SF 2796

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/28/2014 09:02am

A bill for an act
relating to transportation; public safety; providing for railroad and pipeline safety
and emergency response preparedness for oil and other hazardous materials;
specifying powers and duties; transferring money; requiring legislative report;
amending Minnesota Statutes 2012, section 115E.08, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 299A.

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

Section 1.

Minnesota Statutes 2012, section 115E.08, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Railroad and pipeline preparedness; public safety. new text end

new text begin The commissioner
of public safety shall carry out public safety protection activities related to railroad and
pipeline spill and discharge preparedness. Duties under this subdivision include, but
are not limited to:
new text end

new text begin (1) assisting local emergency managers and fire officials to understand the hazards
of oil and hazardous substances, as well as general strategies for hazard identification,
initial isolation, and other actions necessary to ensure public safety;
new text end

new text begin (2) assisting railroads and pipeline companies to develop suggested protocols and
practices for local first responder use in protecting the public's safety;
new text end

new text begin (3) facilitating cooperation between railroads, pipeline companies, county and city
emergency managers, and other public safety organizations;
new text end

new text begin (4) participating in major exercises and training sessions;
new text end

new text begin (5) assisting local units of government to incorporate railroad and pipeline hazard
and response information into local emergency operations plans;
new text end

new text begin (6) monitoring the public safety-related training and planning requirements of
section 115E.03; and
new text end

new text begin (7) referring noncompliance with section 115E.03 to the Pollution Control Agency.
new text end

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 [299A.55] RAILROAD AND PIPELINE SAFETY; OIL AND OTHER
HAZARDOUS MATERIALS.
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) "Hazardous substance" has the meaning given in section 115B.02, subdivision 8.
new text end

new text begin (c) "Oil" has the meaning given in section 115E.01, subdivision 8.
new text end

new text begin (d) "Pipeline company" means any individual, partnership, association, or public
or private corporation required to show specific preparedness under section 115E.03,
subdivision 2.
new text end

new text begin (e) "Railroad" means a common carrier, as defined under section 218.011, subdivision
10, required to show specific preparedness under section 115E.03, subdivision 2.
new text end

new text begin (f) "Unit train" means a train with more than 25 tanker railcars carrying oil or
hazardous substance cargo.
new text end

new text begin Subd. 2. new text end

new text begin Railroad and pipeline safety account. new text end

new text begin (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.
new text end

new text begin (b) Money in the account is annually appropriated to the commissioner of public
safety for the purposes specified in subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Allocation of railroad and pipeline safety funds. new text end

new text begin (a) Subject to funding
appropriated for this subdivision, the commissioner shall provide funds for training and
response preparedness related to:
new text end

new text begin (1) derailments, discharge incidents, or spills involving trains carrying oil or other
hazardous substances; and
new text end

new text begin (2) pipeline discharge incidents or spills involving oil or other hazardous substances.
new text end

new text begin (b) The commissioner shall allocate available funds to the Board of Firefighter
Training and Education under section 299N.02 and the Division of Homeland Security
and Emergency Management.
new text end

new text begin (c) Prior to making allocations under paragraph (b), the commissioner shall consult
with the Fire Service Advisory Committee under section 299F.012, subdivision 2.
new text end

new text begin (d) The commissioner and the entities identified in paragraph (b) shall prioritize
uses of funds based on:
new text end

new text begin (1) firefighter training needs;
new text end

new text begin (2) community risk from discharge incidents or spills;
new text end

new text begin (3) geographic balance; and
new text end

new text begin (4) recommendations of the Fire Service Advisory Committee.
new text end

new text begin (e) The following are permissible uses of funds provided under this subdivision:
new text end

new text begin (1) training costs, which may include, but are not limited to, training curriculum,
trainers, trainee overtime salary, other personnel overtime salary, and tuition;
new text end

new text begin (2) costs of gear and equipment related to hazardous materials, readiness, response,
and management, which may include, but is not limited to, original purchase, maintenance,
and replacement;
new text end

new text begin (3) supplies related to the uses under clauses (1) and (2); and
new text end

new text begin (4) emergency preparedness planning and coordination.
new text end

new text begin (f) Notwithstanding paragraph (b), from funds in the railroad and pipeline safety
account provided for the purposes under this subdivision, the commissioner may retain a
balance in the account for budgeting in subsequent fiscal years.
new text end

new text begin Subd. 4. new text end

new text begin Assessments; oil and hazardous substances. new text end

new text begin (a) The commissioner of
public safety shall annually assess $2,500,000 to railroad and pipeline companies based on
the formula specified in paragraph (b). The commissioner shall deposit funds collected
under this subdivision in the railroad and pipeline safety account under subdivision 2.
new text end

new text begin (b) The assessment for each railroad is 50 percent of the total annual assessment
amount, divided in equal proportion between common carriers based on route miles of unit
trains operated in Minnesota. The assessment for each pipeline company is 50 percent of
the total annual assessment amount, divided in equal proportion between companies based
on the yearly aggregate gallons of oil and hazardous substances transported in Minnesota.
The assessment must be in equal amounts for each day of the fiscal year.
new text end

new text begin (c) The assessments under this subdivision expire on July 1, 2019.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 3. new text begin LEGISLATIVE REPORT ON INCIDENT PREPAREDNESS FOR OIL
AND OTHER HAZARDOUS MATERIALS TRANSPORTATION BY RAIL AND
PIPELINE.
new text end

new text begin By January 15, 2015, the commissioner of public safety shall submit a report on
incident and emergency response preparedness for oil and other hazardous materials
transported by rail and pipeline to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation and public safety policy and
finance. At a minimum, the report must:
new text end

new text begin (1) summarize the preparedness and emergency response framework in the state;
new text end

new text begin (2) provide an assessment of costs and needs of fire departments and other
emergency first responders for training and equipment to respond to discharge or spill
incidents involving oil and other hazardous materials transported by rail and pipeline;
new text end

new text begin (3) summarize the allocation and uses of funds under Minnesota Statutes, section
299A.55; and
new text end

new text begin (4) provide recommendations for any legislative changes.
new text end

Sec. 4. new text begin TRANSFER; RAILROAD AND PIPELINE SAFETY.
new text end

new text begin On or before July 31, 2014, the commissioner of management and budget shall
transfer $2,500,000 from the general fund to the railroad and pipeline safety account in the
special revenue fund under Minnesota Statutes, section 299A.55. This is a onetime transfer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end