SF 1253

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to commerce; modifying the petroleum tank 
  1.3             release cleanup program in the department of commerce; 
  1.4             establishing registration requirements for consultants 
  1.5             and contractors; modifying provisions relating to 
  1.6             liability for discharges of oil and hazardous 
  1.7             substances; amending Minnesota Statutes 1994, sections 
  1.8             88.171, subdivision 2; 115C.11, subdivision 1; 
  1.9             115E.01, by adding subdivisions; 115E.04, subdivision 
  1.10            2; 115E.06; and 115E.061. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12                             ARTICLE 1
  1.13     Section 1.  Minnesota Statutes 1994, section 115C.11, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [REGISTRATION.] (a) All consultants and 
  1.16  contractors must register with the board in order to participate 
  1.17  in the petroleum tank release cleanup program.  In order to 
  1.18  register, consultants and contractors must meet and demonstrate 
  1.19  compliance with the following criteria: 
  1.20     (1) provide a signed statement to the board verifying 
  1.21  agreement to abide by this chapter and the rules adopted under 
  1.22  it and to include a signed statement with each claim that all 
  1.23  costs claimed by the consultant or contractor are a true and 
  1.24  accurate account of services performed; 
  1.25     (2) provide a signed statement that the consultant or 
  1.26  contractor shall make available for inspection and audit records 
  1.27  requested by the board for field or financial audits under the 
  1.28  scope of this chapter; 
  2.1      (3) certify knowledge of the requirements of this chapter 
  2.2   and the rules adopted under it; 
  2.3      (4) obtain and maintain professional liability coverage, 
  2.4   including pollution impairment liability; and 
  2.5      (5) agree to submit to the board a certificate or 
  2.6   certificates verifying the existence of the required insurance 
  2.7   coverage for all subcontractors who performed work included in a 
  2.8   claim along with any request for reimbursement. 
  2.9      (b) The board must maintain a list of all registered 
  2.10  consultants and a list of all registered contractors including 
  2.11  an identification of the services offered. 
  2.12     (c) An applicant who applies for reimbursement must use a 
  2.13  registered consultant and contractor in order to be eligible for 
  2.14  reimbursement. 
  2.15     (d) The commissioner must inform any person who notifies 
  2.16  the agency of a release under section 115.061 that the person 
  2.17  must use a registered consultant or contractor to qualify for 
  2.18  reimbursement and that a list of registered consultants and 
  2.19  contractors is available from the board. 
  2.20     (e) Work performed by an unregistered consultant or 
  2.21  contractor is ineligible for reimbursement.  
  2.22     (f) Work performed by a consultant or contractor prior to 
  2.23  being removed from the registration list may be reimbursed by 
  2.24  the board. 
  2.25     (g) If the information in an application for registration 
  2.26  becomes inaccurate or incomplete in any material respect, the 
  2.27  registered consultant or contractor must promptly file a 
  2.28  corrected application with the board. 
  2.29     (h) Registration is effective on the date a complete 
  2.30  application is received by the board.  The board may reimburse 
  2.31  the cost of work performed by an unregistered contractor if the 
  2.32  contractor performed the work within 30 days of the effective 
  2.33  date of registration. 
  2.34                             ARTICLE 2
  2.35     Section 1.  Minnesota Statutes 1994, section 88.171, 
  2.36  subdivision 2, is amended to read: 
  3.1      Subd. 2.  [PROHIBITED MATERIALS.] No person shall conduct, 
  3.2   cause, or permit open burning of oils, rubber, plastics, 
  3.3   chemically treated materials, or other materials which produce 
  3.4   excessive or noxious smoke including, but not limited to, tires, 
  3.5   railroad ties, chemically treated lumber, composite shingles, 
  3.6   tar paper, insulation, composition board, sheetrock, wiring, 
  3.7   paint, or paint filters.  Except as specifically authorized by 
  3.8   the commissioner of the pollution control agency as an emergency 
  3.9   response to an oil spill, no person shall conduct, cause, or 
  3.10  permit open burning of oil. 
  3.11     Sec. 2.  Minnesota Statutes 1994, section 115E.01, is 
  3.12  amended by adding a subdivision to read: 
  3.13     Subd. 3a.  [DAMAGES.] "Damages" means damages of any kind 
  3.14  for which liability may exist under the laws of this state 
  3.15  resulting from, arising out of, or related to the discharge or 
  3.16  threatened discharge of hazardous substances or oil. 
  3.17     Sec. 3.  Minnesota Statutes 1994, section 115E.01, is 
  3.18  amended by adding a subdivision to read: 
  3.19     Subd. 11a.  [RESPONSE AREA.] "Response area" means the area 
  3.20  designated by the federal on-scene coordinator, the commissioner 
  3.21  of the pollution control agency, or the commissioner of 
  3.22  agriculture in which response to a discharge is occurring. 
  3.23     Sec. 4.  Minnesota Statutes 1994, section 115E.01, is 
  3.24  amended by adding a subdivision to read: 
  3.25     Subd. 11b.  [RESPONSE COSTS.] "Response costs" means the 
  3.26  costs of response that are incurred after a discharge of oil or 
  3.27  hazardous substances has occurred, or, where there is a 
  3.28  substantial threat of discharge of oil or hazardous substances, 
  3.29  the costs to prevent, minimize, or mitigate a discharge. 
  3.30     Sec. 5.  Minnesota Statutes 1994, section 115E.01, is 
  3.31  amended by adding a subdivision to read: 
  3.32     Subd. 11c.  [RESPONSIBLE PARTY.] "Responsible party" means 
  3.33  a responsible party as defined in section 1001 of the Oil 
  3.34  Pollution Act of 1990. 
  3.35     Sec. 6.  Minnesota Statutes 1994, section 115E.04, 
  3.36  subdivision 2, is amended to read: 
  4.1      Subd. 2.  [TIMING.] (a) A person required to be prepared 
  4.2   under section 115E.03, other than a person who owns or operates 
  4.3   a motor vehicle, rolling stock, or a facility that stores less 
  4.4   than 250,000 gallons of oil or a hazardous substance, shall 
  4.5   complete the response plan required by this section by March 1, 
  4.6   1993, unless one of the commissioners orders the person to 
  4.7   demonstrate preparedness at an earlier date under section 
  4.8   115E.05.  Plans must be updated every three years.  Plans must 
  4.9   be updated before three years following a significant discharge, 
  4.10  upon significant change in vessel or facility operation or 
  4.11  ownership, upon significant change in the national or area 
  4.12  contingency plans under the Oil Pollution Act of 1990, or upon 
  4.13  change in the capabilities or role of a person named in a plan 
  4.14  who has an important response role.  
  4.15     (b) A person who owns or operates a motor vehicle, rolling 
  4.16  stock, or a facility that stores less than 250,000 gallons of 
  4.17  oil or a hazardous substance shall complete the response plan 
  4.18  required by this section by January 1, 1994. 
  4.19     (c) Plans required under section 115E.04 or 115E.045 must 
  4.20  be updated every three years.  Plans must be updated before 
  4.21  three years following a significant discharge, upon significant 
  4.22  change in vessel or facility operation or ownership, upon 
  4.23  significant change in the national or area contingency plans 
  4.24  under the Oil Pollution Act of 1990, or upon change in the 
  4.25  capabilities or role of a person named in a plan who has an 
  4.26  important response role. 
  4.27     Sec. 7.  Minnesota Statutes 1994, section 115E.06, is 
  4.28  amended to read: 
  4.29     115E.06 [GOOD SAMARITAN.] 
  4.30     (a) A person listed in this paragraph who is rendering 
  4.31  assistance in response to a discharge of a hazardous substance 
  4.32  or oil is not liable for response costs that result from actions 
  4.33  taken or failed to be taken in the course of the assistance 
  4.34  unless the person is grossly negligent or engages in willful 
  4.35  misconduct: 
  4.36     (1) a member of a cooperative or community awareness and 
  5.1   emergency response group in compliance with standards in rules 
  5.2   adopted by the pollution control agency; 
  5.3      (2) an employee or official of the political subdivision 
  5.4   where the response takes place, or a political subdivision that 
  5.5   has a mutual aid agreement with that subdivision; 
  5.6      (3) a member or political subdivision sponsor of a 
  5.7   hazardous materials incident response team or special chemical 
  5.8   assessment team designated by the commissioner of the department 
  5.9   of public safety; 
  5.10     (4) a person carrying out the directions of:  (i) the 
  5.11  commissioner of the pollution control agency, the commissioner 
  5.12  of agriculture, the commissioner of natural resources, or the 
  5.13  commissioner of public safety; or (ii) the United States Coast 
  5.14  Guard or Environmental Protection Agency on-scene coordinator 
  5.15  consistent with a national contingency plan under the Oil 
  5.16  Pollution Act of 1990; and 
  5.17     (5) a for-hire response contractor. 
  5.18     (b) This section does not exempt from liability responsible 
  5.19  persons with respect to the discharge under chapter 115B or 115C 
  5.20  or responsible parties with respect to the discharge under 
  5.21  chapter 18B or 18D. 
  5.22     Sec. 8.  Minnesota Statutes 1994, section 115E.061, is 
  5.23  amended to read: 
  5.24     115E.061 [RESPONDER IMMUNITY; OIL DISCHARGES.] 
  5.25     (a) Notwithstanding any other law, a person identified in 
  5.26  section 115E.06, paragraph (a), who is rendering care, 
  5.27  assistance, or advice in response to a discharge or threat of 
  5.28  discharge of oil is not liable for response costs or damages 
  5.29  that result from actions taken or failed to be taken in the 
  5.30  course of rendering the care, assistance, or advice in 
  5.31  accordance consistent with the national contingency plan under 
  5.32  the Oil Pollution Act of 1990, or as otherwise directed by the 
  5.33  federal on-scene coordinator, the commissioner of the pollution 
  5.34  control agency, the commissioner of agriculture, the 
  5.35  commissioner of natural resources, or the commissioner of public 
  5.36  safety. 
  6.1      (b) Paragraph (a) does not apply: 
  6.2      (1) to a responsible person under chapter 115B or 115C 
  6.3   party; 
  6.4      (2) with respect to personal injury or wrongful death; or 
  6.5      (3) if the person rendering assistance is grossly negligent 
  6.6   or engages in willful misconduct; or 
  6.7      (4) to a discharge that occurs outside the response area or 
  6.8   after the response. 
  6.9      (c) Nothing in this section relieves a responsible party 
  6.10  from liability the responsible party otherwise has for the 
  6.11  initial discharge or threat of discharge that necessitated the 
  6.12  response. 
  6.13     (d) Nothing in this section relieves a responsible party 
  6.14  from the following duties: 
  6.15     (1) to take steps to prevent discharges under section 
  6.16  115E.02; 
  6.17     (2) to be prepared for discharges under section 115E.03, 
  6.18  subdivision 1; or 
  6.19     (3) duties under section 115.061. 
  6.20     (e) A responsible party is liable for any response costs 
  6.21  and damages that another person is relieved of under paragraph 
  6.22  (a).