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Minnesota Legislature

Office of the Revisor of Statutes

HF 3134

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2014 03:20pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; public safety; providing for railroad and pipeline safety
and emergency response preparedness for oil and other hazardous materials;
specifying powers and duties; establishing a grant program; appropriating
money; requiring legislative report; amending Minnesota Statutes 2012, sections
115E.08, by adding a subdivision; 299F.012; proposing coding for new law
in Minnesota Statutes, chapter 299F.

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

Section 1.

Minnesota Statutes 2012, section 115E.08, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Railroad and pipeline preparedness; public safety. new text end

new text begin The commissioner
of public safety shall carry out public safety protection activities related to railroad and
pipeline spill and discharge preparedness. Duties under this subdivision include, but
are not limited to:
new text end

new text begin (1) assisting local emergency managers and fire officials to understand the hazards
of oil and hazardous substances, as well as general strategies for hazard identification,
initial isolation, and other actions necessary to ensure public safety;
new text end

new text begin (2) assisting railroads and pipeline companies to develop suggested protocols and
practices for local first responder use in protecting the public's safety;
new text end

new text begin (3) facilitating cooperation between railroads, pipeline companies, county and city
emergency managers, and other public safety organizations;
new text end

new text begin (4) participating in major exercises and training sessions;
new text end

new text begin (5) assisting local units of government to incorporate railroad and pipeline hazard
and response information into local emergency operations plans;
new text end

new text begin (6) monitoring the public safety-related training and planning requirements of
section 115E.03; and
new text end

new text begin (7) referring noncompliance with section 115E.03 to the Pollution Control Agency.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2012, section 299F.012, is amended to read:


299F.012 FIRE SAFETY ACCOUNTnew text begin; OIL AND OTHER HAZARDOUS
MATERIALS
new text end.

Subdivision 1.

Authorized programs within department.

From the revenues
appropriated from the fire safety account, established under section 297I.06, subdivision
3, the commissioner of public safety may expend funds for the activities and programs
identified by the advisory committee established under subdivision 2 and recommended to
the commissioner of public safety. the commissioner shall not expend funds without the
recommendation of the advisory committee established under subdivision 2. These funds
are to be used to provide resources needed for identified activities and programs of the
Minnesota fire service and to ensure the State Fire Marshal Division responsibilities are
fulfilled.

Subd. 2.

Fire Service Advisory Committee.

new text begin(a) new text endThe Fire Service Advisory
Committee shall provide recommendations to the commissioner of public safety on
fire service-related issues and shall consist of representatives of each of the following
organizations: two appointed by the president of the Minnesota State Fire Chiefs
Association, two appointed by the president of the Minnesota State Fire Department
Association, two appointed by the president of the Minnesota Professional Fire Fighters,
two appointed by the president of the League of Minnesota Cities, one appointed by the
president of the Minnesota Association of Townships, one appointed by the president
of the Insurance Federation of Minnesota, one appointed jointly by the presidents of
the Minnesota Chapter of the International Association of Arson Investigators and the
Fire Marshals Association of Minnesota, and the commissioner of public safety or the
commissioner's designee. The commissioner of public safety must ensure that at least
three of the members of the advisory committee work and reside in counties outside of the
seven-county metropolitan area.

new text begin (b)new text end The committee shall provide funding recommendations to the commissioner of
public safety from the fire safety fund for the following purposes:

(1) for the Minnesota Board of Firefighter Training and Education;

(2) for programs and staffing for the State Fire Marshal Division; deleted text beginand
deleted text end

(3) for fire-related regional response team programs and any other fire service
programs that have the potential for statewide impactnew text begin; and
new text end

new text begin (4) for hazardous incident preparedness grants under subdivision 2anew text end.

new text begin Subd. 2a. new text end

new text begin Oil and other hazardous materials; hazardous incident preparedness
grant program.
new text end

new text begin (a) The commissioner shall establish a hazardous incident response
preparedness grant program for (1) derailments, discharges, or spills involving trains
carrying oil or other hazardous substances, and (2) pipeline discharge or spills incidents.
In consultation with the advisory committee under subdivision 2, the commissioner shall
establish eligibility requirements, a grant application process, application evaluation
criteria, grant award procedures, funding use requirements, and reporting requirements.
new text end

new text begin (b) Fire departments and agencies that employ emergency first responders are
eligible to apply for grants under this section.
new text end

new text begin (c) The commissioner shall award grants following the recommendations of the
advisory committee under subdivision 2.
new text end

new text begin (d) Permissible uses of funds provided under the program are:
new text end

new text begin (1) training costs, which may include but is not limited to training curriculum,
trainers, trainee overtime salary, other personnel overtime salary, and tuition;
new text end

new text begin (2) costs of equipment related to hazardous materials readiness, response, and
management, which may include but is not limited to original purchase, maintenance,
and replacement of equipment;
new text end

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

new text begin (4) emergency preparedness planning and coordination.
new text end

new text begin (e) The commissioner shall make reasonable efforts to (1) establish a streamlined
application process, (2) publicize each solicitation for applications among all eligible
recipients, and (3) provide technical and informational assistance in submitting
applications.
new text end

Subd. 3.

Report; accounting; carryover.

The commissioner of public safety shall,
by December 1 of each year, (1) provide an accounting of how the funds in the fire safety
account were spent in the preceding fiscal year and (2) report any funds not spent in a fiscal
year to the chairs of the committees of the house of representatives and the senate having
jurisdiction over public safety finance. Money in the account does not cancel but remains
available for expenditures for the programs identified in deleted text beginsubdivisions 1 and 2deleted text endnew text begin this sectionnew text end.

Subd. 4.

Legislative intent; fire safety account.

The legislature intends that all
money in the fire safety account be appropriated to the commissioner of public safety to
fund the state fire marshal's office and activities and programs under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 3.

new text begin [299F.175] RAILROAD AND PIPELINE SAFETY; OIL AND OTHER
HAZARDOUS MATERIALS.
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.
new text end

new text begin (b) "Pipeline company" means any individual, partnership, association, or public
or private corporation required to show specific preparedness under section 115E.03,
subdivision 2.
new text end

new text begin (c) "Railroad" means a common carrier, as defined under section 218.011, subdivision
10, required to show specific preparedness under section 115E.03, subdivision 2.
new text end

new text begin (d) "Unit train" means a train with more than 25 tanker railcars carrying oil, as
defined in section 115E.01, subdivision 8, or hazardous substance, as defined in section
115B.02, subdivision 8.
new text end

new text begin Subd. 2. new text end

new text begin Assessments. new text end

new text begin (a) The commissioner of public safety shall assess each
railroad and pipeline company. The assessment must be in equal amounts for each day of
the fiscal year. The commissioner shall deposit funds collected under this subdivision in
the fire safety account under section 297I.06, subdivision 3.
new text end

new text begin (b) The total annual assessment amount is $2,500,000.
new text end

new text begin (c) The assessment for each railroad is 50 percent of the total annual assessment
amount, divided in equal proportion between common 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 or hazardous materials transported in Minnesota.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 1 is effective the day following final enactment.
Subdivision 2 is effective July 1, 2014.
new text end

Sec. 4. new text beginLEGISLATIVE REPORT ON INCIDENT PREPAREDNESS FOR OIL
AND OTHER HAZARDOUS MATERIALS TRANSPORTATION BY RAIL AND
PIPELINE.
new text end

new text begin By January 15, 2015, the commissioner of public safety shall submit a report on
incident and emergency response preparedness for oil and other hazardous materials
transported by rail and pipeline to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation and public safety policy and
finance. At a minimum, the report must:
new text end

new text begin (1) summarize the preparedness and emergency response framework in the state;
new text end

new text begin (2) provide an assessment of costs and needs of fire departments and other
emergency first responders for training and equipment to respond to discharge or spill
incidents involving oil and other hazardous materials transported by rail and pipeline; and
new text end

new text begin (3) provide recommendations for any legislative changes.
new text end

Sec. 5. new text beginAPPROPRIATIONS; HAZARDOUS INCIDENT PREPAREDNESS
PROGRAM.
new text end

new text begin (a) $2,500,000 is appropriated in fiscal year 2015 from the general fund to the
commissioner of public safety for the hazardous incident preparedness grant program under
Minnesota Statutes, section 299F.012, subdivision 2a. This is a onetime appropriation.
new text end

new text begin (b) The amount in the fire safety account under Minnesota Statutes, section 297I.06,
subdivision 3, collected under Minnesota Statutes, section 299F.175, subdivision 2, for
fiscal year 2015 is appropriated in fiscal year 2015 from that account to the commissioner
of public safety for the hazardous incident preparedness grant program under Minnesota
Statutes, section 299F.012, subdivision 2a. This is a onetime appropriation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end