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SF 1043

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; enacting Local Community Rail Security Act of 2007;
providing for protection of railroad property from terrorism and other criminal
activities; providing civil penalties and remedies; amending Minnesota Statutes
2006, section 218.011, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 218.

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

Section 1.

Minnesota Statutes 2006, section 218.011, is amended by adding a
subdivision to read:


new text begin Subd. 11a. new text end

new text begin First responder. new text end

new text begin "First responder" has the meaning given "emergency
response personnel" in section 299F.092, subdivision 4.
new text end

Sec. 2.

new text begin [218.76] FINDINGS AND PURPOSE.
new text end

new text begin Subdivision 1. new text end

new text begin Legislative findings. new text end

new text begin The legislature finds:
new text end

new text begin (a) The safety and security of community facilities will be enhanced if common
carriers in the state provide first responders with adequate information about facilities
and safety plans.
new text end

new text begin (b) The threat of sabotage, terrorism, and other crimes to rail facilities that transport
hazardous materials is real and has been documented by countless studies at all levels
of government.
new text end

new text begin (c) Our state's first responders lack adequate knowledge of the facilities of common
carriers in the state and emergency plans for those facilities, if plans exist, that would
allow our first responders to react quickly and effectively to an emergency.
new text end

new text begin (d) Studies at all levels of government have demonstrated that the employees of
common carriers in the state, and others who work on the facilities of common carriers,
are untrained to prevent acts of sabotage, terrorism, or other criminal acts, are required
to engage in practices that heighten the risk of those acts, and lack the equipment to
respond to those acts if they should occur.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin It is the purpose of sections 218.76 to 218.78 to:
new text end

new text begin (1) protect those who use community facilities from acts of sabotage, terrorism, or
other criminal acts directed at railroads in the state;
new text end

new text begin (2) provide first responders with information about the railroad facilities of common
carriers in the state, and the procedures of common carriers in the event of sabotage,
terrorism, or other criminal acts directed at the railroad facilities;
new text end

new text begin (3) ensure that common carrier employees have the proper training, communications
equipment, and procedures to prevent acts of sabotage, terrorism, or other criminal acts,
and to respond in the event of those acts;
new text end

new text begin (4) require that common carriers in the state have in place plans to respond to acts
of sabotage, terrorism, or other criminal acts, that common carriers communicate the
plans to first responders, and that common carriers observe practices that will minimize
the risk to community facilities.
new text end

Sec. 3.

new text begin [218.762] RISK ASSESSMENT.
new text end

new text begin Not later than 180 days after the effective date of this section, every common
carrier in the state shall provide to local and state law enforcement personnel, emergency
personnel, transportation officials, and other first responders a risk assessment of all
railroads in the state. The risk assessment must describe:
new text end

new text begin (1) all railroad facilities and their functions;
new text end

new text begin (2) the types of cargo that move through those railroad facilities;
new text end

new text begin (3) any hazardous cargo that moves through those railroad facilities, including
approximate amounts of the cargo;
new text end

new text begin (4) any storage of hazardous cargo in railroad facilities;
new text end

new text begin (5) the distance from railroad facilities that transport or store hazardous cargo to
community facilities, such as schools, hospitals, nursing homes, and other sensitive
community facilities;
new text end

new text begin (6) a description of the practices of the common carrier that prevent acts of sabotage,
terrorism, and other criminal acts on railroads;
new text end

new text begin (7) all training programs that each common carrier requires for its employees;
new text end

new text begin (8) the emergency response procedures of the common carrier to deal with acts of
sabotage, terrorism, and other criminal acts;
new text end

new text begin (9) the procedures of the common carrier to communicate with local and state law
enforcement personnel, emergency personnel, transportation officials, and other first
responders in the event of acts of sabotage, terrorism, or other criminal acts.
new text end

Sec. 4.

new text begin [218.765] INFRASTRUCTURE PROTECTION FROM SABOTAGE
OR TERRORISM.
new text end

new text begin Subdivision 1. new text end

new text begin Program creation. new text end

new text begin Not later than 360 days after the effective date
of this section, all common carriers must have in place a program to protect railroad
infrastructure in the state from acts of sabotage, terrorism, or other criminal acts, to be
known as an infrastructure protection program.
new text end

new text begin Subd. 2. new text end

new text begin Security of critical infrastructure. new text end

new text begin The infrastructure protection program
must provide specifically for the security of critical infrastructure. Critical infrastructure
includes all points of vulnerability of the railroad system that handle hazardous cargo,
such as bridges, tunnels, and signal systems. For critical infrastructure, the common
carrier shall:
new text end

new text begin (1) provide notice to state and local law enforcement personnel, emergency
personnel, transportation officials, and other first responders of the location, size, function,
and importance of the critical infrastructure;
new text end

new text begin (2) provide and describe methods of ensuring the protection of critical infrastructure
from acts of sabotage, terrorism, or other criminal acts, which must include at a minimum
24-hour surveillance, monitoring, and protection of such railroad facilities;
new text end

new text begin (3) provide training to personnel of the common carrier to ensure that the personnel
are trained and equipped to prevent acts of sabotage, terrorism, or other criminal acts,
and to respond in the event of those acts.
new text end

new text begin Subd. 3. new text end

new text begin Regular inspection. new text end

new text begin The infrastructure protection program must include
inspection on a regular basis of all railroad facilities, including rights-of-way, yards, and
other facilities, that handle hazardous cargo that moves within 15 miles of community
facilities such as schools, hospitals, nursing homes, and other sensitive community
facilities, by personnel trained to determine the condition of the railroad facilities and the
vulnerability of the railroad facilities to acts of sabotage, terrorism, or other criminal acts.
new text end

new text begin Subd. 4. new text end

new text begin Compliance; penalty. new text end

new text begin (a) Each common carrier in the state shall provide
to local and state law enforcement personnel, emergency personnel, transportation
officials, and other first responders a copy of its infrastructure protection program.
new text end

new text begin (b) The commissioner of transportation shall review the infrastructure protection
program and may order a common carrier to improve, modify, or change its program to
comply with the requirements of sections 218.76 to 218.78. The common carrier is subject
to a fine of $50,000 per day for failure to comply with sections 218.76 to 218.78, or
the orders of the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Annual program update. new text end

new text begin The infrastructure protection program must
be updated by the common carrier at least once every year, and the updated plan must
be submitted to local and state law enforcement personnel, emergency personnel,
transportation officials, and other first responders.
new text end

Sec. 5.

new text begin [218.768] COMMUNITY FACILITIES PROTECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements for protecting community facilities. new text end

new text begin Common
carriers in the state shall observe the following requirements for all railroad facilities that
handle cargo that passes within 15 miles of a community facility:
new text end

new text begin (1) secure all railroad facilities that handle or store hazardous materials by providing
adequate security personnel;
new text end

new text begin (2) store hazardous materials only in secure railroad facilities designed for that
storage, which do not include rights-of-way;
new text end

new text begin (3) never leave locomotive equipment running while unattended, or leave any
locomotive equipment unlocked;
new text end

new text begin (4) have adequate personnel qualified to operate trains available to assist, replace, or
relieve train operators who need assistance;
new text end

new text begin (5) ensure that the cabs of occupied locomotives are secured against outsiders who
threaten an act of hijacking, sabotage, or terrorism;
new text end

new text begin (6) limit the use of remote control locomotives in yards to equipment not involving
hazardous materials;
new text end

new text begin (7) secure remote control devices to prevent access to these devices by unauthorized
personnel, including those intent on sabotage, terrorism, or other criminal acts;
new text end

new text begin (8) ensure that all employees connected with railroad facilities that transport
hazardous materials within 15 miles of a community facility receive training related to
security, shipment of hazardous materials, and terrorism prevention at least once every
12 months.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin The commissioner of transportation may fine any common
carrier or any other person governed by this section up to $50,000 per day for failure to
comply with this section.
new text end

Sec. 6.

new text begin [218.771] COMMUNICATIONS.
new text end

new text begin (a) Each common carrier in the state shall provide communications capability to:
new text end

new text begin (1) alert local and state law enforcement personnel, emergency personnel,
transportation officials, and other first responders in the event of sabotage, terrorism, or
other criminal acts;
new text end

new text begin (2) provide bridge tenders on movable bridges the ability to alert local and state law
enforcement personnel, emergency personnel, transportation officials, and other first
responders in the event of sabotage, terrorism, or other criminal acts; and
new text end

new text begin (3) notify common carrier employees of the local or national threat level for the rail
industry.
new text end

new text begin (b) Railroad radio communication does not satisfy the requirements of this section.
new text end

Sec. 7.

new text begin [218.774] COVERAGE.
new text end

new text begin Sections 218.76 to 218.78 apply to common carriers, any contractors or
subcontractors working on the railroad facilities of the common carriers, and any other
individual or corporation performing work on railroad facilities in the state. All employees
of railroad contractors or subcontractors, and any other individual or corporation
performing work on railroad facilities in the state, must receive training adequate to
make them as well trained as employees of a common carrier, and must be required to
undergo the same background, skills, and fitness for duty checks as employees of the
common carrier.
new text end

Sec. 8.

new text begin [218.777] PROHIBITION ON PUNITIVE ACTION.
new text end

new text begin No common carrier or any other person covered by sections 218.76 to 218.78 may
take punitive action of any kind against an employee who reports a violation of sections
218.76 to 218.78. An employee subject to punitive action may seek damages in the
amount of $1,000,000 from any employer who takes punitive action, in addition to other
remedies such as back pay, reinstatement, and other damages.
new text end

Sec. 9.

new text begin [218.78] APPLICATION.
new text end

new text begin The provisions of sections 218.76 to 218.78 apply to common carriers, any
contractors or subcontractors working on the railroad facilities of common carriers, and
any other individual or corporation performing work on railroad facilities in the state.
new text end

Sec. 10. new text begin SHORT TITLE.
new text end

new text begin Sections 218.76 to 218.78 may be cited as the "Local Community Rail Security
Act of 2007."
new text end