HF 3190

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/17/2023 11:39pm

A bill for an act
relating to transportation; rail safety; providing for emergency incident preparedness
for rail transport of oil and other hazardous substances; establishing railroad training
requirements; expanding training requirements to emergency managers and incident
response teams; requiring incident reports; amending data provisions; modifying
assessment of railroads; transferring money; appropriating money; amending
Minnesota Statutes 2022, sections 13.6905, by adding a subdivision; 115E.042,
subdivisions 2, 3, 4, 5, 6; 219.015, subdivision 2; 219.1651; 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 2022, section 13.6905, is amended by adding a subdivision
to read:

new text begin Subd. 37. new text end

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

new text begin (a) Certain data
on oil and other hazardous substances transported by railroads are governed by section
219.055, subdivision 8.
new text end

new text begin (b) Certain data on oil and other hazardous substances transportation incident reviews
are governed by section 299A.55, subdivision 5.
new text end

Sec. 2.

Minnesota Statutes 2022, section 115E.042, subdivision 2, is amended to read:

Subd. 2.

Training.

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

(b) The training must address deleted text begin 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 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 end new text begin methods
to identify rail cars and hazardous substance contents, responder safety issues, rail response
tactics, public notification and evacuation considerations, environmental contamination
response, railroad response personnel and resources coordination at an incident, and other
protocols and practices for safe initial local response as required under subdivision 4,
including the notification requirements and the responsibilities of an incident commander
during a rail incident involving oil or other hazardous substances, as provided in subdivisions
3 and 4 new text end .

Sec. 3.

Minnesota Statutes 2022, section 115E.042, subdivision 3, is amended to read:

Subd. 3.

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

deleted text begin Beginning June 30, 2015, deleted text end new text begin (a) new text end
Each railroad must communicate at least annually with each deleted text begin county or city deleted text end new text begin applicable new text end
emergency manager, safety representatives of railroad employees governed by the Railway
Labor Act, and deleted text begin a senior deleted text end new text begin each applicable new text end fire department officer deleted text begin of each fire department
having jurisdiction deleted text end along the deleted text begin route of a unit train deleted text end new text begin routes over which oil or other hazardous
substances are transported new text end , new text begin in order new text end to new text begin :
new text end

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

new text begin (2) assist emergency managers in identifying and assessing local rail-specific threats,
hazards, and risks; and
new text end

new text begin (3) assist railroads in obtaining information from emergency managers regarding specific
local 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, sensitive natural environments,
and other factors identified by railroads, emergency managers, and fire departments.
new text end

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

Sec. 4.

Minnesota Statutes 2022, section 115E.042, subdivision 4, is amended to read:

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 end contain
and recover discharged oil or new text begin other new text end hazardous substances deleted text begin and to deleted text end new text begin , (2) new text end protect the environment new text begin , new text end
and new text begin (3) assist local new text end public safety new text begin officials new text end . new text begin Within 15 minutes of a rail incident involving oil
or other hazardous substances being discharged or released, a railroad must contact the
applicable emergency manager and applicable fire chief having jurisdiction along the route
where the incident occurred. After learning of the rail incident involving oil or other
hazardous substances, the applicable emergency manager and applicable fire chief must,
as soon as practicable, identify and provide contact information of the responsible incident
commander to the reporting railroad.
new text end

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

new text begin (c) new text end Within one hour of confirmation of a discharge, a railroad must provide a qualified
company deleted text begin employee deleted text end new text begin representative new text end to advise the incident commander new text begin , assist in assessing the
situation, initiate railroad response actions as needed, and provide advice and
recommendations to the incident commander regarding the response new text end . The deleted text begin employee deleted text end new text begin
representative new text end 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 end new 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 end new 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
commander new 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 end new 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 new text begin other new text end 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 end new text begin (g) new text end Each arrangement under paragraph deleted text begin (e) deleted text end new 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 end new 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 end new 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.

Sec. 5.

Minnesota Statutes 2022, section 115E.042, subdivision 5, is amended to read:

Subd. 5.

Railroad drills.

new text begin (a) new text end Each railroad must conduct deleted text begin at least one deleted text end oil containment,
recovery, and sensitive area protection deleted text begin drill deleted text end new text begin exercises involving oil or other hazardous
substances as follows: (1) at least one tabletop exercise every year; and (2) at least one
full-scale exercise new text end every three years deleted text begin , deleted text end new text begin . Each exercise must be new text end at a location new text begin , date, new text end and time new 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

Sec. 6.

Minnesota Statutes 2022, section 115E.042, subdivision 6, is amended to read:

Subd. 6.

Prevention and response plans new text begin ; requirements; submission new text end .

(a) deleted text begin By June 30,
2015, deleted text end A railroad shall submit the prevention and response plan deleted text begin required 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 begin By June 30 of deleted text end Every third year following a plan submission under this subdivision,
new 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.

Sec. 7.

Minnesota Statutes 2022, section 219.015, subdivision 2, is amended to read:

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 new text begin Rail new text end Carriers; and
(3) operating in this state.

(b) The assessment must be calculated to allocate state rail safety inspection program
costs proportionally among carriers based on route miles operated in Minnesota at the time
of assessment. The commissioner must include in the assessment calculation all state rail
safety inspection program costs to support up to deleted text begin four deleted text end new text begin six new text end rail safety inspector positions,
including but not limited to salary, administration, supervision, travel, equipment, training,
and ongoing state rail inspector duties.

(c) The assessments collected under this subdivision must be deposited in a state rail
safety inspection account, which is established in the special revenue fund. The account
consists of funds provided by this subdivision and any other money donated, allotted,
transferred, or otherwise provided to the account. Money in the account is appropriated to
the commissioner to administer the state rail safety inspection program.

Sec. 8.

new text begin [219.055] 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) The definitions in section 115E.01 apply to this section
except as otherwise provided in this subdivision. For purposes of this section, the following
terms have the meanings given.
new text end

new text begin (b) "Applicable emergency manager" means an emergency manager having jurisdiction
along the routes over which oil or other hazardous substance cargo is transported by a rail
carrier.
new text end

new text begin (c) "Applicable fire department officer" means a fire chief or other senior officer of a
fire department having jurisdiction along the routes over which oil or other hazardous
substance cargo is transported by a rail carrier.
new text end

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

new text begin (e) "Hazardous substance" means any material identified in the definition of hazardous
substance under section 115B.02, subdivision 8, or Code of Federal Regulations, title 49,
section 171.8.
new text end

new text begin (f) "Incident commander" means the official who has responsibility under 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 (g) "Rail carrier" means a railroad company that is:
new text end

new text begin (1) defined as a common carrier under section 218.011, subdivision 10;
new text end

new text begin (2) classified by federal law or regulation as a Class I Railroad, Class I Rail Carrier,
Class II Railroad, Class II Rail Carrier, Class III Railroad, or Class III Rail 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 the commissioner of public safety, a requesting
emergency manager, or a fire chief having jurisdiction along the routes over which oil or
other hazardous substances are transported. The traffic review under this subdivision must
include information on the types and volumes of oil or other hazardous substances 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 the commissioner of public safety, an emergency manager, or
a fire chief having jurisdiction along the routes over which oil or 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 as 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 the commissioner
of public safety, a requesting emergency manager, or a fire chief having jurisdiction along
the routes over which oil or other hazardous substances are transported concerning 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:
new text end

new text begin (i) technical advice and recommendations;
new text end

new text begin (ii) trained response personnel;
new text end

new text begin (iii) specialized equipment; and
new text end

new text begin (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 responses involving oil or other hazardous
substances, 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) the rail carrier's response personnel, 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, 2024, all rail carriers subject to this section and section 115E.042
must collectively provide information on the transportation of oil or other hazardous
substances in a digital format through a wireless communication device application.
new text end

new text begin Subd. 6. new text end

new text begin Public safety emergency 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 where the rail carrier transports oil or other hazardous substances. The tabletop
exercise must be conducted by July 1, 2025, and July 1 every two years thereafter.
new text end

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

new text begin (c) In an emergency management region where more than one rail carrier operates, the
rail carriers may conduct the tabletop and full-scale exercises jointly or may alternate among
rail carriers to conduct the exercises.
new text end

new text begin (d) The rail carriers must conduct the tabletop and full-scale exercises in full coordination
with the commissioner of public safety, any interested emergency managers, and fire chiefs
having jurisdiction within the applicable emergency management region along the routes
over which oil or other hazardous substances are transported.
new text end

new text begin (e) To the extent feasible, the rail carriers must coordinate the tabletop and full-scale
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 Incident commander response site exercises. new text end

new text begin (a) Each rail carrier must conduct
one tabletop incident commander emergency exercise in each emergency management
region where the rail carrier transports oil or other hazardous substances. The tabletop
exercise must be conducted under the time limits provided in section 115E.042, subdivision
4, and coordinate the railroad's response actions and recommendations to the incident
commander regarding the response as provided in section 115E.042, subdivision 3.
new text end

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

new text begin (c) In an emergency management region where more than one rail carrier operates, the
rail carriers may conduct the incident commander response site tabletop and full-scale
exercises jointly or may alternate among rail carriers to conduct the exercises.
new text end

new text begin (d) The rail carriers must conduct the incident commander response site tabletop and
full-scale exercises with the commissioner of public safety, any interested emergency
managers, any interested incident commanders, and fire chiefs having jurisdiction within
the applicable emergency management region along the routes over which oil or other
hazardous substances are transported.
new text end

new text begin (e) A rail carrier must provide by telephone a qualified company representative with
knowledge of the rail carrier's response resources during the exercises.
new text end

new text begin Subd. 8. new text end

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

new text begin (a) Any data provided under
subdivisions 2 to 7 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

new text begin (b) Any prevention and response plan data created under section 115E.042, subdivision
6, that is in the possession of an emergency manager, incident commander, emergency first
responder, or fire chief are nonpublic data, as defined in section 13.02, subdivision 9. This
paragraph does not apply to data in the possession of the commissioner of the Pollution
Control Agency.
new text end

Sec. 9.

Minnesota Statutes 2022, section 219.1651, is amended to read:

219.1651 GRADE CROSSING SAFETY ACCOUNT.

A Minnesota grade crossing safety account is created in the special revenue fund,
consisting of money credited to the account by law. Money in the account is appropriated
to the commissioner of transportation for rail-highway grade crossing safety projects on
public streets and highways, including engineering costs new text begin and other costs associated with
administration and delivery of grade crossing safety projects new text end . At the discretion of the
commissioner of transportation, money in the account at the end of each biennium may
cancel to the trunk highway fund.

Sec. 10.

Minnesota Statutes 2022, section 299A.55, is amended to read:

299A.55 RAILROAD AND PIPELINE SAFETY; OIL AND OTHER HAZARDOUS
deleted text begin MATERIALS deleted text end new text begin SUBSTANCES new 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) new text begin "Emergency manager" has the meaning given in section 219.055, subdivision 1.
new text end

new text begin (d) new text end "Hazardous substance" deleted text begin has the meaning given in section 115B.02, subdivision 8 deleted text end new text begin
means any material identified in the definition of hazardous substance under section 115B.02,
subdivision 8, or Code of Federal Regulations, title 49, section 171.8 new text end .

deleted text begin (d) deleted text end new text begin (e) "Incident compelling a significant response" means an event involving rail carrier
or pipeline company operations and a derailment, collision, discharge, or other similar
activity resulting in applicable response actions performed by firefighters, peace officers,
incident commanders, emergency managers, or emergency first responders. For purposes
of this paragraph, "applicable response actions" consist of one or more of the following: a
request for mutual aid or special response resources, establishment of an exclusion zone,
an order for evacuation or shelter in place, or emergency notification to the general public.
new text end

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

deleted text begin (e) deleted text end new text begin (g) new text end "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 safety account.

(a) A railroad and pipeline safety
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 $104,000 deleted text end new text begin $140,000 new text end is annually appropriated from the railroad and pipeline safety
account to the commissioner of the Pollution Control Agency for environmental protection
activities related to railroad discharge preparedness under chapter 115E.

(c) deleted text begin $600,000 in fiscal year 2018 and $600,000 in fiscal year 2019 are appropriated deleted text end new text begin
$750,000 in fiscal year 2024 and $1,500,000 in each subsequent fiscal year are transferred new text end
from the railroad and pipeline safety account to the deleted text begin commissioner of transportation for
improving safety at railroad grade crossings deleted text end new text begin grade crossing safety account under section
219.1651 new text end .

(d) Following the appropriation in deleted text begin paragraphs deleted text end new text begin paragraph new text end (b) and new text begin the transfer in paragraph
new text end (c), 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) deleted text begin firefighter deleted text end training needs new text begin for firefighters, emergency managers, incident commanders,
and emergency first responders new text end ;

(2) community risk from discharge incidents or spills;

(3) geographic balance;

(4) risks to the general public; and

(5) 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 begin and
deleted text end

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

new text begin (5) emergency response team costs;
new text end

new text begin (6) public safety emergency response exercises under section 219.055, subdivision 6;
new text end

new text begin (7) incident commander and response site response exercises under section 219.055,
subdivision 7;
new text end

new text begin (8) postincident review and analysis under subdivision 5, based on costs incurred to state
agencies and local units of government; and
new text end

new text begin (9) 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
safety 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
deleted text begin $2,500,000 deleted text end new text begin $4,000,000 new text end 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 safety account under subdivision 2.

(b) The assessment for each railroad is deleted text begin 50 deleted text end new text begin 70 new text end 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 deleted text begin 50 deleted text end new text begin 30 new text end percent of the
total annual assessment amount, divided in equal proportion between companies based on
the yearly aggregate gallons of oil and new text begin other new text end hazardous deleted text begin substance deleted text end new text begin substances new text end transported
by pipeline in Minnesota.

(c) deleted text begin The assessments under this subdivision expire July 1, 2017 deleted text end new text begin In addition to the amount
identified in paragraph (a), the commissioner must assess the rail carrier or pipeline company
involved in an incident compelling a significant response for all postincident review and
analysis costs under subdivision 5 incurred by the state and local units of government. This
paragraph applies regardless of whether an assessment is imposed under paragraph (a) in a
fiscal year new text end .

new text begin Subd. 5. new text end

new text begin Postincident review and analysis; legislative report; data. new text end

new text begin (a) After an
incident compelling a significant response, or upon request of a fire chief or emergency
manager after an incident, the commissioner must ensure a postincident review and analysis
is performed in a timely manner. The review and analysis must be undertaken under an
agreement with an entity having relevant knowledge and experience that is fully independent
of the state, any local units of government involved in the incident, rail carriers, and pipeline
companies.
new text end

new text begin (b) The review and analysis process must include an after action review and must
evaluate, at a minimum, processes occurring during the incident for emergency assessment,
hazard operations, population protection, and incident management. The review and analysis
must be designed to minimize duplication of topics and issues addressed in any federal
review of the incident.
new text end

new text begin (c) By March 1 following any calendar year in which one or more postincident reviews
and analyses are performed, the commissioner must submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over transportation and
public safety policy and finance. The report must:
new text end

new text begin (1) provide a summary of the incidents;
new text end

new text begin (2) identify findings, lessons learned, and process changes; and
new text end

new text begin (3) make recommendations for legislative changes, if any.
new text end

new text begin (d) Except for the report under paragraph (c), any data under this subdivision are
nonpublic data, as defined under section 13.02, subdivision 9.
new text end

Sec. 11. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall recodify Minnesota Statutes, section 115E.042, subdivision
2, as Minnesota Statutes, section 219.055, subdivision 2a, and Minnesota Statutes, section
115E.042, subdivision 3, as Minnesota Statutes, section 219.055, subdivision 3a. The revisor
shall correct any cross-references made necessary by this recodification.
new text end

Sec. 12. new text begin EFFECTIVE DATE.
new text end

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