3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the environment; providing for the 1.3 indemnification of municipalities participating in 1.4 household hazardous waste programs; amending Minnesota 1.5 Statutes 2000, section 115A.96, subdivision 1, by 1.6 adding a subdivision. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 2000, section 115A.96, 1.9 subdivision 1, is amended to read: 1.10 Subdivision 1. [DEFINITIONS.] The following definitions 1.11 apply to this section: 1.12 (a) "Household" means a single detached dwelling unit or a 1.13 single unit of a multiple dwelling unit and appurtenant 1.14 structures. 1.15 (b) "Household hazardous waste" means waste generated from 1.16 household activity that exhibits the characteristics of or that 1.17 is listed as hazardous waste under agency rules, but does not 1.18 include waste from commercial activities that is generated, 1.19 stored, or present in a household. 1.20 (c) "Collection site" means a permanent or temporary 1.21 designated location with scheduled hours for collection where 1.22 individuals may bring household hazardous wastes. 1.23 (d) "Municipality" has the meaning given it in section 1.24 466.01, subdivision 1. 1.25 Sec. 2. Minnesota Statutes 2000, section 115A.96, is 1.26 amended by adding a subdivision to read: 2.1 Subd. 7. [INDEMNIFICATION; MUNICIPALITIES.] (a) A 2.2 municipality, when operating or participating in a household 2.3 hazardous waste management program pursuant to a contract with 2.4 the agency under this section or other law, is an employee of 2.5 the state, certified to be acting within the scope of 2.6 employment, for purposes of the indemnification provisions of 2.7 section 3.736, subdivision 9, for claims that arise out of the 2.8 transportation, management, or disposal of any waste covered by 2.9 the contract: 2.10 (1) from and after the time the waste permanently leaves 2.11 the municipality's possession and comes into the possession of 2.12 the agency's authorized transporter; and 2.13 (2) during the time the waste is transported between the 2.14 municipality's facilities by the agency's authorized transporter. 2.15 (b) The state is not obligated to defend or indemnify a 2.16 municipality under this subdivision to the extent of the 2.17 municipality's liability insurance. The municipality's right to 2.18 indemnity is not a waiver of the limitations, defenses, and 2.19 immunities available to either the municipality or the state by 2.20 law. 2.21 Sec. 3. [EFFECTIVE DATE.] 2.22 Sections 1 and 2 are effective the day following final 2.23 enactment.