1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to public safety; modifying state hazardous 1.3 materials team provisions; amending Minnesota Statutes 1.4 2002, sections 299A.49, subdivisions 2, 4; 299A.51, 1.5 subdivisions 1, 2. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2002, section 299A.49, 1.8 subdivision 2, is amended to read: 1.9 Subd. 2. [CHEMICAL ASSESSMENT TEAM.] "Chemical assessment 1.10 team" means a team (1) trained
and, equipped, and authorized to 1.11 evaluate and when possible, provide simple mitigation to a 1.12 hazardous materials incident and (2) required to recommend to 1.13 the local incident manager the best means of controlling the 1.14 hazard after consideration of life safety concerns, 1.15 environmental effects, exposure hazards, quantity and type of 1.16 hazardous material, availability of localresources, or other 1.17 relevant factors. 1.18 Sec. 2. Minnesota Statutes 2002, section 299A.49, 1.19 subdivision 4, is amended to read: 1.20 Subd. 4. [HAZARDOUS MATERIALS.] "Hazardous materials" 1.21 means substances or materials that, because of their chemical, 1.22 physical, or biological nature, pose a potential risk to life, 1.23 health, or property if they are released. "Hazardous materials" 1.24 includes any substance or material in a particular form or 1.25 quantity that may pose an unreasonable risk to health, safety, 2.1 and property, or any substance or material in a quantity or form 2.2 that may be harmful to humans, animals, crops, water systems, or 2.3 other elements of the environment if accidentally or 2.4 intentionally released. Hazardous substances so designated may 2.5 include explosives, radioactive materials, etiologic agents, 2.6 flammable liquids or solids, combustible liquids or solids, 2.7 poisons, oxidizing or corrosive materials, chemical and 2.8 biological substances, and toxic or flammable gases. 2.9 Sec. 3. Minnesota Statutes 2002, section 299A.51, 2.10 subdivision 1, is amended to read: 2.11 Subdivision 1. [LIABILITY.] During operations authorized 2.12 under section 299A.50, members of a regional hazardous materials 2.13 responseteam operating outside their geographic jurisdiction 2.14 are "employees of the state" as defined in section 3.736. 2.15 Sec. 4. Minnesota Statutes 2002, section 299A.51, 2.16 subdivision 2, is amended to read: 2.17 Subd. 2. [WORKERS' COMPENSATION.] During operations 2.18 authorized under section 299A.50, members of a regional 2.19 hazardous materials responseteam operating outside their 2.20 geographic jurisdiction are considered employees of the 2.21 department of public safety for purposes of chapter 176.