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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1989 

                        CHAPTER 315-H.F.No. 341 
           An act relating to public safety; proposing the 
          emergency planning and community right-to-know act; 
          requiring reports on hazardous substances and 
          chemicals; creating an emergency response commission; 
          providing penalties; amending Minnesota Statutes 1988, 
          section 609.671, by adding a subdivision; proposing 
          coding for new law in Minnesota Statutes, chapter 299F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [299K.01] [DEFINITIONS.] 
    Subdivision 1.  [APPLICATION.] The definitions in this 
section apply to sections 1 to 10. 
    Subd. 2.  [COMMISSION.] "Commission" means the emergency 
response commission established in section 3. 
    Subd. 3.  [EMERGENCY RESPONSE ORGANIZATION.] "Emergency 
response organization" means a firefighting, law enforcement, 
emergency management, emergency medical services, health, or 
local environmental organization, or a hospital. 
    Subd. 4.  [FACILITY.] "Facility" means the buildings, 
equipment, structures, and other stationary items that: 
    (1) are located on a single site or on contiguous or 
adjacent sites; and 
    (2) are owned or operated by one person, or are under the 
sole or common control of one person. 
    Subd. 5.  [FEDERAL ACT.] "Federal act" means the federal 
Emergency Planning and Community Right To Know Act, United 
States Code, title 42, sections 11001 to 11046. 
    Subd. 6.  [PERSON.] "Person" means any individual, 
partnership, association, public or private corporation, or 
other entity including the United States government, any 
interstate body, the state and any agency, department, or 
political subdivision of the state. 
    Sec. 2.  [299K.02] [OFFICE OF EMERGENCY RESPONSE.] 
    The office of emergency response is established in the 
department of public safety, consisting of the emergency 
response commission and its staff, to coordinate state 
compliance with the federal act. 
    Sec. 3.  [299K.03] [EMERGENCY RESPONSE COMMISSION.] 
    Subdivision 1.  [ESTABLISHMENT.] The emergency response 
commission is established to comply with and administer the 
federal act. 
    Subd. 2.  [AGENCY MEMBERS.] The commission consists of the 
commissioners of the department of public safety, the pollution 
control agency, the department of health, and the department of 
agriculture. 
    Subd. 3.  [APPOINTED MEMBERS.] (a) The governor shall 
appoint 17 additional members to the commission. 
    (b) The 17 appointed members must include one 
representative each of fire chiefs, professional firefighters, 
volunteer firefighters, fire marshals, law enforcement 
personnel, emergency medical personnel, health professionals, 
wastewater treatment operators, labor, and local elected 
officials, three representatives of community groups or the 
public, and four representatives from business and industry, at 
least one of whom must represent small business. 
     (c) At least four of the appointed members must reside 
outside the metropolitan area, as defined in section 473.121, 
subdivision 2. 
    (d) The appointed members must be appointed, serve, and be 
compensated in the manner provided in section 15.059. 
    Subd. 4.  [ADVISORY COMMITTEES.] The commission may 
establish advisory committees to advise the commission on 
matters pertaining to the commission's duties. 
    Subd. 5.  [DUTIES OF COMMISSION.] The commission shall 
carry out all requirements of a commission under the federal act 
and may adopt rules to do so.  The commission shall encourage 
use of and shall utilize existing emergency planning systems 
under section 5 whenever practical. 
    Subd. 6.  [AGREEMENTS.] The commission may cooperate and 
enter into necessary agreements with other state departments and 
agencies, political subdivisions of the state, or the federal 
government to perform its duties. 
    Subd. 7.  [COOPERATION.] State departments, agencies, and 
political subdivisions shall cooperate with the commission and 
its director and shall assist in the performance of the 
commission's duties. 
    Sec. 4.  [299K.04] [REGIONAL REVIEW COMMITTEES.] 
    Subdivision 1.  [MEMBERSHIP.] (a) The commission shall 
establish emergency planning districts and appoint and supervise 
a regional review committee for each district.  The regional 
review committee shall serve as the local emergency planning 
committee under the federal act, except where a local emergency 
planning committee has been established by one or more political 
subdivisions. 
    (b) Each regional review committee must have nine members 
consisting of: 
     (1) three representatives of facilities regulated under the 
federal act; 
     (2) three representatives of emergency response 
organizations; and 
     (3) three representatives of the public including community 
groups, broadcast and print media, and elected officials. 
     Subd. 2.  [COMPENSATION.] Regional review committee members 
shall be compensated in the manner provided in section 15.059. 
     Subd. 3.  [DUTIES OF REGIONAL REVIEW COMMITTEES.] Regional 
review committees shall: 
     (1) review emergency operations plans prepared by political 
subdivisions within their emergency planning district to 
determine whether they meet the requirements of section 11003(c) 
of the federal act; 
    (2) consult and coordinate with the regional program 
coordinators of the division of emergency management of the 
department of public safety and with local and county 
organizations for civil defense designated under section 12.25; 
    (3) submit emergency plans to the commission for review and 
recommendations; 
    (4) establish procedures for receiving and processing 
requests from the public for information available under the 
federal act; and 
     (5) perform any other duties specified in the federal act. 
    Sec. 5.  [299K.05] [LOCAL EMERGENCY PLANS.] 
    Subdivision 1.  [PREPARATION.] Political subdivisions 
should prepare emergency plans that adequately address the 
requirements contained in section 11003 of the federal act.  The 
emergency plan may be a part of a plan prepared by a political 
subdivision in accordance with chapter 12.  County 
organizations, through the county director designated under 
section 12.25, shall receive the plans for review, shall 
coordinate the emergency planning required under the federal act 
for political subdivisions within the county, and shall submit 
the plans to the regional office of the division of emergency 
management.  The division of emergency management shall submit 
the plans to the regional review committee. 
    Subd. 2.  [LOCAL EMERGENCY PLANNING COMMITTEES.] A 
political subdivision or two or more political subdivisions that 
are contiguous may request the commission to establish a local 
emergency planning committee for the political subdivision or 
subdivisions.  A local emergency planning committee established 
by the commission shall carry out all requirements specified 
under sections 11001 to 11046 of the federal act.  
     Subd. 3.  [PLANNING ADVISORY COMMITTEE.] A political 
subdivision or two or more political subdivisions that are 
contiguous may establish, in lieu of a local emergency planning 
committee, a planning advisory committee to prepare an emergency 
plan under section 11003 of the federal act. 
    Sec. 6.  [299K.06] [PUBLIC INFORMATION DEPOSITORY.] 
    Subdivision 1.  [COUNTY DESIGNATION OF LIBRARY.] Each 
county shall designate a library in the county for maintaining 
updated information on the facilities subject to the federal act 
that are located in the county and a copy of the emergency 
response plan for the county. 
    Subd. 2.  [INFORMATION TO BE PROVIDED.] When the commission 
develops a computerized information system, the commission shall 
provide updated information on a regular basis to libraries 
designated under subdivision 1, listing the facilities subject 
to sections 1 to 10 and noting types of hazards, specific 
chemicals on site, and amounts of chemicals on site at each 
facility, and identifying the regional review committee that may 
be contacted for further information.  The commission also shall 
provide to the libraries a copy of the most recently approved 
emergency response plan for the county and designate a contact 
person for public participation in emergency planning. 
    Sec. 7.  [299K.07] [NOTIFICATION TO EMERGENCY RESPONSE 
CENTER.] 
    (a) The notification of the commission required under the 
federal act shall be made to the state emergency response 
center.  The owner or operator of a facility shall immediately 
notify the state emergency response center of the release of a 
reportable quantity of the following materials: 
    (1) a hazardous substance on the list established under 
United States Code, title 42, section 9602; or 
    (2) an extremely hazardous substance on the list 
established under United States Code, title 42, section 11002. 
    (b) This section does not apply to a release that results 
in exposure to persons solely within the site or sites on which 
a facility is located or to a release specifically authorized by 
state law. 
    Sec. 8.  [299K.08] [FACILITIES REQUIRED TO COMPLY.] 
    Subdivision 1.  [GENERAL.] Facilities subject to the 
federal act must comply with the federal act and sections 1 to 
10. 
    Subd. 2.  [HAZARDOUS CHEMICAL INVENTORY REPORTING.] (a) In 
addition to facilities specified in the federal act, facilities 
that are operated by employers subject to the occupational 
health and safety provisions of sections 182.65 to 182.675 shall 
comply with the hazardous chemical inventory reporting of the 
federal act.  
     (b) This section is a designation of additional facilities 
under sections 11021 and 11022 of the federal act, and the 
legislative process meets the requirements for public notice and 
opportunity to comment. 
    Sec. 9.  [299K.09] [RULES TO SET FEES.] 
    Subdivision 1.  [FEES.] The commission shall adopt rules 
setting the following fees: 
    (1) a material safety data sheet fee to be paid by a 
facility when it submits material safety data sheets in lieu of 
a hazardous chemical report form as required under section 11021 
of the federal act; 
    (2) a fee to be paid by a facility when the owner or 
operator submits its emergency and hazardous chemical inventory 
form, required under section 11022 of the federal act, for 
calendar year 1990 and annually afterwards; and 
    (3) a late fee to be paid by a facility that fails to pay a 
fee under clause (1) or (2) in a timely manner, not to exceed 
200 percent of the original fee. 
    Subd. 2.  [FEE STRUCTURE.] The fee established under 
subdivision 1 may not exceed, in the aggregate, the amount 
necessary to cover the costs for all data management, including 
administration of fees, by the commission and regional review 
committees.  
    Sec. 10.  [299K.10] [ENFORCEMENT.] 
    Subdivision 1.  [ENFORCEMENT POWERS OF THE COMMISSION.] (a) 
To carry out its duties, the commission may: 
    (1) enforce the federal act; 
    (2) issue, enter into, or enforce orders, schedules of 
compliance, and stipulation agreements; 
    (3) conduct investigations, issue notices, and hold 
hearings that are necessary or useful to discharge its duties; 
    (4) examine and copy any books, papers, records, memoranda, 
or data of a person that is related to data required to be 
submitted to the commission; 
    (5) enter public or private property to take an action 
authorized by this section including obtaining information from 
a person who has a duty to provide information to the 
commission; and 
    (6) issue subpoenas requiring the attendance and testimony 
of witnesses and the production of evidence relevant to matters 
involved in a hearing or investigation. 
    (b) An employee or agent of the commission may examine 
witnesses and administer oaths in connection with a subpoena.  
Witnesses must receive the same fees and mileage as in civil 
actions. 
    (c) The commission may delegate its authority under this 
subdivision to state or local governmental agencies or 
organizations to conduct investigations, examine and copy 
records, and enter property. 
    Subd. 2.  [CIVIL ACTION; COMMISSION.] The commission may 
enforce the federal act through a civil action brought in 
federal district court under the federal act or in state 
district court by the attorney general on request of the 
commission. 
    Subd. 3.  [CIVIL ACTION; CITIZENS.] A person may commence a 
civil action against an owner or operator of a facility in state 
district court that may be brought in federal district court 
under the federal act. 
    Subd. 4.  [CIVIL ACTION; REGIONAL REVIEW AND LOCAL 
EMERGENCY PLANNING COMMITTEES.] A regional review committee or a 
local emergency planning committee may commence an action 
against an owner or operator of a facility in state district 
court for a violation of the federal act that the local 
emergency planning committee is authorized to commence in 
federal district court under the federal act. 
    Subd. 5.  [INJUNCTIVE RELIEF.] In addition to other relief 
granted, the court may grant injunctive relief to restrain 
violations of the federal act. 
     Subd. 6.  [CIVIL PENALTIES.] (a) A violation of the federal 
act is a violation of state law. 
    (b) An owner or operator of a facility is liable to the 
state for civil penalties in the same manner and amount as the 
owner or operator is liable to the United States under section 
11045, subpart (a) and subpart (b), paragraphs (1), (2), and 
(3), of the federal act. 
    (c) The commission may enforce the penalties in state 
district court in the same manner as the administrator of the 
United States Environmental Protection Agency may enforce the 
civil penalties in federal district court under the federal act. 
    (d) For purposes of this subdivision, each day of continued 
violation constitutes a separate violation. 
    Subd. 7.  [COSTS AND ATTORNEY FEES.] On the motion of a 
party prevailing in an action under this section, the court may 
award costs, disbursements, and reasonable attorney and witness 
fees to the prevailing party. 
    Subd. 8.  [VENUE.] A civil action authorized by this 
section may be brought in the district court in Ramsey county, 
in the district court where the alleged violation occurred, or 
in the district court where the defendant is located. 
    Sec. 11.  Minnesota Statutes 1988, section 609.671, is 
amended by adding a subdivision to read: 
    Subd. 10.  [FAILURE TO REPORT A RELEASE OF A HAZARDOUS 
SUBSTANCE OR AN EXTREMELY HAZARDOUS SUBSTANCE.] (a) A person is, 
upon conviction, subject to a fine of up to $25,000 or 
imprisonment for up to two years, or both, who: 
    (1) is required to report the release of a hazardous 
substance under United States Code, title 42, section 9603, or 
the release of an extremely hazardous substance under United 
States Code, title 42, section 11004; 
    (2) knows or has reason to know that a hazardous substance 
or an extremely hazardous substance has been released; and 
    (3) fails to provide immediate notification of the release 
of a reportable quantity of a hazardous substance or an 
extremely hazardous substance to the state emergency response 
center, or a firefighting or law enforcement organization. 
    (b) For a second or subsequent conviction under this 
subdivision, the violator is subject to a fine of up to $50,000 
or imprisonment for not more than five years, or both. 
    (c) For purposes of this subdivision, a "hazardous 
substance" means a substance on the list established under 
United States Code, title 42, section 9602. 
    (d) For purposes of this subdivision, an "extremely 
hazardous substance" means a substance on the list established 
under United States Code, title 42, section 11002. 
    (e) For purposes of this subdivision, a "reportable 
quantity" means a quantity that must be reported under United 
States Code, title 42, section 9602 or 11002. 
    Sec. 12.  [INTERIM COMMISSION.] 
    Until the 17 members can be appointed under section 3, 
subdivision 3, the emergency response commission established 
through the governor's executive order to administer the 
provisions of United States Code, title 42, sections 11001 to 
11046, shall continue to perform the duties of the emergency 
response commission. 
    Sec. 13.  [INTERIM FEES.] 
    Beginning on the effective date of this section and 
continuing until the effective date of rules adopted under 
section 9, the fee under section 9, subdivision 1, clause (1), 
is $10 per material safety data sheet but does not apply to 
material safety data sheets requested by the emergency response 
commission. 
    Sec. 14.  [TOXIC CHEMICAL RELEASE REPORTING STUDY.] 
    The emergency response commission, in cooperation with the 
pollution control agency, shall conduct a study to determine the 
need for expanding the toxic chemical release form requirements 
of United States Code, title 42, section 11023, to other 
facilities covered under section 8, subdivision 2.  The 
commission shall report the results of the study to the house of 
representatives and senate committees on environment and natural 
resources by December 31, 1990.  The report must include a list 
of the types and sizes of facilities recommended to submit toxic 
chemical release forms and a recommended date for compliance. 
    Sec. 15.  [EMERGENCY PLANNING REPORT.] 
    The emergency response commission shall report to the 
legislature on the effectiveness of emergency planning required 
under United State Code, title 42, sections 11001 to 11046, 
throughout the state.  The report must address the numbers and 
composition of local emergency planning committees and planning 
advisory committees established in the state, and the 
involvement of citizens in the planning process.  The emergency 
response commission shall submit the report to the house and 
senate governmental operations committees by December 31, 1990. 
    Sec. 16.  [APPROPRIATION.] 
    Subdivision 1.  [COMMUNITY RIGHT-TO-KNOW PROGRAM.] $585,000 
is appropriated from the general fund to the commissioner of 
public safety for the community right-to-know program.  $313,000 
is for fiscal year 1990 and $272,000 is for fiscal year 1991.  
    The approved complement of the department of public safety 
is increased by three positions. 
    Subd. 2.  [RED RIVER VALLEY DISASTER RELIEF.] $645,000 is 
appropriated from the general fund to the commissioner of public 
safety for disaster relief due to flooding in the Red River 
valley, to be available until June 30, 1990. 
    Sec. 17.  [EFFECTIVE DATE.] 
    Section 8, subdivision 2, is effective July 1, 1989, but 
facilities subject to section 8, subdivision 2, are not required 
to report under United States Code, title 42, section 11021, 
until October 17, 1989, or under United States Code, title 42, 
section 11022, until March 1, 1990. 
    Section 11 is effective August 1, 1989, and applies to 
crimes committed on or after that date. 
    Section 16, subdivision 2, is effective the day following 
final enactment. 
    Presented to the governor May 30, 1989 
    Signed by the governor June 1, 1989, 11:20 p.m.