1.1 	A bill for an act
1.2 	relating to public safety; requiring security measures and security plans at 
1.3 	certain facilities that control certain hazardous substances; appropriating money;
1.4 	amending Minnesota Statutes 2004, sections 13.6905, by adding a subdivision; 
1.5 	115E.01, subdivisions 5, 6, 7, 13, by adding subdivisions; 115E.04, subdivision 
1.6 	2, by adding subdivisions; 115E.05, subdivisions 1, 2; 115E.08, subdivision 3; 
1.7 	proposing coding for new law in Minnesota Statutes, chapter 115E.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 13.6905, is amended by adding a 
1.10 	subdivision to read:
1.11 		Subd. 1a.Facility security plans. Facility security plans are nonpublic data.

1.12 	Sec. 2. Minnesota Statutes 2004, section 115E.01, subdivision 5, is amended to read:
1.13 		Subd. 5.Facility. "Facility" means a structure, group of structures, equipment, 
1.14 	or device, other than a vessel, that is used for one or more of the following purposes: 
1.15 	exploring for, drilling for, producing, storing, handling, transferring, processing, or 
1.16 	transporting oil or a hazardous substance. Facility includes a motor vehicle, rolling stock, 
1.17 	or pipeline used for one or more of these purposes. Facility also includes a research and 
1.18 	development laboratory, which means a specially designated area used primarily for 
1.19 	research, development, and testing activity and not primarily involved in the production of 
1.20 	goods for commercial sale. A facility may be in, on, or under land, or in, on, or under 
1.21 	waters of the state as defined in section  115.01, subdivision 22. 

1.22 	Sec. 3. Minnesota Statutes 2004, section 115E.01, subdivision 6, is amended to read:
2.1 		Subd. 6.Hazardous substance. "Hazardous substance" has the meaning given in 
2.2 	section  115B.02, subdivision 8. In addition, hazardous substance includes the substances 
2.3 	listed under section 112r of the Clean Air Act, found in Code of Federal Regulations, 
2.4 	title 40, part 68.

2.5 	Sec. 4. Minnesota Statutes 2004, section 115E.01, subdivision 7, is amended to read:
2.6 		Subd. 7.Lead agency. "Lead agency" means:
2.7 	(1) the Department of Agriculture, with respect to agricultural chemicals; or
2.8 	(2) the Pollution Control Agency, for other hazardous substances or oil; or
2.9 	(3) the Department of Public Safety, with respect to the security planning and 
2.10 	security measures.

2.11 	Sec. 5. Minnesota Statutes 2004, section 115E.01, is amended by adding a subdivision 
2.12 	to read:
2.13 		Subd. 11d.Security measure. "Security measure" means an action carried out to 
2.14 	increase the security of a facility, including employee training and background checks, 
2.15 	limitation and prevention of access to controls of the facility, protection of the perimeter 
2.16 	of the facility, installation and operation of an intrusion detection sensor, or a measure to 
2.17 	increase computer or computer network security.

2.18 	Sec. 6. Minnesota Statutes 2004, section 115E.01, is amended by adding a subdivision 
2.19 	to read:
2.20 		Subd. 11e.Use of inherently safer technology. "Use of inherently safer 
2.21 	technology" means the use of a technology, product, raw material, or practice that, as 
2.22 	compared with the technologies, products, raw materials, or practices currently in use, 
2.23 	reduces or eliminates the possibility of a release, and reduces or eliminates the threats to the 
2.24 	public health or safety and environment associated with the release or threatened release.

2.25 	Sec. 7. Minnesota Statutes 2004, section 115E.01, subdivision 13, is amended to read:
2.26 		Subd. 13.Worst case discharge. "Worst case discharge" means:
2.27 	(1) in the case of a vessel, sudden loss of the entire contents of the vessel in weather 
2.28 	conditions that impede cleanup;
2.29 	(2) for each tank of a storage tank facility, sudden loss of the entire contents of the 
2.30 	tank in weather conditions that impede cleanup;
3.1 	(3) in the case of railroad rolling stock facilities, sudden loss of the contents of the 
3.2 	maximum expected number of the rail cars containing oil or hazardous substance of a train 
3.3 	onto land or into water in weather conditions that impede cleanup;
3.4 	(4) in the case of truck and trailer rolling stock facilities, sudden loss of the entire 
3.5 	contents of the truck or trailer onto land or into water in weather conditions that impede 
3.6 	cleanup;
3.7 	(5) in the case of a pipeline facility, sudden loss of the contents of the pipeline 
3.8 	which would be expected from complete failure of the pipeline onto land or into water in 
3.9 	weather conditions that impede cleanup;
3.10 	(6) in the case of oil or hazardous substance transfer facilities, sudden loss of the 
3.11 	largest volume which could occur during transfer into or out of a facility; or
3.12 	(7) in the case of a facility with more than the threshold quantity of any substance 
3.13 	listed in Code of Federal Regulations, title 40, part 68, under section 112r of the Clean 
3.14 	Air Act, on the property at any point in the year, sudden loss of the maximum expected 
3.15 	inventory of the substances; or
3.16 	(8) the worst case discharge for the facility as described by regulations under the 
3.17 	Oil Pollution Act of 1990 if the regulations, when adopted, describe a discharge worse 
3.18 	than one described in clauses (1) to (6) (7).

3.19 	Sec. 8. [115E.025] DUTY TO SECURE FACILITIES.
3.20 		Subdivision 1.General security. A person who owns or operates a vessel or 
3.21 	facility transporting, storing, or otherwise handling hazardous substances or oil, or who 
3.22 	is otherwise in control of hazardous substances or oil, shall take reasonable security 
3.23 	measures to prevent the unauthorized access of persons to the facilities or to the control 
3.24 	mechanisms of the facility.
3.25 		Subd. 2.Specific security measures. The following persons shall comply with the 
3.26 	specific requirements of section 115E.04, subdivision 2:
3.27 	(1) persons who own or operate facilities subject to Code of Federal Regulations, 
3.28 	title 40, part 68, under section 112r of the Clean Air Act, except for retail facilities at 
3.29 	which more than one-half of the income is obtained from direct sales of ammonia or 
3.30 	propane to end users; and
3.31 	(2) persons who own or operate facilities containing 1,000,000 gallons or more of 
3.32 	oil or hazardous substance in tank storage at any time.

3.33 	Sec. 9. Minnesota Statutes 2004, section 115E.04, is amended by adding a subdivision 
3.34 	to read:
4.1 		Subd. 1a.Security plan. Persons required to show specific security measures 
4.2 	under section 115E.025, subdivision 2, shall prepare and maintain a facility security 
4.3 	plan. The security plan must be completed in consultation with local law enforcement 
4.4 	agencies. The security plan must:
4.5 	(1) summarize the methods used and results of an assessment of vulnerability of 
4.6 	the facility to a terrorist attack or other unauthorized entry and release, the expertise 
4.7 	and affiliation of the evaluators, and any direct or indirect relationship between the 
4.8 	vulnerability evaluators and the owner or operator of the facility;
4.9 	(2) provide an inventory of the hazardous substance or oil subject to the security 
4.10 	plan, with ranges of the quantity of each substance expected to be in the facility and 
4.11 	entering and leaving the facility during the course of a year;
4.12 	(3) assess the use of inherently safe technology in reducing or eliminating the 
4.13 	vulnerability of the facility and the possibility of an unauthorized release;
4.14 	(4) describe actions and procedures, including safer design and maintenance of 
4.15 	the facility, use of inherently safer technology, and all appropriate security measures 
4.16 	undertaken to eliminate or significantly lessen the vulnerability to an unauthorized entry to 
4.17 	the facility or an unauthorized release of oil or a hazardous substance; and 
4.18 	(5) the names of all insurance carriers underwriting the facility's environmental 
4.19 	liability and workers' compensation insurance policies and the scope of the policies, 
4.20 	including any limitations and exclusions.
4.21 	A plan submitted to the federal government under the Oil Pollution Act of 1990 or 
4.22 	prepared under any other law may be used to satisfy the security plan requirement in this 
4.23 	subdivision, if the information required by this subdivision is included in the plan.
4.24 	The security plan required by this subdivision and material specifically related to 
4.25 	preparation, review, or approval of the security plan are nonpublic data under chapter 13.

4.26 	Sec. 10. Minnesota Statutes 2004, section 115E.04, subdivision 2, is amended to read:
4.27 		Subd. 2.Timing. (a) A person required to be prepared under section  115E.03, other 
4.28 	than a person who owns or operates a motor vehicle, rolling stock, or a facility that stores 
4.29 	less than 250,000 gallons of oil or a hazardous substance, shall complete the response plan 
4.30 	required by this section by March 1, 1993, unless one of the commissioners orders the 
4.31 	person to demonstrate preparedness at an earlier date under section  115E.05. 
4.32 	(b) A person who owns or operates a motor vehicle, rolling stock, or a facility 
4.33 	that stores less than 250,000 gallons of oil or a hazardous substance shall complete the 
4.34 	response plan required by this section by January 1, 1994.
5.1 	(c) A person required to prepare a security plan shall complete it within 90 days of the 
5.2 	effective date of this act. The security plan must be amended following significant change 
5.3 	in the security measures, vulnerability, or presence of hazardous substances on the facility.
5.4 	(d) Plans required under section  115E.04 or  115E.045 must be updated every three 
5.5 	years. Plans must be updated before three years following a significant discharge, upon 
5.6 	significant change in vessel or facility operation or ownership, upon significant change in 
5.7 	the national or area contingency plans under the Oil Pollution Act of 1990, or upon change 
5.8 	in the capabilities or role of a person named in a plan who has an important response role. 

5.9 	Sec. 11. Minnesota Statutes 2004, section 115E.04, is amended by adding a subdivision 
5.10 	to read:
5.11 		Subd. 4a.Review of security plans. (a) A person required to complete a security 
5.12 	plan under section 115E.025, subdivision 2, must submit a copy of the security plan to the 
5.13 	Department of Public Safety within five business days of its completion.
5.14 	(b) Authorized staff of the Department of Public Safety must be granted access to 
5.15 	the facility for the purpose of inspecting security measures.
5.16 	(c) Upon the request of authorized staff of the Department of Public Safety, a person 
5.17 	shall demonstrate the adequacy of the security plan and security measures by conducting 
5.18 	announced or unannounced drills, calling persons and organizations named in a security 
5.19 	plan and verifying roles and capabilities, locating and testing security measure procedures 
5.20 	or equipment, questioning facility personnel, or other means that in the judgment of the 
5.21 	commissioner or sheriff demonstrate security. Before requesting an unannounced security 
5.22 	drill, the commissioner of public safety or authorized person shall invite the county sheriff 
5.23 	to participate in or witness the drill. If an announced drill is conducted to the satisfaction 
5.24 	of the commissioner, the person conducting the security drill may not be required to 
5.25 	conduct an additional unannounced security drill in the same calendar year.

5.26 	Sec. 12. Minnesota Statutes 2004, section 115E.04, is amended by adding a subdivision 
5.27 	to read:
5.28 		Subd. 4b.Data. Assessments and plans prepared under this section are nonpublic 
5.29 	data as defined in section 13.02, except that the data may be provided to law enforcement, 
5.30 	firefighters, members of the National Guard, or other representatives of a government 
5.31 	entity responding to a request for services at a facility that is the subject of the assessment 
5.32 	and plan.

5.33 	Sec. 13. Minnesota Statutes 2004, section 115E.05, subdivision 1, is amended to read:
6.1 		Subdivision 1.Amendment to plan. If one or more of the commissioners finds 
6.2 	the prevention and response plans or preparedness measures of a person do not meet the 
6.3 	requirements of this chapter, or if the commissioner of public safety finds that the security 
6.4 	plan does not meet the requirements of this chapter, the commissioner or commissioners 
6.5 	making the finding may by order require that reasonable amendments to the plan or 
6.6 	reasonable additional preventive or,  preparedness, or security  measures be implemented 
6.7 	in a timely fashion. If more than one commissioner makes the finding, the order must 
6.8 	be a joint order.

6.9 	Sec. 14. Minnesota Statutes 2004, section 115E.05, subdivision 2, is amended to read:
6.10 		Subd. 2.Compliance. If oil or a hazardous substance is discharged while it is 
6.11 	under the control of a person not identified in section  115E.03, subdivision 2, or in 
6.12 	section 115E.025, any one of the commissioners with appropriate jurisdiction may by 
6.13 	order require the person to comply with the prevention and response plan or security plan 
6.14 	requirements of sections  115E.03 and  115E.04 in a timely manner if: 
6.15 	(1) land, water, or air of the state is polluted or threatened; or
6.16 	(2) human life, safety, health, natural resources, or property is damaged or threatened.

6.17 	Sec. 15. Minnesota Statutes 2004, section 115E.08, subdivision 3, is amended to read:
6.18 		Subd. 3.Jurisdiction. Except as otherwise provided, the following agencies have 
6.19 	primary responsibility for the specified areas in carrying out the duties and authorities 
6.20 	of this chapter:
6.21 	(1) the Department of Agriculture, for agricultural chemicals;
6.22 	(2) the Department of Public Safety, for public safety and,  protection of property, 
6.23 	and security measures;
6.24 	(3) the Department of Natural Resources, for assessment and rehabilitation of water 
6.25 	resources;
6.26 	(4) the Pollution Control Agency, for all other matters subject to this chapter; and
6.27 	(5) the Department of Transportation, with respect to requirements related to the 
6.28 	packaging, labeling, placarding, routing, and written reporting on releases of hazardous 
6.29 	materials that are being transported.

6.30 	Sec. 16. APPROPRIATION.
 6.31 	$....... is appropriated in fiscal year 2006 from the general fund to the commissioner 
6.32 	of public safety for purposes of this act.