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Minnesota Legislature

Office of the Revisor of Statutes

SF 1100

as introduced - 89th Legislature (2015 - 2016) Posted on 02/24/2015 10:33am

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

Current Version - as introduced

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5.1

A bill for an act
relating to transportation; environmental protection; amending requirements
governing preparedness and response for transportation of oil and hazardous
material by pipeline; establishing certain requirements for pipeline companies;
amending agency powers and duties; amending appropriations; amending
Minnesota Statutes 2014, sections 115E.042; 115E.08, subdivision 3a; 299A.55,
subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 115E.042, is amended to read:


115E.042 PREPAREDNESS AND RESPONSE FOR CERTAIN RAILROADSnew text begin
AND PIPELINES
new text end.

Subdivision 1.

Application.

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.new text begin 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

Subd. 2.

Training.

(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.

(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 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.

Subd. 3.

Coordination.

deleted text beginBeginning June 30, 2015,deleted text end Each railroadnew text begin and pipeline
company
new text end must communicate at least annually with each county or city emergency manager,
safety representatives of railroad employees governed by the Railway Labor Actnew text begin with
respect to a railroad company
new text end, and a senior fire department officer of each fire department
having jurisdiction along the route of a unit train, to ensure coordination of emergency
response activities between the railroadnew text begin or pipeline companynew text end and local responders.

Subd. 4.

Response capabilities; time limits.

(a) Following confirmation of a
discharge, a railroadnew text begin or pipeline companynew text end 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.

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

(c) Within three hours of confirmation of a discharge, a railroadnew text begin or pipeline
company
new text end 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.

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

(e) A railroadnew text begin or pipeline companynew text end must be capable of deploying 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 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.

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

(g) Within eight hours of confirmation of a discharge, a railroadnew text begin or pipeline companynew text end
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.

(h) Within 60 hours of confirmation of a discharge, a railroadnew text begin or pipeline companynew text end
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.

Subd. 5.

deleted text beginRailroaddeleted text end Drills.

Each railroadnew text begin or pipeline companynew text end must conduct at
least one oil containment, recovery, and sensitive area protection drill every three years,
at a location and time chosen by the Pollution Control Agency, andnew text begin with respect to a
railroad company
new text end attended by safety representatives of railroad employees governed by
the Railway Labor Act.

Subd. 6.

Prevention and response plans.

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

(b)new text begin A railroad must submit a plan by June 30, 2015, and a pipeline company must
submit a plan by June 30, 2016.
new text end

new text begin (c)new text end By June 30 of every third year following a plan submission under this
subdivision, a railroadnew text begin or pipeline companynew text end must update and resubmit the prevention and
response plan deleted text beginto the commissionerdeleted text endnew text begin in conformance with paragraph (a)new text end.

new text begin EFFECTIVE DATE. new text end

new text begin The amendments to subdivisions 1 and 6 are effective the day
following final enactment. The amendment to subdivision 3 is effective July 1, 2015, and
applies for a pipeline company beginning June 30, 2016. The amendments to subdivisions
4 and 5 are effective July 1, 2016.
new text end

Sec. 2.

Minnesota Statutes 2014, section 115E.08, subdivision 3a, is amended to read:


Subd. 3a.

Railroadnew text begin and pipelinenew text end preparedness; pollution control.

The Pollution
Control Agency shall carry out environmental protection activities related to railroadnew text begin
and pipeline
new text end discharge preparedness. Duties under this subdivision include, but are not
limited to:

(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;

(2) assisting railroadsnew text begin and pipeline companiesnew text end 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;

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

(4) participating in drills and training sessions;

(5) reviewing each railroad'snew text begin and each pipeline company'snew text end prevention and response
plan for compliance with the requirements of this chapter, and assessing deleted text begineach railroad'sdeleted text end
readinessnew text begin of each railroad and pipeline companynew text end to protect the environment;

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

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

(8) soliciting involvement and advice concerning preparedness activities and
requirements from safety representatives of railroad employees governed by the Railway
Labor Act.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 3.

Minnesota Statutes 2014, section 299A.55, subdivision 2, is amended to read:


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$104,000deleted text endnew text begin $208,000new 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 railroadnew text begin and pipelinenew text end discharge preparedness under chapter 115E.

(c) Following the appropriation in paragraph (b), the remaining money in the
account is annually appropriated to the commissioner of public safety for the purposes
specified in subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end