SF 454

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

A bill for an act
relating to motor carriers; abolishing state hazardous materials registration and
permit requirements; amending Minnesota Statutes 2008, section 221.0355.

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

Section 1.

Minnesota Statutes 2008, section 221.0355, is amended to read:

221.0355 UNIFORM HAZARDOUS MATERIAL AND HAZARDOUS WASTE
REGISTRATION AND PERMIT REQUIREMENTS.

Subdivision 1.

Purpose.

The purpose of this section is to enable Minnesota to
participate in establishing, implementing, and administering a uniform registration and
permitting program for persons who transport or ship hazardous material or hazardous
waste by motor vehicle on the public highways in interstate or intrastate commerce.
The program's procedures and requirements must conform to those contained in the
report submitted to the secretary of transportation pursuant to the "Hazardous Materials
Transportation Uniform Safety Act of 1990," United States Code, title 49 appendix,
section 1819, subsection (c).

Subd. 2.

Definitions.

For purposes of this section, the following words and phrases
have the meanings given them in this subdivision:

(a) "Base state" means the state selected by a carrier according to the procedures
established by the uniform program.

(b) "Base state agreement" means the agreement between participating states
electing to register or permit carriers of hazardous material or hazardous waste.

(c) "Carrier" means a person who operates a motor vehicle used to transport
hazardous material or hazardous waste.

(d) "Designated hazardous material" means a hazardous material described in Code
of Federal Regulations, title 49, section 107.601, which is incorporated by reference.

(e) "Hazardous material" means:

(1) a hazardous material when the hazardous material is of a type or in a quantity
that requires the transport vehicle to be placarded in accordance with Code of Federal
Regulations, title 49, part 172; or

(2) a hazardous substance or marine pollutant when transported in bulk packaging
as defined in Code of Federal Regulations, title 49, section 171.8, which is incorporated
by reference.

(f) (d) "Hazardous material waste transportation" means the transportation of
hazardous material or hazardous waste, or both, on the public highways.

(g) (e) "Hazardous waste" means hazardous waste of a type and amount that requires
the shipment to be accompanied by a uniform hazardous waste manifest described in
Code of Federal Regulations, title 40, part 262, including state-designated hazardous
wastes when a list of state-designated hazardous wastes has been filed by the state with the
national repository under the uniform program.

(h) (f) "Participating state" means a state electing to participate in the uniform
program by entering a base state agreement.

(i) (g) "Person" means an individual, firm, copartnership, cooperative, company,
association, limited liability company, corporation, or public entity.

(j) (h) "Public entity" means a carrier who is a federal or state agency or political
subdivision.

(k) (i) "Shipper" means a person who offers a designated hazardous material waste
to another person for shipment or who causes a designated hazardous material waste to be
transported or shipped by another person.

(l) (j) "Uniform application" means the uniform motor carrier registration and permit
application form established under the uniform program.

(m) (k) "Uniform program" means the Uniform State Hazardous Materials
Transportation Motor Carrier Registration and Permit Program established in the report
submitted to the secretary of transportation pursuant to the "Hazardous Materials
Transportation Uniform Safety Act of 1990," United States Code, title 49 appendix,
section 1819, subsection (c).

Subd. 3.

General requirements; exceptions.

Except as provided in subdivision
17, after October 1, 1994:

(a) No carrier, other than a public entity, may transport a hazardous material by
motor vehicle in Minnesota unless it has complied with subdivision 4.

(b) No carrier, other than a public entity, may transport a hazardous waste in
Minnesota unless it has complied with subdivisions 4 and 5.

(c) (b) No shipper may offer a designated hazardous material waste for shipment or
cause a designated hazardous material waste to be transported or shipped in Minnesota
unless it has complied with subdivision 7.

(d) (c) No carrier, other than a public entity, may transport a designated hazardous
material waste by rail or water in Minnesota unless it has complied with subdivision 7a.

(e) (d) No public entity may transport a hazardous material or hazardous waste by
motor vehicle in Minnesota unless it has complied with subdivision 8.

(f) (e) A carrier registered under this section, who exclusively offers designated
materials waste for shipment only in vehicles controlled or operated by that carrier and
who does not offer hazardous materials waste to other private or for-hire carriers, is not
required to register as a shipper under subdivision 7.

Subd. 4.

Hazardous material waste registration and permit.

(a) A carrier with its
principal place of business in Minnesota or that designates Minnesota as its base state,
shall register its hazardous material waste transportation with and obtain a permit from the
commissioner before transporting a hazardous material or hazardous waste in Minnesota.
A carrier that designates another participating state as its base state shall register its
hazardous material waste transportation with and obtain a permit from that state before
transporting a hazardous material or hazardous waste in Minnesota.

(b) A carrier who engages in the interstate transportation of a hazardous material
waste and who is required to register its hazardous material waste transportation in
Minnesota shall file parts I and II of the uniform application with the commissioner and
pay an administrative processing fee of $50 and an apportioned vehicle registration
fee. The amount of the apportioned vehicle registration fee must be calculated under
subdivision 6. A carrier who engages only in the intrastate transportation of a hazardous
material, excluding hazardous waste, and who is required to register its hazardous material
transportation in Minnesota shall file part I of the uniform application, pay a vehicle
registration fee of $15 for each vehicle it operates, and pay no apportioned fee.

(c) Upon a carrier's compliance with this subdivision, the commissioner shall issue a
notice of registration form and a permit to the carrier. A notice of registration form must
include a company registration number. A registration is valid for one year from the date
a notice of registration form is issued and a permit is valid for three years from the date
issued or until a carrier fails to renew its registration, whichever occurs first.

(d) A registered carrier shall maintain a copy of the notice of registration form and
the permit in each vehicle it uses to transport a hazardous material or hazardous waste.

(e) A carrier with a permit shall annually certify that its current operations are not
substantially different from its operations on the date it obtained its permit and shall
recertify its compliance with applicable laws and regulations in part II of the uniform
application when it renews its registration under this subdivision. Failure to comply with
the certifications in part II is prohibited.

Subd. 5.

Hazardous waste transporter.

(a) A carrier with its principal place of
business in Minnesota or who designates Minnesota as its base state shall file a disclosure
statement with and obtain a permit from the commissioner that specifically authorizes the
transportation of hazardous waste before transporting a hazardous waste in Minnesota. A
carrier that designates another participating state as its base state shall file a disclosure
statement with and obtain a permit from that state that specifically authorizes the
transportation of hazardous waste before transporting a hazardous waste in Minnesota. A
registration is valid for one year from the date a notice of registration form is issued and
a permit is valid for three years from the date issued or until a carrier fails to renew its
registration, whichever occurs first.

(b) A disclosure statement must include the information contained in part III of the
uniform application. The commissioner shall not issue a notice of registration or permit
to a hazardous waste transporter who has not made a full and accurate disclosure of the
required information or paid the fees required by this subdivision. Making a materially
false or misleading statement in a disclosure statement is prohibited.

(c) The commissioner shall assess a carrier the actual costs incurred by the
commissioner for conducting the uniform program's required investigation of the
information contained in a disclosure statement.

Subd. 6.

Apportioned vehicle registration fee calculation.

(a) An apportioned
vehicle registration fee shall be equal to the percentage of Minnesota transportation
multiplied by the percentage of hazardous material waste transportation multiplied by the
total number of vehicles the carrier operates multiplied by a per-vehicle fee of $30.

(b) A carrier shall calculate its percentage of Minnesota transportation and its
percentage of hazardous material waste transportation as follows:

(1) A carrier shall determine its percentage of Minnesota transportation by dividing
the number of miles it traveled in Minnesota under the international registration plan,
pursuant to section 168.187, during the previous year, by the number of miles it traveled in
the United States and Canada under the international registration plan during the previous
year. If a carrier operated only in Minnesota, it must use 100 percent of the miles traveled
as its percentage of Minnesota transportation. If a carrier does not register its vehicles
through the international registration plan, it must calculate the number of miles traveled
in the manner required under the international registration plan. If a carrier operates
more than one fleet under the international registration plan the carrier must add all miles
traveled by all vehicles in all fleets to calculate its mileage. A Minnesota carrier who
operates in an adjacent state under a reciprocal agreement with that state must include
the miles operated under the agreement as miles traveled in Minnesota in calculating
mileage under this clause.

(2) A carrier shall determine its percentage of hazardous material waste
transportation as follows:

(i) for less-than-truckload shipments, it must divide the weight of the carrier's
hazardous material and hazardous waste shipments transported during the previous year
by the total weight of all shipments transported during the previous year; or

(ii) for truckload shipments, it must divide the number of shipments transported
during the previous year for which placarding, marking, or manifesting, was required by
Code of Federal Regulations, title 49, part 172, by the total number of all shipments
transported during the previous year.

(c) A carrier that transports both truckload and less-than-truckload shipments
of hazardous material or hazardous waste must determine its percentage of hazardous
material waste transportation by calculating the absolute percentage of business that
is hazardous material waste transportation on a proportional basis with the percentage
of business that is not hazardous material waste transportation or by calculating its
percentage within the ranges allowed following procedures under the uniform program.

(d) A carrier may use data from its most recent complete fiscal year or the most
recent complete calendar year in calculating the percentages required in this subdivision
for transportation conducted during the previous year.

Subd. 7.

Shipper registration.

(a) A shipper who maintains a distribution, terminal,
warehouse, or other facility in Minnesota used to ship hazardous material or hazardous
waste and who is required to comply with Code of Federal Regulations, title 49, sections
107.601 to 107.620, shall file, with the commissioner, a complete and accurate copy of its
current registration statement, on the form described in Code of Federal Regulations, title
49, section 107.608, and a copy of its current federal certificate of registration. The fee for
filing a shipper registration statement is $250. If a shipper is required to pay a fee under
section 299K.095, the commissioner shall credit the actual amount paid by the shipper
during the previous 12 months toward payment of the fee required in this subdivision, not
to exceed $250 annually.

(b) Upon a shipper's compliance with this subdivision, the commissioner shall
issue a certificate of registration to the shipper. A certificate of registration must bear an
effective date and show the shipper's Minnesota hazardous material waste transportation
registration number. A certificate of registration is valid for one year from the date it is
issued and must be kept at the shipper's principal place of business.

(c) A shipper whose name, principal place of business, or business telephone number
has changed during the time a certificate of registration is effective, shall notify the
commissioner of the change by submitting an amended registration statement not later
than 30 days after the change. Upon receiving an amended registration statement, the
commissioner shall issue an amended certificate of registration. There is no fee for filing
an amended registration statement or for issuing an amended certificate of registration.

Subd. 7a.

Rail and water carriers.

(a) A carrier of hazardous material waste by rail
or water who is required to comply with Code of Federal Regulations, title 49, sections
107.601 to 107.620, shall file with the commissioner a complete and accurate copy of its
current registration statement, on the form described in Code of Federal Regulations,
title 49, section 107.608, and a copy of its current federal certificate of registration. The
fee for filing the registration statement is $250. If the carrier is required to pay a fee
under section 299K.095, the commissioner shall credit the actual amount paid by carrier
during the previous 12 months toward payment of the fee required in this subdivision, not
to exceed $250 annually.

(b) Upon a carrier's compliance with this subdivision, the commissioner shall issue a
certificate of registration to the carrier. A certificate of registration must bear an effective
date and show the carrier's Minnesota hazardous material waste transportation registration
number. A certificate of registration is valid for one year from the date it is issued and
must be kept at the carrier's principal place of business.

(c) A carrier whose name, principal place of business, or business telephone number
has changed during the time a certificate of registration is effective, shall notify the
commissioner of the change by submitting an amended registration statement not later
than 30 days after the change. Upon receiving an amended registration statement, the
commissioner shall issue an amended certificate of registration. There is no fee for filing
an amended registration statement or for issuing an amended certificate of registration.

Subd. 8.

Public entity registration.

(a) A public entity with its principal place
of business in Minnesota or that designates Minnesota as its base state, shall register
its hazardous material waste transportation with the commissioner before transporting
a hazardous material or hazardous waste in Minnesota. A public entity that designates
another participating state as its base state shall register its hazardous material waste
transportation with that state before transporting a hazardous material or hazardous waste
in Minnesota.

(b) A public entity that is required to register its hazardous material waste
transportation in Minnesota shall file part I of the uniform application with the
commissioner. There is no fee for the registration required in this subdivision.

(c) Upon a public entity's compliance with this subdivision, the commissioner shall
issue a notice of registration form to the public entity. The notice of registration form
must include a registration number. A registration is valid for one year from the date a
notice of registration form is issued.

(d) A registered public entity shall maintain a copy of the notice of registration form
in each vehicle it uses to transport hazardous material or hazardous waste.

Subd. 9.

Application data.

The following data submitted to the commissioner under
subdivisions 4 and 5 are private data, with respect to data on individuals, and nonpublic
data, with respect to data not on individuals: information contained in parts II and III of
the uniform application relating to a carrier's customers and service provided to specific
customers, financial balance sheet and income statement data, ownership and debt liability
data, and information relating to a carrier's parent companies, affiliates, and subsidiaries.
For the purpose of administering or enforcing the uniform program, the commissioner
may disclose any information classified as private data on individuals or nonpublic data by
this subdivision to the United States Department of Transportation, any other participating
state or state agency, or to the national repository established under the uniform program.

Subd. 10.

Enforcement.

The commissioner may inspect or examine any motor
vehicle or facility operated by a carrier or any facility operated by a person who ships, or
offers for shipment, hazardous material or hazardous waste and may require the production
of papers, books, records, documents, or other evidentiary material necessary to determine
if a carrier or shipper is accurately reporting its hazardous material waste transportation
operations and is otherwise complying with this section and the uniform program. The
commissioner also may conduct investigations and audits necessary to determine if a
carrier is entitled to a permit or to make suspension or revocation determinations.

Subd. 11.

Administrative penalties.

The commissioner may issue an order
requiring violations of this section to be corrected. An order may include the administrative
assessment of a monetary penalty up to a maximum of $10,000 for all violations of this
section identified during a single inspection, investigation, or audit. Section 221.036
applies to administrative penalty orders issued under this section. Penalties collected under
this section must be deposited in the state treasury and credited to the trunk highway fund.

Subd. 12.

Suspension, revocation, and denial.

(a) The commissioner may suspend
or revoke a permit issued under this section or order the suspension of the transportation
of hazardous material or hazardous waste in Minnesota by a carrier who has obtained a
permit from another participating state under the uniform program if the commissioner
determines that a carrier:

(1) committed a violation of Code of Federal Regulations, title 49, parts 100 to 180,
383, 387, or 390 to 397, while engaging in hazardous materials waste transportation if the
violation posed an imminent hazard to the public or the environment;

(2) made a knowing falsification of a material fact in a uniform application;

(3) has received an unsatisfactory safety rating from the state or the United States
Department of Transportation; or

(4) has exhibited reckless disregard for the public and the environment.

(b) In determining if a carrier has exhibited reckless disregard for the public and the
environment in violation of paragraph (a), clause (4), the commissioner shall consider:

(1) whether the carrier has engaged in a pattern of violations of Code of Federal
Regulations, title 49, parts 100 to 180, 383, 387, or 390 to 397, or regulations governing
the management of hazardous waste, while engaging in hazardous materials waste
transportation, when the violations are viewed in relation to the number of truck-miles of
hazardous material waste transportation and the number of vehicles in the carrier's fleet;

(2) the actual or potential level of environmental damage resulting from an incident
or a violation of the federal regulations described in paragraph (a), clause (1);

(3) the response by the carrier to an incident or a violation of the federal regulations
described in paragraph (a), clause (1);

(4) the carrier's history of violations for the past three years;

(5) any mitigating factors; and

(6) other factors as justice requires, if the commissioner specifically identifies the
additional factors in the order of suspension or revocation.

(c) The commissioner may not issue a permit to a carrier if the commissioner
determines that a carrier's conduct would constitute grounds for suspension or revocation
under this subdivision. A carrier who wishes to contest a denial, suspension, or revocation
is entitled to a hearing under chapter 14.

Subd. 13.

Base state agreement.

The commissioner may enter into agreements
with federal agencies, a national repository, or other participating states as necessary to
allow the reciprocal registration and permitting of carriers transporting hazardous material
or hazardous waste. The agreements may include procedures for determining a base state,
the collection and distribution of registration fees, dispute resolution, the exchange of
information for reporting and enforcement purposes, and other provisions necessary to
fully implement, administer, and enforce the uniform program.

Subd. 14.

Preemption.

This section preempts and supersedes any hazardous
material or hazardous waste transportation registration or permitting program administered
or enforced by any state agency, city, county, or other political subdivision of the state.

Subd. 16.

Revolving account.

(a) The commissioner shall deposit in a separate
account in the trunk highway fund all federal funds received for implementing,
administering, and enforcing this section. Money in the account is appropriated to the
commissioner for those purposes.

(b) The commissioner shall accept and disburse federal funds available for the
purpose of implementing, administering, and enforcing the uniform program.

Subd. 17.

Exemptions.

This section does not apply to the intrastate transportation
described as follows:

(1) the transportation of hazardous material waste in a vehicle controlled by a farmer
and operated by a farmer or farm employee when the hazardous material waste is to be
used on the farm to which it is transported;

(2) the transportation of a hazardous waste jointly designated as a "special waste"
by the commissioner of transportation and the commissioner of the Minnesota Pollution
Control Agency; or

(3) transportation by fertilizer and agricultural chemical retailers while exclusively
engaged in the delivery of fertilizer and agricultural chemicals when:

(i) the delivery is from the retailer's place of business directly to a farm within a
50-mile radius of the retailer's place of business; and

(ii) the fertilizer and agricultural chemicals are for use on the farm to which they
are delivered.

Subd. 18.

Deposit and use of fees.

Fees received by the commissioner for
administrative processing and investigating information in a disclosure statement must be
deposited in the state treasury and credited to the trunk highway fund. Notwithstanding
section 221.82, registration fees collected under subdivisions 4, 5, 7, and 7a must be
deposited in the state treasury, credited to the general fund, and used to cover the costs
of hazardous materials waste incident response capability under sections 299A.48 to
299A.52 and 299K.095.