SF 2757

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; requiring security measures and security plans at
certain facilities that control certain hazardous substances; appropriating money;
amending Minnesota Statutes 2004, sections 13.6905, by adding a subdivision;
115E.01, subdivisions 5, 6, 7, 13, by adding subdivisions; 115E.04, subdivision
2, by adding subdivisions; 115E.05, subdivisions 1, 2; 115E.08, subdivision 3;
proposing coding for new law in Minnesota Statutes, chapter 115E.

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

Section 1.

Minnesota Statutes 2004, section 13.6905, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Facility security plans. new text end

new text begin Facility security plans are nonpublic data.
new text end

Sec. 2.

Minnesota Statutes 2004, section 115E.01, subdivision 5, is amended to read:

Subd. 5.

Facility.

"Facility" means a structure, group of structures, equipment,
or device, other than a vessel, that is used for one or more of the following purposes:
exploring for, drilling for, producing, storing, handling, transferring, processing, or
transporting oil or a hazardous substance. Facility includes a motor vehicle, rolling stock,
or pipeline used for one or more of these purposes. new text begin Facility also includes a research and
development laboratory, which means a specially designated area used primarily for
research, development, and testing activity and not primarily involved in the production of
goods for commercial sale. new text end A facility may be in, on, or under land, or in, on, or under
waters of the state as defined in section 115.01, subdivision 22.

Sec. 3.

Minnesota Statutes 2004, section 115E.01, subdivision 6, is amended to read:

Subd. 6.

Hazardous substance.

"Hazardous substance" has the meaning given in
section 115B.02, subdivision 8. new text begin In addition, hazardous substance includes the substances
listed under section 112r of the Clean Air Act, found in Code of Federal Regulations,
title 40, part 68.
new text end

Sec. 4.

Minnesota Statutes 2004, section 115E.01, subdivision 7, is amended to read:

Subd. 7.

Lead agency.

"Lead agency" means:

(1) the Department of Agriculture, with respect to agricultural chemicals; deleted text begin or
deleted text end

(2) the Pollution Control Agency, for other hazardous substances or oil new text begin ; or
new text end

new text begin (3) the Department of Public Safety, with respect to the security planning and
security measures new text end .

Sec. 5.

Minnesota Statutes 2004, section 115E.01, is amended by adding a subdivision
to read:

new text begin Subd. 11d. new text end

new text begin Security measure. new text end

new text begin "Security measure" means an action carried out to
increase the security of a facility, including employee training and background checks,
limitation and prevention of access to controls of the facility, protection of the perimeter
of the facility, installation and operation of an intrusion detection sensor, or a measure to
increase computer or computer network security.
new text end

Sec. 6.

Minnesota Statutes 2004, section 115E.01, is amended by adding a subdivision
to read:

new text begin Subd. 11e. new text end

new text begin Use of inherently safer technology. new text end

new text begin "Use of inherently safer
technology" means the use of a technology, product, raw material, or practice that, as
compared with the technologies, products, raw materials, or practices currently in use,
reduces or eliminates the possibility of a release, and reduces or eliminates the threats to the
public health or safety and environment associated with the release or threatened release.
new text end

Sec. 7.

Minnesota Statutes 2004, section 115E.01, subdivision 13, is amended to read:

Subd. 13.

Worst case discharge.

"Worst case discharge" means:

(1) in the case of a vessel, sudden loss of the entire contents of the vessel in weather
conditions that impede cleanup;

(2) for each tank of a storage tank facility, sudden loss of the entire contents of the
tank in weather conditions that impede cleanup;

(3) in the case of railroad rolling stock facilities, sudden loss of the contents of the
maximum expected number of the rail cars containing oil or hazardous substance of a train
onto land or into water in weather conditions that impede cleanup;

(4) in the case of truck and trailer rolling stock facilities, sudden loss of the entire
contents of the truck or trailer onto land or into water in weather conditions that impede
cleanup;

(5) in the case of a pipeline facility, sudden loss of the contents of the pipeline
which would be expected from complete failure of the pipeline onto land or into water in
weather conditions that impede cleanup;

(6) in the case of oil or hazardous substance transfer facilities, sudden loss of the
largest volume which could occur during transfer into or out of a facility; deleted text begin or
deleted text end

(7) new text begin in the case of a facility with more than the threshold quantity of any substance
listed in Code of Federal Regulations, title 40, part 68, under section 112r of the Clean
Air Act, on the property at any point in the year, sudden loss of the maximum expected
inventory of the substances; or
new text end

new text begin (8) new text end the worst case discharge for the facility as described by regulations under the
Oil Pollution Act of 1990 if the regulations, when adopted, describe a discharge worse
than one described in clauses (1) to deleted text begin (6) deleted text end new text begin (7) new text end .

Sec. 8.

new text begin [115E.025] DUTY TO SECURE FACILITIES.
new text end

new text begin new text end

new text begin Subdivision 1. new text end

new text begin General security. new text end

new text begin A person who owns or operates a vessel or
facility transporting, storing, or otherwise handling hazardous substances or oil, or who
is otherwise in control of hazardous substances or oil, shall take reasonable security
measures to prevent the unauthorized access of persons to the facilities or to the control
mechanisms of the facility.
new text end

new text begin Subd. 2. new text end

new text begin Specific security measures. new text end

new text begin The following persons shall comply with the
specific requirements of section 115E.04, subdivision 2:
new text end

new text begin (1) persons who own or operate facilities subject to Code of Federal Regulations,
title 40, part 68, under section 112r of the Clean Air Act, except for retail facilities at
which more than one-half of the income is obtained from direct sales of ammonia or
propane to end users; and
new text end

new text begin (2) persons who own or operate facilities containing 1,000,000 gallons or more of
oil or hazardous substance in tank storage at any time.
new text end

Sec. 9.

Minnesota Statutes 2004, section 115E.04, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Security plan. new text end

new text begin Persons required to show specific security measures
under section 115E.025, subdivision 2, shall prepare and maintain a facility security
plan. The security plan must be completed in consultation with local law enforcement
agencies. The security plan must:
new text end

new text begin (1) summarize the methods used and results of an assessment of vulnerability of
the facility to a terrorist attack or other unauthorized entry and release, the expertise
and affiliation of the evaluators, and any direct or indirect relationship between the
vulnerability evaluators and the owner or operator of the facility;
new text end

new text begin (2) provide an inventory of the hazardous substance or oil subject to the security
plan, with ranges of the quantity of each substance expected to be in the facility and
entering and leaving the facility during the course of a year;
new text end

new text begin (3) assess the use of inherently safe technology in reducing or eliminating the
vulnerability of the facility and the possibility of an unauthorized release;
new text end

new text begin (4) describe actions and procedures, including safer design and maintenance of
the facility, use of inherently safer technology, and all appropriate security measures
undertaken to eliminate or significantly lessen the vulnerability to an unauthorized entry to
the facility or an unauthorized release of oil or a hazardous substance; and
new text end

new text begin (5) the names of all insurance carriers underwriting the facility's environmental
liability and workers' compensation insurance policies and the scope of the policies,
including any limitations and exclusions.
new text end

new text begin A plan submitted to the federal government under the Oil Pollution Act of 1990 or
prepared under any other law may be used to satisfy the security plan requirement in this
subdivision, if the information required by this subdivision is included in the plan.
new text end

new text begin The security plan required by this subdivision and material specifically related to
preparation, review, or approval of the security plan are nonpublic data under chapter 13.
new text end

Sec. 10.

Minnesota Statutes 2004, section 115E.04, subdivision 2, is amended to read:

Subd. 2.

Timing.

(a) A person required to be prepared under section 115E.03, other
than a person who owns or operates a motor vehicle, rolling stock, or a facility that stores
less than 250,000 gallons of oil or a hazardous substance, shall complete the response plan
required by this section by March 1, 1993, unless one of the commissioners orders the
person to demonstrate preparedness at an earlier date under section 115E.05.

(b) A person who owns or operates a motor vehicle, rolling stock, or a facility
that stores less than 250,000 gallons of oil or a hazardous substance shall complete the
response plan required by this section by January 1, 1994.

(c) new text begin A person required to prepare a security plan shall complete it within 90 days of the
effective date of this act. The security plan must be amended following significant change
in the security measures, vulnerability, or presence of hazardous substances on the facility.
new text end

new text begin (d) new text end Plans required under section 115E.04 or 115E.045 must be updated every three
years. Plans must be updated before three years following a significant discharge, upon
significant change in vessel or facility operation or ownership, upon significant change in
the national or area contingency plans under the Oil Pollution Act of 1990, or upon change
in the capabilities or role of a person named in a plan who has an important response role.

Sec. 11.

Minnesota Statutes 2004, section 115E.04, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Review of security plans. new text end

new text begin (a) A person required to complete a security
plan under section 115E.025, subdivision 2, must submit a copy of the security plan to the
Department of Public Safety within five business days of its completion.
new text end

new text begin (b) Authorized staff of the Department of Public Safety must be granted access to
the facility for the purpose of inspecting security measures.
new text end

new text begin (c) Upon the request of authorized staff of the Department of Public Safety, a person
shall demonstrate the adequacy of the security plan and security measures by conducting
announced or unannounced drills, calling persons and organizations named in a security
plan and verifying roles and capabilities, locating and testing security measure procedures
or equipment, questioning facility personnel, or other means that in the judgment of the
commissioner or sheriff demonstrate security. Before requesting an unannounced security
drill, the commissioner of public safety or authorized person shall invite the county sheriff
to participate in or witness the drill. If an announced drill is conducted to the satisfaction
of the commissioner, the person conducting the security drill may not be required to
conduct an additional unannounced security drill in the same calendar year.
new text end

Sec. 12.

Minnesota Statutes 2004, section 115E.04, is amended by adding a subdivision
to read:

new text begin Subd. 4b. new text end

new text begin Data. new text end

new text begin Assessments and plans prepared under this section are nonpublic
data as defined in section 13.02, except that the data may be provided to law enforcement,
firefighters, members of the National Guard, or other representatives of a government
entity responding to a request for services at a facility that is the subject of the assessment
and plan.
new text end

Sec. 13.

Minnesota Statutes 2004, section 115E.05, subdivision 1, is amended to read:

Subdivision 1.

Amendment to plan.

If one or more of the commissioners finds
the prevention and response plans or preparedness measures of a person do not meet the
requirements of this chapter, new text begin or if the commissioner of public safety finds that the security
plan does not meet the requirements of this chapter, new text end the commissioner or commissioners
making the finding may by order require that reasonable amendments to the plan or
reasonable additional preventive deleted text begin or deleted text end new text begin , new text end preparedness new text begin , or security new text end measures be implemented
in a timely fashion. If more than one commissioner makes the finding, the order must
be a joint order.

Sec. 14.

Minnesota Statutes 2004, section 115E.05, subdivision 2, is amended to read:

Subd. 2.

Compliance.

If oil or a hazardous substance is discharged while it is
under the control of a person not identified in section 115E.03, subdivision 2, new text begin or in
section 115E.025, new text end any one of the commissioners new text begin with appropriate jurisdiction new text end may by
order require the person to comply with the prevention and response plan new text begin or security plan
new text end requirements of sections 115E.03 and 115E.04 in a timely manner if:

(1) land, water, or air of the state is polluted or threatened; or

(2) human life, safety, health, natural resources, or property is damaged or threatened.

Sec. 15.

Minnesota Statutes 2004, section 115E.08, subdivision 3, is amended to read:

Subd. 3.

Jurisdiction.

Except as otherwise provided, the following agencies have
primary responsibility for the specified areas in carrying out the duties and authorities
of this chapter:

(1) the Department of Agriculture, for agricultural chemicals;

(2) the Department of Public Safety, for public safety deleted text begin and deleted text end new text begin , new text end protection of property new text begin ,
and security measures new text end ;

(3) the Department of Natural Resources, for assessment and rehabilitation of water
resources;

(4) the Pollution Control Agency, for all other matters subject to this chapter; and

(5) the Department of Transportation, with respect to requirements related to the
packaging, labeling, placarding, routing, and written reporting on releases of hazardous
materials that are being transported.

Sec. 16. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2006 from the general fund to the commissioner
of public safety for purposes of this act.
new text end