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Minnesota Legislature

Office of the Revisor of Statutes

HF 3135

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/24/2014 03:23pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; public safety; environment; providing for railroad
and pipeline hazardous materials safety and emergency response preparedness;
establishing requirements related to preparedness; amending Minnesota
Statutes 2012, sections 115E.01, by adding subdivisions; 115E.08, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 115E.

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

Section 1.

Minnesota Statutes 2012, section 115E.01, is amended by adding a
subdivision to read:


new text begin Subd. 7a. new text end

new text begin Listed sensitive area. new text end

new text begin "Listed sensitive area" means an area or location
listed as an area of special economic or environmental importance in an Area Contingency
Plan or a Sub-Area Contingency Plan prepared under the federal Clean Water Act, United
States Code, title 33, section 1321(j)(4).
new text end

Sec. 2.

Minnesota Statutes 2012, section 115E.01, is amended by adding a subdivision
to read:


new text begin Subd. 7b. new text end

new text begin Local incident commander. new text end

new text begin "Local incident commander" means the
most senior official at the site of a discharge who has the responsibility for controlling
operations at the site, beginning with the senior officer on the first piece of responding
emergency equipment to arrive at the discharge site. As more senior officers arrive at the
discharge site, the position of local incident commander is passed up the line of authority.
new text end

Sec. 3.

Minnesota Statutes 2012, section 115E.01, is amended by adding a subdivision
to read:


new text begin Subd. 11d. new text end

new text begin Unit train. new text end

new text begin "Unit train" means a train with more than 25 tanker railcars
carrying oil or hazardous substance cargo.
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. 4.

new text begin [115E.042] PREPAREDNESS AND RESPONSE FOR CERTAIN
RAILROADS AND PIPELINES.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin 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. A person who owns or operates pipeline facilities and is required
to show specific preparedness under section 115E.03, subdivision 2, must comply with
this section as applicable and with the provisions of chapters 299F and 299J.
new text end

new text begin Subd. 2. new text end

new text begin Training. new text end

new text begin (a) Each railroad must offer training to each fire department
having jurisdiction along the route of unit trains. Initial training under this subdivision
must be offered to each fire department by June 30, 2016, and refresher training must be
offered to each fire department at least once every three years thereafter.
new text end

new text begin (b) The training must address the general hazards of oil and hazardous substances,
techniques to assess hazards to the environment and to the safety of responders and the
public, factors a local 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.
new text end

new text begin Subd. 3. new text end

new text begin Coordination. new text end

new text begin Beginning June 30, 2015, each railroad and pipeline
company must communicate at least annually with each county or city emergency
manager and a senior fire department officer of each fire department having jurisdiction
along the route of a unit train or a pipeline to ensure coordination of emergency response
activities between the railroad or pipeline company and local responders.
new text end

new text begin Subd. 4. new text end

new text begin Response capabilities, time limits, drills. new text end

new text begin (a) Following a discharge, a
railroad or pipeline company must deliver and deploy sufficient equipment and trained
personnel to contain and recover discharged oil or hazardous substances and to protect the
environment and public safety.
new text end

new text begin (b) Within one hour of a discharge, a railroad or pipeline company must provide a
qualified company employee to advise the local incident commander. The employee may
be made available by telephone, and must be authorized to deploy all necessary response
resources of the railroad or pipeline company.
new text end

new text begin (c) Within three hours of a discharge, a railroad or pipeline company must be
capable of delivering monitoring equipment and a trained operator to a local incident
commander 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.
new text end

new text begin (d) Within three hours of a discharge, a railroad or pipeline company must provide
qualified personnel at a discharge site to assess the discharge and to advise the local
incident commander.
new text end

new text begin (e) A railroad or pipeline company must be capable of deploying a 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 the containment boom and staff may be made by:
new text end

new text begin (1) training and caching equipment with local jurisdictions;
new text end

new text begin (2) training and caching equipment with a fire mutual-aid group;
new text end

new text begin (3) means of an industry cooperative or mutual-aid group;
new text end

new text begin (4) deployment of a contractor;
new text end

new text begin (5) deployment of a response organization under state contract; or
new text end

new text begin (6) other dependable means acceptable to the Pollution Control Agency.
new text end

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

new text begin (g) Within eight hours of a discharge, a railroad or pipeline company must be
capable of delivering and deploying oil spill containment booms, boats, oil recovery
equipment, trained staff, and all other materials needed to provide:
new text end

new text begin (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
new text end

new text begin (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.
new text end

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

new text begin (i) Each railroad and pipeline must conduct at least one full-scale oil containment,
recovery, and sensitive area protection drill every three years, at a location and time
chosen by the Pollution Control Agency.
new text end

new text begin Subd. 5. new text end

new text begin Prevention and response plans; approval. new text end

new text begin (a) By June 30, 2015, a
railroad or pipeline company shall submit the prevention and response plan required under
section 115E.04 as necessary to comply with the requirements of this section, and submit
the plan to the commissioner of the Pollution Control Agency on a form designated by
the commissioner.
new text end

new text begin (b) By June 30 of every third year following a plan submission under this
subdivision, a railroad and pipeline company must update and resubmit the prevention and
response plan for approval by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1 to 3 and 5 are effective the day following final
enactment. Subdivision 4 is effective July 1, 2015.
new text end

Sec. 5.

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; pollution control. new text end

new text begin The Pollution
Control Agency shall carry out environmental protection activities related to railroad
and pipeline 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 in understanding the
hazards of oil and hazardous substances, as well as general strategies for containment and
environmental protection;
new text end

new text begin (2) assisting railroads and pipeline companies to identify natural resources and
sensitive areas, and to devise strategies to contain and recover oil and hazardous
substances from land and waters along routes;
new text end

new text begin (3) facilitating cooperation between railroad and pipeline companies for mutual aid
arrangements that provide training, staff, and equipment as required by this chapter;
new text end

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

new text begin (5) reviewing each railroad and pipeline company's prevention and response plans
for compliance with the requirements of this chapter, and assessing each company's
readiness to protect the environment;
new text end

new text begin (6) conducting inspections and drills as necessary to determine the railroad or
pipeline company's compliance with the requirements of this chapter and ability to protect
the environment; and
new text end

new text begin (7) conducting follow-up corrective action directives, orders, and enforcement as
necessary based on a finding of inadequate environmental protection preparedness.
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