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SF 3527

as introduced - 90th Legislature (2017 - 2018) Posted on 03/20/2018 08:59am

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

Current Version - as introduced

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A bill for an act
relating to transportation; providing for railroad oil and hazardous materials
emergency preparedness; amending Minnesota Statutes 2016, sections 13.6905,
by adding a subdivision; 13.7411, by adding a subdivision; 115E.042, subdivisions
2, 3, 4, 5, 6, by adding a subdivision; 219.015, subdivisions 1, 2; 299A.55, as
amended; proposing coding for new law in Minnesota Statutes, chapter 219.

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

ARTICLE 1

LIFE SAFETY PREPAREDNESS AND RESPONSE

Section 1.

Minnesota Statutes 2016, section 13.6905, is amended by adding a subdivision
to read:


new text begin Subd. 34. new text end

new text begin Oil and other hazardous substances transportation data. new text end

new text begin (a) Certain data
on oil and other hazardous substances transported by railroads are governed by section
219.925, subdivision 7.
new text end

new text begin (b) Certain data on oil and other hazardous substances transportation incident review
are governed by section 299A.55, subdivision 5.
new text end

Sec. 2.

Minnesota Statutes 2016, section 115E.042, subdivision 2, is amended to read:


Subd. 2.

Training.

(a) Each railroad must offer training to each fire departmentnew text begin and
each local organization for emergency management under section 12.25
new text end having jurisdiction
along the deleted text beginroute of unit trains. Initial training under this subdivision must be offered to each
fire department by June 30, 2016, and
deleted text endnew text begin routes over which oil or other hazardous substances
are transported.
new text end Refresher training must be offered to each fire departmentnew text begin and local
organization for emergency management
new text end at least once every three years deleted text beginthereafterdeleted text endnew text begin after
initial training under this subdivision
new text end.

deleted text begin (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.
deleted text end

new text begin (b) The training must address methods to identify rail cars and hazardous substance
contents, responder safety issues, rail response tactics, public evacuation considerations,
environmental contamination response, railroad response personnel and resources
coordination at an incident, and other protocols and practices for safe initial local response.
new text end

Sec. 3.

Minnesota Statutes 2016, section 115E.042, subdivision 3, is amended to read:


Subd. 3.

new text beginEmergency response planning; new text endcoordination.

deleted text beginBeginning June 30, 2015,deleted text endnew text begin (a)new text end
Each railroad must communicate at least annually with each deleted text begincounty or citydeleted text endnew text begin relevantnew text end
emergency managerdeleted text begin, safety representatives of railroad employees governed by the Railway
Labor Act,
deleted text end and deleted text begina seniordeleted text endnew text begin each relevantnew text end fire department officer deleted text beginof each fire department having
jurisdiction along the route of a unit train,
deleted text endnew text begin. Communication under this subdivision isnew text end tonew text begin:
new text end

new text begin (1)new text end ensure coordination of emergency response activities between the railroad and local
respondersdeleted text begin.deleted text endnew text begin;
new text end

new text begin (2) assist emergency managers identify and assess local rail-specific threats, hazards,
and risks; and
new text end

new text begin (3) assist railroads obtain information from emergency managers regarding specific local
natural and technical hazards and threats in the local area that may impact rail operations
or public safety.
new text end

new text begin (b) The coordination under paragraph (a), clauses (2) and (3), must include identification
of increased risks and potential special responses due to high population concentration,
critical local infrastructure, key facilities, significant venues, sensitive natural environments,
and other factors identified by railroads, emergency managers, and fire departments.
new text end

new text begin (c) The commissioner of public safety must compile and make available to railroads a
list of emergency managers and fire chiefs, which must include contact information.
new text end

Sec. 4.

Minnesota Statutes 2016, section 115E.042, subdivision 4, is amended to read:


Subd. 4.

Response capabilities; time limits.

(a) Following confirmation of a discharge,
a railroad must deliver and deploy sufficient equipment and trained personnel to new text begin(1) new text endcontain
and recover discharged oil or hazardous substances deleted text beginand todeleted text endnew text begin, (2)new text end protect the environmentnew text begin,new text end and
new text begin (3) assist local new text endpublic safetynew text begin officialsnew text end.

(b) new text beginWithin 15 minutes after local emergency responders arrive on the scene of a rail
incident involving oil or hazardous substances, a railroad must assist the incident commander
to determine the nature of hazardous substances known to have been released and hazardous
substances transported on the train by providing information that includes the chemical
content of the hazardous substances, contact information for the shipper, and instructions
for dealing with the release of the material. A railroad may provide information through the
train orders on board the train, facsimile, or electronic transmission.
new text end

new text begin (c) new text endWithin one hour of confirmation of a discharge, a railroad must provide a qualified
company deleted text beginemployeedeleted text endnew text begin representativenew text end to advise the incident commandernew text begin, help assess the situation,
initiate railroad response actions as needed, and provide advice and recommendations to
the incident commander regarding the response
new text end. The deleted text beginemployeedeleted text endnew text begin representativenew text end may be made
available by telephone, and must be authorized to deploy all necessary response resources
of the railroad.

deleted text begin (c)deleted text endnew text begin (d)new text end Within three hours of confirmation of a discharge, a railroad 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.

deleted text begin (d)deleted text endnew text begin (e)new text end Within three hours of confirmation of a discharge, a railroad must provide new text begin(1)
new text end qualified personnel at a discharge site to assess the discharge and to advise the incident
commandernew text begin, and (2) resources to assist the incident commander with ongoing public safety
and scene stabilization
new text end.

deleted text begin (e)deleted text endnew text begin (f)new text end A railroad 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.

deleted text begin (f)deleted text endnew text begin (g)new text end Each arrangement under paragraph deleted text begin(e)deleted text endnew text begin (f)new text end must be confirmed each year. Each
arrangement must be tested by drill at least once every five years.

deleted text begin (g)deleted text endnew text begin (h)new text end Within eight hours of confirmation of a discharge, a railroad 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.

deleted text begin (h)deleted text endnew text begin (i)new text end Within 60 hours of confirmation of a discharge, a railroad 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.

Sec. 5.

new text begin [219.925] INCIDENT EMERGENCY RESPONSE; PREPAREDNESS AND
INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given them.
new text end

new text begin (a) "Emergency manager" means the director of a local organization for emergency
management under section 12.25.
new text end

new text begin (b) "Hazardous substance" means any material identified in the definition of hazardous
substance under (1) section 115B.02, subdivision 8, or (2) Code of Federal Regulations,
title 49, section 171.8.
new text end

new text begin (c) "Incident commander" means the official who has responsibility under National
Incident Management System guidelines for all aspects of emergency response operations
at an incident scene, including directing and controlling resources.
new text end

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

new text begin (e) "Rail carrier" means a railroad company that is:
new text end

new text begin (1) defined as a common carrier under section 218.011, subdivision 10;
new text end

new text begin (2) classified by federal law or regulation as a Class I Railroad, Class I Rail Carrier,
Class II Railroad, Class II Carrier, Class III Railroad, or Class III Carrier; and
new text end

new text begin (3) operating in this state.
new text end

new text begin (f) "Relevant emergency manager" means an emergency manager having jurisdiction
along the routes over which oil or other hazardous substances are transported by a rail
carrier.
new text end

new text begin (g) "Relevant fire department officer" means a fire chief or other senior officer of a fire
department having jurisdiction along the routes over which oil or other hazardous substances
are transported by a rail carrier.
new text end

new text begin Subd. 2. new text end

new text begin Emergency response planning; traffic review. new text end

new text begin Within ten business days of
receiving a written request, a rail carrier must provide a traffic review to the commissioner
of public safety, a relevant emergency manager, or a relevant fire department officer. The
traffic review under this subdivision must include information on the types and volumes of
oil or other hazardous substances transported through the requester's jurisdiction during the
prior calendar year.
new text end

new text begin Subd. 3. new text end

new text begin Emergency response planning; information sharing. new text end

new text begin Upon written request,
a rail carrier must provide a briefing regarding prevention and response plans submitted
under section 115E.042, subdivision 6, to the commissioner of public safety, a relevant
emergency manager, or a relevant fire department officer.
new text end

new text begin Subd. 4. new text end

new text begin Emergency response planning; railroad response capacity meetings. new text end

new text begin (a)
Within 30 days of receiving a written request, a rail carrier must be available to meet with
the commissioner of public safety, a relevant emergency manager, or a relevant fire
department officer concerning emergency response planning and coordination.
new text end

new text begin (b) At a meeting held under this subdivision, a rail carrier must provide:
new text end

new text begin (1) a review of the rail carrier's emergency response planning and capability, including
railroad response timelines and resources to provide (i) technical advice and
recommendations, (ii) trained response personnel, (iii) specialized equipment, and (iv) any
other available resources to support an incident commander who conducts a public safety
emergency response under the National Incident Management System; and
new text end

new text begin (2) inventory information on emergency response involving oil or other hazardous
substance, consisting of:
new text end

new text begin (i) equipment owned by the rail carrier, including equipment type and location;
new text end

new text begin (ii) the rail carrier's response personnel, including contact information and location; and
new text end

new text begin (iii) resources available to the rail carrier through contractual agreements.
new text end

new text begin Subd. 5. new text end

new text begin Real-time emergency response information. new text end

new text begin (a) The commissioner of public
safety must, through the Minnesota Fusion Center, receive and disseminate emergency
response information required under section 7302 of the FAST Act of 2015, Public Law
114-94, and federal regulations adopted under that section.
new text end

new text begin (b) On and after July 1, 2018, all rail carriers subject to this section must collectively
provide to emergency responders in an Internet-based format the information regarding
transportation of oil or other hazardous substances that rail carriers provide through a wireless
communication device application.
new text end

new text begin Subd. 6. new text end

new text begin Public safety emergency response exercises. new text end

new text begin (a) Each rail carrier must conduct
one tabletop public safety emergency response exercise in each emergency management
region where the rail carrier transports oil or other hazardous substances. The exercises
must be conducted by July 1, 2019, and July 1 every two years thereafter.
new text end

new text begin (b) Each rail carrier must conduct one full-scale public safety emergency response
exercise in each emergency management region where the rail carrier transports oil or other
hazardous substances. The exercises must be conducted by July 1, 2020, and July 1 every
four years thereafter.
new text end

new text begin (c) The rail carriers must give at least 180 days notice of intent to conduct an emergency
response exercise. The rail carriers must conduct the exercises in full coordination with the
commissioner of public safety and with any interested emergency managers and fire chiefs
having jurisdiction within the applicable emergency management region along the routes
over which oil or other hazardous substances are transported.
new text end

new text begin (d) Ninety days prior to the date of a public safety emergency response exercise scheduled
under paragraph (a) or (b), the rail carrier may cancel the exercise if none of the entities
identified in paragraph (c) have indicated an intent to attend. The date of a canceled exercise
establishes the date of the subsequent exercise required under paragraph (a) or (b).
new text end

new text begin (e) In an emergency management region where more than one rail carrier operates, the
rail carriers may conduct the exercises under paragraphs (a) and (b) jointly or may alternate
among rail carriers to conduct the exercise.
new text end

new text begin (f) To the extent feasible, the rail carriers must coordinate the exercises among each
other and with exercises under section 115E.042, subdivision 5.
new text end

new text begin Subd. 7. new text end

new text begin Transportation and response planning data. new text end

new text begin (a) Any data provided under
subdivisions 3 to 6 to an emergency manager, incident commander, emergency first
responder, fire chief or senior officer of a fire department, or the commissioner of public
safety are nonpublic data, as defined under section 13.02, subdivision 9.
new text end

new text begin (b) Any prevention and response plan data created under section 115E.042, subdivision
6, that is in the possession of an emergency manager, incident commander, emergency first
responder, or fire chief or senior officer of a fire department are nonpublic data, as defined
under section 13.02, subdivision 9.
new text end

Sec. 6.

Minnesota Statutes 2016, section 299A.55, as amended by Laws 2017, chapter 95,
article 3, section 10, to read:


299A.55 RAILROAD AND PIPELINE deleted text beginSAFETYdeleted text endnew text begin INCIDENT PREPAREDNESSnew text end;
OIL AND OTHER HAZARDOUS deleted text beginMATERIALSdeleted text endnew text begin SUBSTANCESnew text end.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given them.

(b) deleted text begin"Applicable rail carrier" means a railroad company that is subject to an assessment
under section 219.015, subdivision 2
deleted text endnew text begin "Emergency manager" has the meaning given in section
219.925, subdivision 1
new text end.

(c) "Hazardous substance" has the meaning given in section deleted text begin115B.02, subdivision 8deleted text endnew text begin
219.925, subdivision 1
new text end.

(d)new text begin "Incident compelling a significant response" means an event involving rail carrier
or pipeline company operations and a derailment, collision, discharge, or other similar
activity resulting in applicable response actions performed by firefighters, peace officers,
incident commanders, emergency managers, or emergency first responders. For purposes
of this paragraph, "applicable response actions" consist of one or more of the following: a
request for mutual aid or special response resources, establishment of an exclusion zone,
an order for evacuation or shelter in place, or emergency notification to the general public.
new text end

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

deleted text begin (e)deleted text endnew text begin (f)new text end "Pipeline company" means any individual, partnership, association, or public or
private corporation who owns and operates pipeline facilities and is required to show specific
preparedness under section 115E.03, subdivision 2.

new text begin (g) "Rail carrier" has the meaning given in section 219.925, subdivision 1.
new text end

Subd. 2.

Railroad and pipeline deleted text beginsafetydeleted text endnew text begin preparednessnew text end account.

(a) A railroad and pipeline
deleted text begin safetydeleted text endnew text begin preparednessnew text end 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 Subject to availability of funds, $300,000new text end is annually appropriated from
the railroad and pipeline deleted text beginsafetydeleted text endnew text begin preparednessnew text end account to the commissioner of the Pollution
Control Agency for environmental protection activities related to railroad discharge
preparedness under chapter 115E.

(c) $600,000 in fiscal year 2018 and $600,000 in fiscal year 2019 are appropriated from
the railroad and pipeline safety account to the commissioner of transportation for improving
safety at railroad grade crossings.

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

Subd. 3.

Allocation of funds.

(a) Subject to funding appropriated for this subdivision,
the commissioner shall provide funds for training and response preparedness related to (1)
derailments, discharge incidents, or spills involving trains carrying oil or other hazardous
substances, and (2) pipeline discharge incidents or spills involving oil or other hazardous
substances.

(b) The commissioner shall allocate available funds as follows:

(1) $100,000 annually for emergency response teams; and

(2) the remaining amount to the Board of Firefighter Training and Education under
section 299N.02 and the Division of Homeland Security and Emergency Management.

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

(d) The commissioner and the entities identified in paragraph (b), clause (2), shall
prioritize uses of funds based on:

(1) deleted text beginfirefighterdeleted text end training needsnew text begin for firefighters, emergency managers, incident commanders,
and emergency first responders
new text end;

(2) community risk from discharge incidents or spills;

(3) geographic balance; deleted text beginand
deleted text end

(4)new text begin risks to the general public; and
new text end

new text begin (5)new text end recommendations of the Fire Service Advisory Committee.

(e) The following are permissible uses of funds provided under this subdivision:

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

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

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

(4) emergency preparedness planning and coordinationdeleted text begin.deleted text endnew text begin;
new text end

new text begin (5) emergency response team costs;
new text end

new text begin (6) public safety emergency response exercises under section 219.925, subdivision 6;
new text end

new text begin (7) post-incident review and analysis under subdivision 5, based on costs incurred to
state agencies and local units of government; and
new text end

new text begin (8) public education and outreach, including but not limited to:
new text end

new text begin (i) informing and engaging the public regarding hazards of derailments and discharge
incidents;
new text end

new text begin (ii) assisting the development of evacuation readiness;
new text end

new text begin (iii) undertaking public information campaigns; and
new text end

new text begin (iv) providing accurate information to the media on likelihood and consequences of
derailments and discharge incidents.
new text end

(f) Notwithstanding paragraph (b), clause (2), from funds in the railroad and pipeline
deleted text begin safetydeleted text endnew text begin preparednessnew text end account provided for the purposes under this subdivision, the
commissioner may retain a balance in the account for budgeting in subsequent fiscal years.

Subd. 4.

Assessments.

deleted 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.
deleted text end

deleted text begin (b) The assessment for each railroad is 50 percent of the total annual assessment amount,
divided in equal proportion between applicable rail carriers based on route miles 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 substance transported by pipeline in Minnesota.
deleted text end

deleted text begin (c) The assessments under this subdivision expire July 1, 2017. deleted text end new text begin The commissioner of
public safety must assess the rail carrier or pipeline company involved in an incident
compelling a significant response for all post-incident review and analysis costs incurred
by the state and local units of government under subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Post-incident review and analysis; report; data. new text end

new text begin (a) After an incident
compelling a significant response, or upon request of a fire chief or emergency manager
after an incident, the commissioner must ensure a post-incident review and analysis is
performed in a timely manner. The review and analysis must be performed under an
agreement with an entity having relevant knowledge and experience that is fully independent
of the state, any local units of government involved in the incident, rail carriers, and pipeline
companies. The entity must be approved by all parties participating in the review.
new text end

new text begin (b) The review and analysis process must include an after-action review and must
evaluate, at a minimum, processes occurring during the incident for emergency assessment,
hazard operations, population protection, and incident management. The review and analysis
must be designed to minimize duplication of topics and issues addressed in any federal
review of the incident.
new text end

new text begin (c) By March 15 following any calendar year in which one or more post-incident reviews
and analyses are performed, the commissioner must prepare a report that, at a minimum,
includes a summary of the incidents and identifies findings, lessons learned, and process
changes. Upon request, the commissioner must make the report available to fire chiefs and
emergency managers.
new text end

new text begin (d) Except for the report under paragraph (c), any data under this subdivision are
nonpublic data, as defined under section 13.02, subdivision 9.
new text end

Sec. 7. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 115E.042, subdivision
2, as Minnesota Statutes, section 219.925, subdivision 3, and Minnesota Statutes, section
115E.042, subdivision 3, as Minnesota Statutes, section 219.925, subdivision 4. The revisor
shall correct any cross-references made necessary by the renumbering under this section.
new text end

Sec. 8. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

ARTICLE 2

ENVIRONMENTAL PREPAREDNESS AND RESPONSE

Section 1.

Minnesota Statutes 2016, section 13.7411, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Prevention and response plans. new text end

new text begin Certain data on prevention and response
plans are governed by section 115E.042, subdivision 7.
new text end

Sec. 2.

Minnesota Statutes 2016, section 115E.042, subdivision 5, is amended to read:


Subd. 5.

deleted text beginRailroad drillsdeleted text endnew text begin Environmental response exercisesnew text end.

new text begin(a) new text endEach railroad must
conduct deleted text beginat least onedeleted text end oil containment, recovery, and sensitive area protection deleted text begindrilldeleted text endnew text begin exercises
as follows: (1) at least one tabletop exercise every year; and (2) at least one full-scale exercise
new text end
every three yearsdeleted text begin,deleted text endnew text begin. Each exercise must benew text end at a location deleted text beginanddeleted text endnew text begin, date,new text end timenew text begin, and in the mannernew text end
chosen by the Pollution Control Agencydeleted text begin, and attended by safety representatives of railroad
employees governed by the Railway Labor Act
deleted text end.

new text begin (b) To the extent feasible, the commissioner of the Pollution Control Agency must
coordinate each exercise with exercises required by federal agencies.
new text end

Sec. 3.

Minnesota Statutes 2016, section 115E.042, subdivision 6, is amended to read:


Subd. 6.

Prevention and response plansnew text begin; requirements, submissionnew text end.

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

(b) deleted text beginBy June 30 ofdeleted text end Every third year following a plan submission under this subdivisionnew text begin,
or sooner as provided under section 115E.04, subdivision 2
new text end, a railroad must update and
resubmit the prevention and response plan to the commissioner.

Sec. 4.

Minnesota Statutes 2016, section 115E.042, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Prevention and response plan data. new text end

new text begin A prevention and response plan provided
under this section is nonpublic data, as defined under section 13.02, subdivision 9.
new text end

Sec. 5. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

ARTICLE 3

RAILROAD INSPECTIONS

Section 1.

Minnesota Statutes 2016, section 219.015, subdivision 1, is amended to read:


Subdivision 1.

Positions established; duties.

(a) The commissioner of transportation
shall establish deleted text beginthreedeleted text endnew text begin fournew text end state rail safety deleted text begininspector positions in the Office of Freight and
Commercial Vehicle Operations of the Minnesota Department of Transportation. On or
after July 1, 2015, the commissioner may establish a fourth state rail safety inspector position
following consultation with railroad
deleted text enddeleted text begincompaniesdeleted text endnew text begin inspection program positionsnew text end. The
commissioner shall apply to and enter into agreements with the Federal Railroad
Administration (FRA) of the United States Department of Transportation to participate in
the federal State Rail Safety Participation Program for training and certification of an
inspector under authority of United States Code, title 49, sections 20103, 20105, 20106,
and 20113, and Code of Federal Regulations, title 49, part 212.

(b) A state rail safety inspector deleted text beginshalldeleted text endnew text begin maynew text end inspect mainline track, secondary track, and
yard and industry track; inspect railroad right-of-way, including adjacent or intersecting
drainage, culverts, bridges, overhead structures, and traffic and other public crossings;
inspect yards and physical plants; review and enforce safety requirements; review
maintenance and repair records; and review railroad security measures.

(c) A state rail safety inspector may perform, but is not limited to, the duties described
in the federal State Rail Safety Participation Program. An inspector may train, be certified,
and participate in any of the federal State Rail Safety Participation Program disciplines,
including: track, signal and train control, motive power and equipment, operating practices
compliance, hazardous materials, and highway-rail grade crossings.

(d) To the extent delegated by the Federal Railroad Administration and authorized by
the commissioner, an inspector may issue citations for violations of this chapter, or to ensure
railroad employee and public safety and welfare.

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.

Minnesota Statutes 2016, section 219.015, subdivision 2, is amended to read:


Subd. 2.

Railroad company assessment; account; appropriation.

(a) As provided in
this subdivision, the commissioner shall annually assess railroad companies that are (1)
defined as common carriers under section 218.011; (2) classified by federal law or regulation
as Class I Railroads, Class I Rail Carriers, Class II Railroads, or Class II Carriers; and (3)
operating in this state.

(b) The assessment must be deleted text beginby a division ofdeleted text endnew text begin calculated to allocatenew text end state rail safety
deleted text begin inspectordeleted text endnew text begin inspectionnew text end program costs deleted text beginin equal proportion betweendeleted text endnew text begin proportionally amongnew text end
carriers based on route miles operated in Minnesotadeleted text begin, assessed in equal amounts for 365 days
of the calendar year
deleted text endnew text begin at the time of assessmentnew text end. The commissioner deleted text beginshall assessdeleted text endnew text begin must include
in the assessment calculation (1)
new text end allnew text begin program or additional positionnew text end start-up deleted text beginor
re-establishment
deleted text end costsdeleted text begin,deleted text endnew text begin; (2)new text end all deleted text beginrelateddeleted text end costs of deleted text begininitiatingdeleted text end the state rail safety deleted text begininspectordeleted text endnew text begin
inspection
new text end program,new text begin including but not limited to inspection, administration, supervision,
travel, equipment, and training;
new text end andnew text begin (3) costs ofnew text end ongoing state rail inspector duties.

(c) The assessmentsnew text begin collected under this subdivisionnew text end must be deposited in a deleted text beginspecial
account in the special revenue fund, to be known as the
deleted text end state rail safety inspection accountnew text begin,
which is established in the special revenue fund
new text end.new text begin The account consists of funds provided by
this subdivision and any other money donated, allotted, transferred, or otherwise provided
to the account.
new text end Money in the account is appropriated to the commissioner for the
establishment and ongoing responsibilities of the state rail safety deleted text begininspectordeleted text endnew text begin inspectionnew text end
program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end