance or substances;
3.12 	(3) a profile of the area in which the facility is situated, including its proximity to 
3.13 	population and water supplies; 
3.14 	(4) the extent to which the risks and hazards of the processes, equipment, and 
3.15 	operations have been identified, evaluated, and abated and the expertise and affiliation 
3.16 	of the evaluators and any direct or indirect relationship between the evaluators and the 
3.17 	owner or operator of the facility; and
3.18 	(5) the name or names of all insurance carriers underwriting the facility's 
3.19 	environmental liability and workers' compensation insurance policies and the scope of the 
3.20 	policies, including any limitations and exclusions.
3.21 		Subd. 3.Additions to list by rule. Within 18 months of the effective date of 
3.22 	this act, the commissioner of the Pollution Control Agency, in consultation with the 
3.23 	commissioner of health, shall develop and adopt as a rule an extraordinarily hazardous 
3.24 	substance list. The list shall correlate the substances or compounds with the quantities 
3.25 	required to produce the potentially catastrophic circumstance. The commissioner may 
3.26 	amend, by rule, the extraordinarily hazardous substance list to accommodate new chemical 
3.27 	compounds that may be developed or reflect new information or scientific data that may 
3.28 	become available to the commissioner.
3.29 		Subd. 4.Subsequent registration. Within 90 days of the adoption of an 
3.30 	extraordinarily hazardous substance list under subdivision 3, the owner or operator of each 
3.31 	facility in the state that generates, stores, or handles any of the extraordinarily hazardous 
3.32 	substances in the threshold amounts on the extraordinarily hazardous substance list, not 
3.33 	registered according to subdivision 2, shall complete the registration form developed 
3.34 	and issued by the commissioner.

4.1 	Sec. 4. [115E.22] UNAUTHORIZED RELEASES; PREVENTION, 
4.2 	PREPAREDNESS, AND RESPONSE.
4.3 		Subdivision 1.Risk assessment. Within one year of the effective date of this act, 
4.4 	the owner or operator of each facility in the state that at any time generates, stores, or 
4.5 	handles any of the extraordinarily hazardous substances in the threshold amounts on the 
4.6 	extraordinarily hazardous substance list adopted under section 115E.21 must:
4.7 	(1) conduct an assessment of the vulnerability of the facility to a terrorist attack or 
4.8 	other unauthorized release;
4.9 	(2) identify and assess hazards, using appropriate hazard assessment techniques, that 
4.10 	may result from an unauthorized release of any extraordinarily hazardous substance; and
4.11 	(3) assess the use of inherently safer technology in reducing or eliminating the 
4.12 	possibility of an unauthorized release.
4.13 		Subd. 2.Prevention, preparedness, and response plan required. Within 18 
4.14 	months of the effective date of this act, the owner or operator of each facility in the state 
4.15 	that is required to complete the assessments under subdivision 1 must prepare, and submit 
4.16 	to the commissioner of public safety for review and approval, a prevention, preparedness, 
4.17 	and response plan that incorporates the results of the vulnerability and hazard assessments 
4.18 	conducted under subdivision 1.
4.19 		Subd. 3.Plan requirements. The prevention, preparedness, and response plan 
4.20 	under this section must include actions and procedures, including safer design and 
4.21 	maintenance of the facility, use of inherently safer technology, and all appropriate security 
4.22 	measures, undertaken to eliminate or significantly lessen the potential consequences of an 
4.23 	unauthorized release of any extraordinarily hazardous substance.
4.24 		Subd. 4.Required consultation. The requirements of subdivisions 1 to 3 must be 
4.25 	completed in consultation with local law enforcement, first responders, and employees 
4.26 	of the facility.
4.27 		Subd. 5.Data. Assessments and plans prepared under this section are nonpublic 
4.28 	data as defined in section 13.02 except that the data may be provided to law enforcement, 
4.29 	firefighters, members of the National Guard, or other representatives of a government 
4.30 	entity responding to a request for services at a facility that is the subject of the assessment 
4.31 	and plan.