Minnesota Legislature
HF 3698
1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/20/2016 12:37pm
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A bill for an act
relating to transportation; governing rail transportation; amending requirements
governing rail inspections; establishing certain requirements for railroads
transporting oil, ethanol, and other hazardous substances; making technical
changes; amending Minnesota Statutes 2014, section 219.015; 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 2014, section 219.015, is amended to read:
219.015 STATE RAIL SAFETY deleted text begin INSPECTORdeleted text end new text begin INSPECTION PROGRAMnew text end .
Subdivision 1.
Positions established; duties.
(a) The commissioner of
transportation shall establish three state rail safety inspector positions deleted text begin in the Office
of Freight and Commercial Vehicle Operations of the Minnesota Department of
Transportation. On or after July 1, 2015deleted text end ,new text begin andnew text end the commissioner may establish deleted text begin a fourthdeleted text end new text begin up
to sixnew text end state rail safety inspector deleted text begin positiondeleted text end new text begin positionsnew text end following consultation with railroad
companies. The commissioner shall apply to and enter into agreements with the Federal
Railroad Administration (FRA) of the United States Department of Transportation
to participate in the federal State Rail Safety Participation Program for training and
certification of an inspector under authority of United States Code, title 49, sections 20103,
20105, 20106, and 20113, and Code of Federal Regulations, title 49, part 212.
(b) A state rail safety inspector deleted text begin shalldeleted text end new text begin maynew text end inspect mainline track, secondary
track, and yard and industry track; inspect railroad right-of-way, including adjacent or
intersecting drainage, culverts, bridges, overhead structures, and traffic and other public
crossings; inspect yards and physical plants;new text begin inspect train equipment;new text end review and enforce
safety requirements; review maintenance and repair records; and review railroad security
measures.
(c) A state rail safety inspector may perform, but is not limited to, the duties
described in the federal State Rail Safety Participation Program. An inspector may train,
be certified, and participate in any of the federal State Rail Safety Participation Program
disciplines, including: track, signal and train control, motive power and equipment,
operating practices compliance, hazardous materials, and highway-rail grade crossings.
(d) To the extent delegated by the Federal Railroad Administration and authorized
by the commissioner, an inspector may issue citations for violations of this chapter, or to
ensure railroad employee and public safety and welfare.
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
Carriers; and (3) operating in this state.
(b) The assessment must be deleted text begin by a division ofdeleted text end new text begin calculated to allocatenew text end state rail
safety deleted text begin inspectordeleted text end new text begin inspectionnew text end program costs deleted text begin in equal proportion betweendeleted text end new text begin proportionally
amongnew text end carriers based on route miles operated in Minnesotadeleted text begin , assessed in equal amounts
for 365 days of the calendar yeardeleted text end new text begin at the time of assessmentnew text end . The commissioner shall
deleted text begin assessdeleted text end new text begin include in the assessment calculationnew text end allnew text begin program or additional positionnew text end start-up
deleted text begin or re-establishmentdeleted text end costsdeleted text begin ,deleted text end new text begin ;new text end all deleted text begin relateddeleted text end costs of deleted text begin initiatingdeleted text end the state rail safety deleted text begin inspectordeleted text end new text begin
inspectionnew text end program,new text begin including but not limited to inspection, administration, supervision,
travel, equipment, and training;new text end andnew text begin costs ofnew text end ongoing state rail inspector duties.
(c) The assessmentsnew text begin collected under this subdivisionnew text end must be deposited in a deleted text begin special
account in the special revenue fund, to be known as thedeleted text end state rail safety inspection accountnew text begin ,
which is established in the special revenue fundnew text end .new text begin The account consists of funds as provided
by this subdivision, and any other money donated, allotted, transferred, or otherwise
provided to the account.new text end Money in the account is appropriated to the commissioner for
the establishment and ongoing responsibilities of the state rail safety deleted text begin inspectordeleted text end new text begin inspectionnew text end
program.
Subd. 3.
Work site safety coaching program.
The commissioner may exempt a
common carrier not federally classified as Class I from violations for a period of up to
two years if the common carrier applies for participation in a work site safety coaching
program, such as the "MNSharp" program administered by the Minnesota Department of
Labor and Industry, and the commissioner determines such participation to be preferred
enforcement for safety or security violations.
Subd. 4.
Appeal.
Any person aggrieved by an assessment levied under this section
may appeal within 90 days any assessment, violation, or administrative penalty to the
Office of Administrative Hearings, with further appeal and review by the district court.
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.
new text begin
[219.925] OIL, ETHANOL, AND OTHER HAZARDOUS SUBSTANCES;
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) For purposes of this section, the following terms
have the meanings given them.
new text end
new text begin
(b) "Emergency manager" means the director of a local organization for emergency
management under section 12.25.
new text end
new text begin
(c) "Hazardous substance" has the meaning given in Code of Federal Regulations,
title 49, section 171.8.
new text end
new text begin
(d) "Oil" has the meaning given in section 115E.01, subdivision 8.
new text end
new text begin
(e) "Rail carrier" means a railroad company that is: (1) defined as a common carrier
under section 218.011; (2) classified by federal law or regulation as a Class I Railroad,
Class I Rail Carrier, Class II Railroad, Class II Carrier, Class III Railroad, or Class III
Carrier; and (3) operating in this state.
new text end
new text begin Subd. 2. new text end
new text begin Bridge inspection reports. new text end
new text begin
A rail carrier must provide a copy of bridge
inspection reports on railroad bridges along the routes over which oil, ethanol, and other
hazardous substances are transported to:
new text end
new text begin
(1) each emergency manager, for those bridges located within the emergency
manager's jurisdiction;
new text end
new text begin
(2) each city or county engineer, for those bridges over a roadway under the
engineer's jurisdiction; and
new text end
new text begin
(3) the commissioner of transportation, for all applicable bridges.
new text end
new text begin Subd. 3. new text end
new text begin Transported substances notice. new text end
new text begin
(a) As provided in this subdivision, each
rail carrier must provide to the commissioner of transportation a transported substances
notice concerning all oil, ethanol, and other hazardous substance transportation within
or through the state. The notice requirement under this subdivision does not apply to
transportation of goods that are not oil, ethanol, or other hazardous substances.
new text end
new text begin
(b) A notice under this subdivision must include:
new text end
new text begin
(1) the specific routes over which the oil or other hazardous substance is transported;
new text end
new text begin
(2) the transportation schedule, including the time, frequency, and volume of oil or
other hazardous substance transported on a daily or other reasonable basis as authorized
by the commissioner;
new text end
new text begin
(3) the number of tanker railcars transported;
new text end
new text begin
(4) a description of the material transported;
new text end
new text begin
(5) all applicable emergency response information required under Code of Federal
Regulations, title 49, part 172, subpart G, or successor requirements; and
new text end
new text begin
(6) contact information, including name, title, telephone number, and address, of
at least one qualified company employee who is responsible for serving as a point of
contact for discharge response.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2016.
new text end