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Minnesota Legislature

Office of the Revisor of Statutes

HF 1465

as introduced - 90th Legislature (2017 - 2018) Posted on 02/20/2017 01:37pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to transportation; providing for railroad oil and hazardous materials
emergency preparedness;amending Minnesota Statutes 2016, sections 13.6905,
by adding a subdivision; 13.7411, by adding a subdivision; 115E.042; 219.015;
299A.55; proposing coding for new law in Minnesota Statutes, chapter 219.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 13.6905, is amended by adding a subdivision
to read:


new text begin Subd. 34. new text end

new text begin Oil and other hazardous substances transportation data. new text end

new text begin Certain data on
oil and other hazardous substances transportation by railroads are governed by section
219.925, subdivision 7.
new text end

Sec. 2.

Minnesota Statutes 2016, section 13.7411, is amended by adding a subdivision to
read:


new text begin Subd. 10. new text end

new text begin Prevention and response plans. new text end

new text begin Certain data on prevention and response
plans are governed by section 115E.042, subdivision 7.
new text end

Sec. 3.

Minnesota Statutes 2016, section 115E.042, is amended to read:


115E.042 PREPAREDNESS AND RESPONSE FOR CERTAIN RAILROADS.

Subdivision 1.

Application.

In addition to the requirements of section 115E.04, a person
who owns or operates railroad car rolling stock transporting a unit train must comply with
this section.

Subd. 2.

Training.

(a) Each railroad must offer training to each fire departmentnew text begin and
each local organization for emergency management under section 12.25
new text end having jurisdiction
along the deleted text beginroute of unit trainsdeleted text endnew text begin routes over which oil and other hazardous substances are
transported
new text end. deleted text beginInitial training under this subdivision must be offered to each fire department
by June 30, 2016, and
deleted text end Refresher training must be offered to each fire departmentnew text begin and local
organization for emergency management
new text end at least once every three years deleted text beginthereafterdeleted text endnew text begin after
initial training under this subdivision
new text end.

(b) The training must address deleted text beginthe general hazards of oil and hazardous substances,
techniques to assess hazards to the environment and to the safety of responders and the
public, factors an incident commander must consider in determining whether to attempt to
suppress a fire or to evacuate the public and emergency responders from an area, and other
strategies for initial response by local emergency responders. The training must include
suggested protocol or practices for local responders to safely accomplish these tasks
deleted text endnew text begin rail
car and hazardous substance content identification, responder safety issues, rail response
tactics, public evacuation considerations, environmental contamination response, coordination
of railroad response personnel and resources at an incident, and other protocols and practices
to ensure safe initial local response
new text end.

Subd. 3.

new text beginEmergency response planning; new text endcoordination.

deleted text beginBeginning June 30, 2015,deleted text endnew text begin (a)new text end
Each railroad must communicate at least annually with each deleted text begincounty or citydeleted text end emergency
manager, new text beginsecurity qualified new text endsafety representatives of railroad employees governed by the
Railway Labor Act, and a senior fire department officer of each fire department having
jurisdiction along the deleted text beginroute of a unit traindeleted text endnew text begin routes over which oil and other hazardous
substances are transported
new text end, tonew text begin:
new text end

new text begin (1)new text end ensure coordination of emergency response activities between the railroad and local
respondersnew text begin;
new text end

new text begin (2) upon request, assist emergency managers to identify and assess local rail-specific
threats, hazards, and risks; and
new text end

new text begin (3) obtain information from emergency managers regarding specific natural and technical
hazards and threats in the local area that may impact rail operations or public safety
new text end.

new text begin (b) The coordination under paragraph (a), clauses (2) and (3), must include identification
of increased risks and potential special responses due to high population concentration,
critical local infrastructure, key facilities, significant venues, or sensitive natural
environments.
new text end

new text begin (c) The commissioner of public safety must compile and make available to railroads a
listing of emergency managers and fire chiefs, which must include contact information.
new text end

Subd. 4.

Response capabilities; time limits.

(a) Following confirmation of a discharge,
a railroad must deliver and deploy sufficient equipment and trained personnel to new text begin(1) new text endcontain
and recover discharged oil or hazardous substancesnew text begin,new text end and new text begin(2) new text endto protect the environment and
new text begin assist local new text endpublic safetynew text begin officialsnew text end.

(b) new text beginWithin 15 minutes of the arrival of local emergency responders on the scene of a
rail incident involving oil or other hazardous substances, a railroad must assist the incident
commander in determining the nature of hazardous substances known to have been released
and hazardous substances transported on the train, by providing information that includes
the chemical content of the hazardous substances, contact information for the shipper, and
instructions for dealing with release of the material. A railroad may provide the information
through the train orders on board the train, facsimile, or electronic transmission.
new text end

new text begin (c) new text endWithin one hour of confirmation of a discharge, a railroad must provide a qualified
company deleted text beginemployeedeleted text endnew text begin representativenew text end to advise the incident commandernew text begin, help assess the situation,
initiate railroad response actions as needed, and provide advice and recommendations to
the incident commander regarding the response
new text end. The employee may be made available by
telephone, and must be authorized to deploy all necessary response resources of the railroad.

deleted text begin (c)deleted text endnew text begin (d)new text end Within three hours of confirmation of a discharge, a railroad must be capable of
delivering monitoring equipment and a trained operator to assist in protection of responder
and public safety. A plan to ensure delivery of monitoring equipment and an operator to a
discharge site must be provided each year to the commissioner of public safety.

deleted text begin (d)deleted text endnew text begin (e)new text end Within three hours of confirmation of a discharge, a railroad must provide new text begin(1)
new text end qualified personnel at a discharge site to assess the discharge and to advise the incident
commandernew text begin, and (2) resources to assist the incident commander with ongoing public safety
and scene stabilization
new text end.

deleted text begin (e)deleted text endnew text begin (f)new text end A railroad must be capable of deploying containment boom from land across
sewer outfalls, creeks, ditches, and other places where oil or hazardous substances may
drain, in order to contain leaked material before it reaches those resources. The arrangement
to provide containment boom and staff may be made by:

(1) training and caching equipment with local jurisdictions;

(2) training and caching equipment with a fire mutual-aid group;

(3) means of an industry cooperative or mutual-aid group;

(4) deployment of a contractor;

(5) deployment of a response organization under state contract; or

(6) other dependable means acceptable to the Pollution Control Agency.

deleted text begin (f)deleted text endnew text begin (g)new text end Each arrangement under paragraph deleted text begin(e)deleted text endnew text begin (f)new text end must be confirmed each year. Each
arrangement must be tested by drill at least once every five years.

deleted text begin (g)deleted text endnew text begin (h)new text end Within eight hours of confirmation of a discharge, a railroad must be capable of
delivering and deploying containment boom, boats, oil recovery equipment, trained staff,
and all other materials needed to provide:

(1) on-site containment and recovery of a volume of oil equal to ten percent of the
calculated worst case discharge at any location along the route; and

(2) protection of listed sensitive areas and potable water intakes within one mile of a
discharge site and within eight hours of water travel time downstream in any river or stream
that the right-of-way intersects.

deleted text begin (h)deleted text endnew text begin (i)new text end Within 60 hours of confirmation of a discharge, a railroad must be capable of
delivering and deploying additional containment boom, boats, oil recovery equipment,
trained staff, and all other materials needed to provide containment and recovery of a worst
case discharge and to protect listed sensitive areas and potable water intakes at any location
along the route.

Subd. 5.

deleted text beginRailroad drillsdeleted text endnew text begin Environmental response exercisesnew text end.

new text begin(a) new text endEach railroad must
conduct deleted text beginat least onedeleted text end oil containment, recovery, and sensitive area protection deleted text begindrilldeleted text endnew text begin exercises
as follows: (1) at least one tabletop exercise every year; and (2) at least one full-scale exercise
new text end
every three yearsdeleted text begin,deleted text endnew text begin. Each exercise must benew text end at a location deleted text beginanddeleted text endnew text begin, date, new text end timenew text begin, and in the manner new text end
chosen by the Pollution Control Agency, and attended by safety representatives of railroad
employees governed by the Railway Labor Act.

new text begin (b) To the extent feasible, the commissioner of the Pollution Control Agency must
coordinate each exercise with exercises required by federal agencies.
new text end

Subd. 6.

Prevention and response plansnew text begin; requirements, submissionnew text end.

(a) deleted text beginBy June 30,
2015,
deleted text end A railroad deleted text beginshalldeleted text endnew text begin mustnew text end submit the prevention and response plan deleted text beginrequired under section
115E.04, as necessary to comply with the requirements of this section,
deleted text end to the commissioner
of the Pollution Control Agency on a form designated by the commissioner.

(b) deleted text beginBy June 30 ofdeleted text endnew text begin Innew text end every third year following a plan submission under this subdivisionnew text begin,
or sooner as provided under section 115E.04, subdivision 2
new text end, a railroad must update and
resubmit the prevention and response plan to the commissioner.

new text begin Subd. 7. new text end

new text begin Environmental response plan data. new text end

new text begin A prevention and response plan provided
under this section is nonpublic data, as defined under section 13.02, subdivision 9.
new text end

Sec. 4.

Minnesota Statutes 2016, section 219.015, is amended to read:


219.015 STATE RAIL SAFETY deleted text beginINSPECTORdeleted text endnew text begin INSPECTION PROGRAMnew text end.

Subdivision 1.

Positions established; duties.

(a) The commissioner of transportation
deleted text begin shalldeleted text endnew text begin mustnew text end establish three state rail safety inspector positions deleted text beginin the Office of Freight and
Commercial Vehicle Operations of the Minnesota Department of Transportation. On or
after July 1, 2015
deleted text end,new text begin andnew text end the commissioner may establish deleted text begina fourthdeleted text endnew text begin up to sixnew text end state rail safety
deleted text begin inspector positiondeleted text endnew text begin inspection program positionsnew text end following consultation with railroad
companies. The commissioner shall apply to and enter into agreements with the Federal
Railroad Administration (FRA) of the United States Department of Transportation to
participate in the federal State Rail Safety Participation Program for training and certification
of an inspector under authority of United States Code, title 49, sections 20103, 20105,
20106, and 20113, and Code of Federal Regulations, title 49, part 212.

(b) A state rail safety inspector deleted text beginshalldeleted text endnew text begin maynew text end inspect mainline track, secondary track, and
yard and industry track; inspect railroad right-of-way, including adjacent or intersecting
drainage, culverts, bridges, overhead structures, and traffic and other public crossings;
inspect yards and physical plants;new text begin inspect train equipment;new text end review and enforce safety
requirements; review maintenance and repair records; and review railroad security measures.

(c) A state rail safety inspector may perform, but is not limited to, the duties described
in the federal State Rail Safety Participation Program. An inspector may train, be certified,
and participate in any of the federal State Rail Safety Participation Program disciplines,
including: track, signal and train control, motive power and equipment, operating practices
compliance, hazardous materials, and highway-rail grade crossings.

(d) To the extent delegated by the Federal Railroad Administration and authorized by
the commissioner, an inspector may issue citations for violations of this chapter, or to ensure
railroad employee and public safety and welfare.

Subd. 2.

Railroad company assessment; account; appropriation.

(a) As provided in
this subdivision, the commissioner shall annually assess railroad companies that are (1)
defined as common carriers under section 218.011; (2) classified by federal law or regulation
as Class I Railroads, Class I Rail Carriers, Class II Railroads, or Class II Carriers; and (3)
operating in this state.

(b) The assessment must be deleted text beginby a division ofdeleted text endnew text begin calculated to allocatenew text end state rail safety
deleted text begin inspectordeleted text endnew text begin inspectionnew text end program costs deleted text beginin equal proportion betweendeleted text endnew text begin proportionally amongnew text end
carriers based on route miles operated in Minnesotadeleted text begin, assessed in equal amounts for 365 days
of the calendar year
deleted text endnew text begin at the time of assessmentnew text end. The commissioner deleted text beginshall assessdeleted text endnew text begin must include
in the assessment calculation
new text end allnew text begin program or additional positionnew text end start-up deleted text beginor re-establishmentdeleted text end
costsdeleted text begin,deleted text endnew text begin;new text end all deleted text beginrelateddeleted text end costs of deleted text begininitiatingdeleted text end the state rail safety deleted text begininspectordeleted text endnew text begin inspectionnew text end program,new text begin
including but not limited to inspection, administration, supervision, travel, equipment, and
training;
new text end andnew text begin costs ofnew text end ongoing state rail inspector duties.

(c) The assessmentsnew text begin collected under this subdivisionnew text end must be deposited in a deleted text beginspecial
account in the special revenue fund, to be known as the
deleted text end state rail safety inspection accountnew text begin,
which is established in the special revenue fund
new text end.new text begin The account consists of funds as provided
by this subdivision, and any other money donated, allotted, transferred, or otherwise provided
to the account.
new text end Money in the account is appropriated to the commissioner for the
establishment and ongoing responsibilities of the state rail safety deleted text begininspectordeleted text endnew text begin inspectionnew text end
program.

Subd. 3.

Work site safety coaching program.

The commissioner may exempt a common
carrier not federally classified as Class I from violations for a period of up to two years if
the common carrier applies for participation in a work site safety coaching program, such
as the "MNSharp" program administered by the Minnesota Department of Labor and Industry,
and the commissioner determines such participation to be preferred enforcement for safety
or security violations.

Subd. 4.

Appeal.

Any person aggrieved by an assessment levied under this section may
appeal within 90 days any assessment, violation, or administrative penalty to the Office of
Administrative Hearings, with further appeal and review by the district court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

new text begin [219.925] INCIDENT EMERGENCY RESPONSE; PREPAREDNESS AND
INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Emergency manager" means the director of a local organization for emergency
management under section 12.25.
new text end

new text begin (c) "Hazardous substance" has the meaning given in Code of Federal Regulations, title
49, section 171.8.
new text end

new text begin (d) "Incident commander" means the official who has responsibility, following National
Incident Management System guidelines, for all aspects of emergency response operations
at an incident scene, including directing and controlling resources.
new text end

new text begin (e) "Oil" has the meaning given in section 115E.01, subdivision 8.
new text end

new text begin (f) "Rail carrier" means a railroad company that is:
new text end

new text begin (1) defined as a common carrier under section 218.011;
new text end

new text begin (2) classified by federal law or regulation as Class I Railroad, Class I Rail Carrier, Class
II Railroad, Class II Carrier, Class III Railroad, or Class III Carrier; and
new text end

new text begin (3) operating in this state.
new text end

new text begin Subd. 2. new text end

new text begin Traffic review. new text end

new text begin Within ten business days of receiving a written request, a rail
carrier must provide a traffic review to a requesting emergency manager or fire chief having
jurisdiction along the routes over which oil and other hazardous substances are transported.
The traffic review under this subdivision must include information on the types and volumes
of oil and other hazardous substance transported through the requester's jurisdiction during
the prior calendar year.
new text end

new text begin Subd. 3. new text end

new text begin Emergency response planning; information sharing. new text end

new text begin Upon written request,
a rail carrier must provide to an emergency manager or fire chief having jurisdiction along
the routes over which oil and other hazardous substances are transported:
new text end

new text begin (1) a complete copy of prevention and response plans submitted under section 115E.042,
subdivision 6; and
new text end

new text begin (2) a copy of the data and information, including risk assessment information, used to
develop the rail carrier's route analysis required under Code of Federal Regulations, title
49, section 172.820, or successor requirements.
new text end

new text begin Subd. 4. new text end

new text begin Emergency response planning; coordination meetings. new text end

new text begin (a) Within 30 days
of receiving a written request, a rail carrier must be available to meet with a requesting
emergency manager or fire chief having jurisdiction along the routes over which oil and
other hazardous substances are transported regarding emergency response planning and
coordination.
new text end

new text begin (b) At a meeting held under this subdivision, a rail carrier must provide:
new text end

new text begin (1) a review of the rail carrier's emergency response planning and capability, including
railroad response timelines and resources to provide (i) technical advice and
recommendations, (ii) trained response personnel, (iii) specialized equipment, and (iv) any
other available resources to support an incident commander who conducts a public safety
emergency response under the National Incident Management System; and
new text end

new text begin (2) inventory information on emergency response involving oil or other hazardous
substance, consisting of:
new text end

new text begin (i) equipment owned by the rail carrier, including equipment type and location;
new text end

new text begin (ii) response personnel of the rail carrier, including contact information and location;
and
new text end

new text begin (iii) resources available to the rail carrier through contractual agreements.
new text end

new text begin Subd. 5. new text end

new text begin Real-time emergency response information. new text end

new text begin (a) The commissioner of public
safety must, through the Minnesota Fusion Center, receive and disseminate emergency
response information as provided under section 7302 of the FAST Act of 2015, Public Law
114-94, and federal regulations adopted under that section.
new text end

new text begin (b) On and after July 1, 2018, all rail carriers subject to this section must collectively
provide emergency responders with the information regarding transportation of oil and other
hazardous substances that rail carriers provide through a wireless communications device
application in an Internet-based format.
new text end

new text begin Subd. 6. new text end

new text begin Public safety response exercises. new text end

new text begin (a) Each rail carrier must conduct one tabletop
public safety emergency response exercise in each emergency management region in which
the rail carrier transports oil and other hazardous substances. The exercises must be conducted
by July 1, 2018, and July 1 every two years thereafter.
new text end

new text begin (b) Each rail carrier must conduct one full-scale exercise every four years.
new text end

new text begin (c) In a emergency management region in which more than one rail carrier operates, the
rail carriers may conduct the exercises jointly or may alternate among rail carriers to conduct
the exercise.
new text end

new text begin (d) To the extent feasible, the rail carriers must coordinate the exercises among each
other and with exercises under section 115E.042, subdivision 5.
new text end

new text begin Subd. 7. new text end

new text begin Transportation and response planning data. new text end

new text begin Any data provided under
subdivisions 3 to 6 to an emergency manager, incident commander, emergency first
responder, fire chief, or the commissioner of public safety are nonpublic data, as defined
under section 13.02, subdivision 9.
new text end

Sec. 6.

Minnesota Statutes 2016, section 299A.55, is amended to read:


299A.55 RAILROAD AND PIPELINE deleted text beginSAFETYdeleted text endnew text begin INCIDENT PREPAREDNESSnew text end;
OIL AND OTHER HAZARDOUS deleted text beginMATERIALSdeleted text endnew text begin SUBSTANCESnew text end.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given them.

(b) "Applicable rail carrier" means a railroad company that is subject to an assessment
under section 219.015, subdivision 2.

(c) "Hazardous substance" has the meaning given in deleted text beginsection 115B.02, subdivision 8deleted text endnew text begin
Code of Federal Regulations, title 49, section 171.8
new text end.

(d) "Oil" has the meaning given in section 115E.01, subdivision 8.

(e) "Pipeline company" means any individual, partnership, association, or public or
private corporation who owns and operates pipeline facilities and is required to show specific
preparedness under section 115E.03, subdivision 2.

Subd. 2.

Railroad and pipeline deleted text beginsafetydeleted text endnew text begin incidentnew text end account.

(a) A railroad and pipeline
deleted text begin safetydeleted text endnew text begin incidentnew text end account is created in the special revenue fund. The account consists of funds
collected under subdivision 4 and funds donated, allotted, transferred, or otherwise provided
to the account.

(b) deleted text begin$104,000deleted text endnew text begin An amount necessary for environmental protection activities related to
railroad discharge preparedness under section 115E.042
new text end is annually appropriated from the
railroad and pipeline deleted text beginsafetydeleted text endnew text begin incidentnew text end account to the commissioner of the Pollution Control
Agency for deleted text beginenvironmental protection activities related to railroad discharge preparedness
under chapter 115E
deleted text endnew text begin those purposesnew text end.

(c) Following the appropriation in paragraph (b), the remaining money in the account
is annually appropriated to the commissioner of public safety for the purposes specified in
subdivision 3.

Subd. 3.

Allocation of funds.

(a) Subject to funding appropriated for this subdivision,
the commissioner shall provide funds for training and response preparedness related to (1)
derailments, discharge incidents, or spills involving trains carrying oil or other hazardous
substances, and (2) pipeline discharge incidents or spills involving oil or other hazardous
substances.

(b) The commissioner shall allocate available funds as follows:

(1) $100,000 annually for emergency response teams; and

(2) the remaining amount to the Board of Firefighter Training and Education under
section 299N.02 and the Division of Homeland Security and Emergency Management.

(c) Prior to making allocations under paragraph (b), the commissioner shall consult with
the Fire Service Advisory Committee under section 299F.012, subdivision 2.

(d) The commissioner and the entities identified in paragraph (b), clause (2), shall
prioritize uses of funds based on:

(1) firefighter training needs;

(2) community risk from discharge incidents or spills;

(3) geographic balance; deleted text beginand
deleted text end

(4)new text begin risks to the general public; and
new text end

new text begin (5)new text end recommendations of the Fire Service Advisory Committee.

(e) The following are permissible uses of funds provided under this subdivision:

(1) training costs, which may include, but are not limited to, training curriculum, trainers,
trainee overtime salary, other personnel overtime salary, and tuition;

(2) costs of gear and equipment related to hazardous materials readiness, response, and
management, which may include, but are not limited to, original purchase, maintenance,
and replacement;

(3) supplies related to the uses under clauses (1) and (2); deleted text beginand
deleted text end

(4) emergency preparedness planning and coordinationdeleted text begin.deleted text endnew text begin;
new text end

new text begin (5) public safety emergency response exercises under section 219.925, subdivision 6;
and
new text end

new text begin (6) public education and outreach, including but not limited to:
new text end

new text begin (i) informing and engaging the public regarding hazards of derailments and discharge
incidents;
new text end

new text begin (ii) assisting the development of evacuation readiness;
new text end

new text begin (iii) undertaking public information campaigns; and
new text end

new text begin (iv) providing accurate information to the media on likelihood and consequences of
derailments and discharge incidents.
new text end

(f) Notwithstanding paragraph (b), clause (2), from funds in the railroad and pipeline
deleted text begin safetydeleted text endnew text begin incidentnew text end account provided for the purposes under this subdivision, the commissioner
may retain a balance in the account for budgeting in subsequent fiscal years.

Subd. 4.

Assessments.

(a) The commissioner of public safety shall annually assess
$2,500,000 to railroad and pipeline companies based on the formula specified in paragraph
(b). The commissioner shall deposit funds collected under this subdivision in the railroad
and pipeline deleted text beginsafetydeleted text endnew text begin incidentnew text end account under subdivision 2.

(b) The assessment for each railroad is 50 percent of the total annual assessment amount,
divided in equal proportion between applicable rail carriers based on route miles operated
in Minnesota. The assessment for each pipeline company is 50 percent of the total annual
assessment amount, divided in equal proportion between companies based on the yearly
aggregate gallons of oil and hazardous substance transported by pipeline in Minnesota.

(c) The assessments under this subdivision expire July 1, 2017.

Sec. 7. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall recodify Minnesota Statutes, section 115E.042, subdivision
2, as Minnesota Statutes, section 219.925, subdivision 8, and Minnesota Statutes, section
115E.042, subdivision 3, as Minnesota Statutes, section 219.925, subdivision 4. The revisor
shall correct any cross-references made necessary by this recodification.
new text end