HF 1975

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; enacting Local Community Rail Security Act of 2007;
providing for protection of railroad property from terrorism, criminal activities,
and accidents; providing civil penalties and remedies; appropriating money;
amending Minnesota Statutes 2006, section 218.011, by adding subdivisions;
proposing coding for new law in Minnesota Statutes, chapter 218.

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

Section 1.

Minnesota Statutes 2006, section 218.011, is amended by adding a
subdivision to read:

new text begin Subd. 11a. new text end

new text begin Critical infrastructure. new text end

new text begin "Critical infrastructure" has the meaning given
it in section 609.6055, subdivision 1.
new text end

Sec. 2.

Minnesota Statutes 2006, section 218.011, is amended by adding a subdivision
to read:

new text begin Subd. 11b. new text end

new text begin First responder. new text end

new text begin "First responder" has the meaning given "emergency
response personnel" in section 299F.092, subdivision 4.
new text end

Sec. 3.

new text begin [218.76] FINDINGS AND PURPOSE.
new text end

new text begin Subdivision 1. new text end

new text begin Legislative findings. new text end

new text begin The legislature finds:
new text end

new text begin (a) The safety and security of community facilities will be enhanced if common
carriers in the state provide first responders with adequate information about facilities
and safety plans.
new text end

new text begin (b) The threat of sabotage, terrorism, other crimes, and accidents to rail facilities
that transport hazardous materials is real and has been documented by studies at all levels
of government.
new text end

new text begin (c) Our state's first responders lack adequate knowledge of the facilities of common
carriers in the state and if emergency plans for those facilities exist, first responders lack
sufficient on-site familiarity to react quickly and effectively to an emergency.
new text end

new text begin (d) Studies have demonstrated that the employees of common carriers in the
state, and others who work on the facilities of common carriers lack sufficient training
to prevent acts of sabotage, terrorism, or other criminal acts, are required to engage in
practices that heighten the risk of those acts, and lack the equipment to respond to those
acts if they should occur.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin It is the purpose of sections 218.76 to 218.783 to:
new text end

new text begin (1) protect those who use community facilities from acts of sabotage, terrorism, and
other criminal acts affecting railroads in the state;
new text end

new text begin (2) provide first responders with information about the railroad facilities of common
carriers in the state, and the procedures of common carriers in the event of sabotage,
terrorism, other criminal acts, or accidents affecting the railroad facilities;
new text end

new text begin (3) ensure that common carrier employees have the proper training, communications
equipment, and procedures to prevent acts of sabotage, terrorism, other criminal acts, or
accidents and to respond in the event of those acts or accidents; and
new text end

new text begin (4) require that common carriers in the state have in place plans to respond to acts of
sabotage, terrorism, other criminal acts, or accidents, that common carriers communicate
the plans to first responders, and that common carriers observe practices that will minimize
the risk to community facilities.
new text end

Sec. 4.

new text begin [218.762] RISK ASSESSMENT.
new text end

new text begin (a) Not later than 180 days after the effective date of this section, every common
carrier in the state shall provide to the highest ranking homeland security officer in
Minnesota and to the commissioner of transportation a risk assessment of all railroads
in the state. This information is confidential and is to be used for planning purposes
only. Such information may not be disseminated to the public. The commissioner of
transportation shall designate one officer in each county to serve as a railroad emergency
event coordinator. The commissioner may share with each county railroad emergency
event coordinator such information as the commissioner deems necessary for that
individual to assist in making the risk assessment. The railroad emergency event
coordinator shall hold such necessary information confidential and use it for planning
purposes only.
new text end

new text begin (b) The risk assessment must describe:
new text end

new text begin (1) all railroad facilities and their functions;
new text end

new text begin (2) any hazardous cargo that moves through those railroad facilities, including
approximate amounts of the cargo;
new text end

new text begin (3) any storage of hazardous cargo in railroad facilities;
new text end

new text begin (4) the distance from railroad facilities that transport or store hazardous cargo to
community facilities, such as schools, hospitals, nursing homes, and other sensitive
community facilities;
new text end

new text begin (5) a description of the practices of the common carrier that prevent acts of sabotage,
terrorism, other criminal acts, and accidents on railroads;
new text end

new text begin (6) all training programs that each common carrier requires for its employees;
new text end

new text begin (7) the emergency response procedures of the common carrier to deal with acts of
sabotage, terrorism, other criminal acts, and accidents; and
new text end

new text begin (8) the procedures of the common carrier to communicate with local and state law
enforcement personnel, emergency personnel, transportation officials, and other first
responders in the event of acts of sabotage, terrorism, other criminal acts, or accidents.
new text end

Sec. 5.

new text begin [218.765] INFRASTRUCTURE PROTECTION FROM SABOTAGE
OR TERRORISM.
new text end

new text begin Subdivision 1. new text end

new text begin Program creation. new text end

new text begin Not later than 360 days after the effective date
of this section, all common carriers must have in place a program to protect railroad
infrastructure in the state from acts of sabotage, terrorism, other criminal acts, or accidents,
to be known as an infrastructure protection program.
new text end

new text begin Subd. 2. new text end

new text begin Security of critical infrastructure. new text end

new text begin The infrastructure protection
program must provide specifically for the security of critical infrastructure. For critical
infrastructure, the common carrier shall:
new text end

new text begin (1) provide notice to state and local law enforcement personnel, emergency
personnel, transportation officials, and other first responders of the location, size, function,
and importance of the critical infrastructure;
new text end

new text begin (2) provide and describe methods of ensuring the protection of critical infrastructure
from acts of sabotage, terrorism, other criminal acts, or accidents, which must include at a
minimum 24-hour surveillance, monitoring, and protection of such railroad facilities; and
new text end

new text begin (3) provide training to personnel of the common carrier to ensure its personnel are
trained and equipped to respond to acts of sabotage, terrorism, other criminal acts, or
accidents.
new text end

new text begin Subd. 3. new text end

new text begin Regular inspection. new text end

new text begin The infrastructure protection program must include
inspection on a regular basis of all railroad facilities, including rights-of-way, yards, and
other facilities, that handle hazardous cargo that moves within 15 miles of community
facilities such as schools, hospitals, nursing homes, and other sensitive community
facilities, by personnel certified by the commissioner of transportation as trained and
qualified to determine the condition of the railroad facilities and the vulnerability of the
railroad facilities to acts of sabotage, terrorism, other criminal acts, or accidents.
new text end

new text begin Subd. 4. new text end

new text begin Compliance; penalty. new text end

new text begin (a) Each common carrier in the state shall provide
to the highest ranking homeland security officer in Minnesota and to the commissioner of
transportation a copy of its infrastructure protection program.
new text end

new text begin (b) The commissioner of transportation shall review the infrastructure protection
program and may order a common carrier to improve, modify, or change its program to
comply with the requirements of sections 218.76 to 218.783. The common carrier is
subject to a fine of $50,000 per day for failure to comply with sections 218.76 to 218.783,
or the orders of the commissioner. The commissioner may waive all or any portion of the
fine if the common carrier brings its plan into compliance with the commissioner's order
within 30 days of the issuance of the order. The commissioner may extend this 30-day
period if the common carrier has shown a good faith effort to timely comply with the
commissioner's order or if unforeseen circumstances beyond the common carrier's control
prevent timely compliance with the commissioner's order.
new text end

new text begin Subd. 5. new text end

new text begin Annual program update. new text end

new text begin The infrastructure protection program must
be updated by the common carrier at least once every year, and the updated plan must
be submitted to local and state law enforcement personnel, emergency personnel,
transportation officials, and other first responders.
new text end

Sec. 6.

new text begin [218.768] COMMUNITY FACILITIES PROTECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements for protecting community facilities. new text end

new text begin Common
carriers in the state shall observe the following requirements for all railroad facilities that
handle cargo that passes within 15 miles of a community facility:
new text end

new text begin (1) secure all railroad facilities that handle or store hazardous materials by providing
adequate security personnel;
new text end

new text begin (2) store hazardous materials only in secure railroad facilities designed for that
storage, which do not include rights-of-way;
new text end

new text begin (3) never leave any locomotive equipment unlocked;
new text end

new text begin (4) have sufficient personnel qualified to operate trains available to assist, replace, or
relieve train operators who need assistance;
new text end

new text begin (5) ensure that the cabs of occupied locomotives are secured against outsiders;
new text end

new text begin (6) limit the use of remote control locomotives in yards to equipment not involving
hazardous materials;
new text end

new text begin (7) secure remote control devices to prevent access to these devices by unauthorized
personnel; and
new text end

new text begin (8) ensure that all employees connected with railroad facilities that transport
hazardous materials within 15 miles of a community facility receive training related to
security and shipment of hazardous materials at least once every 12 months.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin The commissioner of transportation may fine any common carrier
or any other person governed by this section up to $50,000 per day for failure to comply
with this section. The commissioner may waive all or any portion of this fine if the
common carrier brings its plan into compliance with the commissioner's order within 30
days of the issuance of the order. The commissioner may extend this 30-day period if the
common carrier has shown a good faith effort to timely comply with the commissioner's
order or if unforeseen circumstances beyond the common carrier's control prevent timely
compliance with the commissioner's order.
new text end

Sec. 7.

new text begin [218.771] COMMUNICATIONS.
new text end

new text begin (a) Each common carrier in the state shall provide communications capability to:
new text end

new text begin (1) alert local and state law enforcement personnel, emergency personnel,
transportation officials, and other first responders in the event of sabotage, terrorism, other
criminal acts, or accidents; and
new text end

new text begin (2) provide bridge tenders on movable bridges the ability to alert local and state law
enforcement personnel, emergency personnel, transportation officials, and other first
responders in the event of sabotage, terrorism, other criminal acts, or accidents.
new text end

new text begin (b) Railroad radio communication does not satisfy the requirements of this section.
The communication method must allow access to local emergency personnel and first
responders.
new text end

Sec. 8.

new text begin [218.774] COVERAGE.
new text end

new text begin Sections 218.76 to 218.783 apply to common carriers, any contractors or
subcontractors working on the railroad facilities of the common carriers, and any other
individual or corporation performing work on railroad facilities in the state. All employees
of railroad contractors or subcontractors, and any other individual or corporation
performing work on railroad facilities in the state, must receive training adequate to
make them as well trained as employees of a common carrier, and must be required to
undergo the same background, skills, and fitness for duty checks as employees of the
common carrier.
new text end

Sec. 9.

new text begin [218.777] PROHIBITION ON PUNITIVE ACTION.
new text end

new text begin (a) No common carrier or any other person covered by sections 218.76 to 218.783
may take punitive action of any kind against an employee who reports a violation of
sections 218.76 to 218.783. For having made a report under this chapter, the employee
making the report may not:
new text end

new text begin (1) be dismissed;
new text end

new text begin (2) have salary increases or related employment benefits withheld;
new text end

new text begin (3) be transferred or reassigned;
new text end

new text begin (4) be denied a promotion the employee otherwise would have received; or
new text end

new text begin (5) be demoted,
new text end

new text begin by a common carrier or a contractor or a subcontractor of a common carrier.
new text end

new text begin (b) The commissioner of transportation shall investigate complaints of violation of
this section. If a violation is found, the commissioner shall direct the offending common
carrier or contractor or subcontractor of a common carrier to make the employee whole for
any damage the employee may have suffered.
new text end

new text begin (c) In addition, an employee subject to punitive action may also seek civil damages
in a court of competent jurisdiction from any employer who takes punitive action, in
addition to other remedies such as back pay, reinstatement, and other damages.
new text end

Sec. 10.

new text begin [218.78] APPLICATION.
new text end

new text begin The provisions of sections 218.76 to 218.783 apply to common carriers, any
contractors or subcontractors working on the railroad facilities of common carriers, and
any other individual or corporation performing work on railroad facilities in the state.
new text end

Sec. 11.

new text begin [218.783] RULEMAKING.
new text end

new text begin The commissioner of transportation shall adopt rules to implement and administer
sections 218.76 to 218.78.
new text end

Sec. 12. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2008 is appropriated from the general fund to the commissioner
of transportation for the purposes of sections 1 to 11.
new text end

Sec. 13. new text begin SHORT TITLE.
new text end

new text begin Sections 218.76 to 218.783 may be cited as the "Local Community Rail Security
Act of 2007."
new text end