Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 386-H.F.No. 2397 
           An act relating to pipelines; regulating liquefied 
          natural gas facilities; amending Minnesota Statutes 
          1990, sections 299J.02, subdivisions 12, 13, and by 
          adding subdivisions; 299J.04; 299J.07, subdivision 1; 
          299J.10; 299J.12, subdivisions 2 and 3; and 299J.15. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 299J.02, is 
amended by adding a subdivision to read: 
    Subd. 8a.  [LNG; LIQUEFIED NATURAL GAS.] "LNG" or 
"liquefied natural gas" means natural gas or synthetic gas 
having as its major constituent methane that has been changed to 
a liquid or semisolid. 
    Sec. 2.  Minnesota Statutes 1990, section 299J.02, is 
amended by adding a subdivision to read: 
    Subd. 8b.  [LNG FACILITY.] "LNG facility" means a pipeline 
facility that is used for liquefying or solidifying natural gas 
or synthetic gas or transferring, storing, or vaporizing 
liquefied natural gas. 
    Sec. 3.  Minnesota Statutes 1990, section 299J.02, 
subdivision 12, is amended to read: 
    Subd. 12.  [PIPELINE OPERATOR.] "Pipeline operator" means a 
person who owns or operates a pipeline or LNG facility. 
    Sec. 4.  Minnesota Statutes 1990, section 299J.02, 
subdivision 13, is amended to read: 
    Subd. 13.  [RELEASE.] "Release" means a spilling, leaking, 
pumping, pouring, emitting, emptying, discharging, injecting, 
leaching, dumping, disposing, flowing, or any other uncontrolled 
escape of a hazardous liquid or gas from a pipeline or gas from 
a LNG facility. 
    Sec. 5.  Minnesota Statutes 1990, section 299J.04, is 
amended to read: 
    299J.04 [DUTIES OF OFFICE OF PIPELINE SAFETY.] 
    Subdivision 1.  [GENERAL DUTIES.] The commissioner shall: 
    (1) enforce sections 216D.01 to 216D.09, as provided in 
sections 216D.08 and 216D.09; 
    (2) maintain a data base of all pipeline and LNG facility 
emergency releases; 
    (3) inspect, as necessary, any record, map, or written 
procedure required by sections 299J.01 to 299J.17 to be kept by 
a pipeline operator concerning the reporting of emergency 
releases, and the design, construction, testing, or operation 
and maintenance of pipelines and LNG facilities; and 
    (4) adopt rules to implement sections 299J.01 to 299J.17.  
    The rules adopted under clause (4) must treat separately 
and distinguish between hazardous liquid and gas pipelines and 
must be compatible with federal laws and regulations. 
    Subd. 2.  [DELEGATED DUTIES.] The commissioner shall seek 
and accept federal designation of the office's pipeline 
inspectors as federal agents for the purposes of enforcement of 
the federal Hazardous Liquid Pipeline Safety Act, United States 
Code, title 49, sections 2001 to 2014, the federal Natural Gas 
Pipeline Safety Act, United States Code, title 49, sections 1671 
to 1686, and federal rules adopted to implement those acts.  The 
commissioner shall establish and submit to the United States 
Secretary of Transportation an inspection program that complies 
with requirements for delegated interstate agent inspection 
authority.  To the extent that federal delegation of interstate 
agent inspection authority permits, the inspection program for 
interstate pipelines and LNG facilities must be the same as the 
inspection program for intrastate pipelines and LNG facilities.  
If the United States Secretary of Transportation delegates 
inspection authority to the state as provided in this 
subdivision, the commissioner, at a minimum, shall do the 
following to carry out the delegated federal authority:  
    (1) inspect pipelines and LNG facilities periodically as 
specified in the inspection program; 
    (2) collect inspection fees; 
    (3) order and oversee the testing of pipelines and LNG 
facilities as authorized by federal law and regulations; and 
    (4) file reports with the United States Secretary of 
Transportation as required to maintain the delegated inspection 
authority.  
    Sec. 6.  Minnesota Statutes 1990, section 299J.07, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DUTY TO REPORT.] A pipeline operator shall 
immediately report by telephone to the emergency response center 
established by the commissioner of public safety an emergency 
release from the operator's pipeline or LNG facility. 
    Sec. 7.  Minnesota Statutes 1990, section 299J.10, is 
amended to read: 
    299J.10 [LOCAL GOVERNMENT EMERGENCY OPERATIONS PLAN.] 
    (a) A county or statutory or home rule charter city having 
a pipeline or LNG facility within its jurisdiction shall prepare 
an emergency operations plan and supporting documents that will 
include appropriate pipeline safety information.  The format and 
content of the plan and supporting documents must be in 
agreement with the guidance and prototype planning documents 
provided by the department of public safety, division of 
emergency management.  The county or statutory or home rule 
charter city must consult with the pipeline owner or operator 
when preparing the plan.  
    (b) A county or statutory or home rule charter city shall 
review and update its plan and supporting documents annually to 
reflect changes in its operations, in the operation of the 
pipeline or LNG facility, or other matters relating to public 
safety.  The annual review, update, and approval of the plan and 
supporting documents must be in accord with the guidance 
provided by the department of public safety, division of 
emergency management.  The director may at any reasonable time 
examine an emergency operations plan required by this section. 
    Sec. 8.  Minnesota Statutes 1990, section 299J.12, 
subdivision 2, is amended to read: 
    Subd. 2.  [INSPECTION FEE.] For interstate pipelines and 
LNG facilities subject to the inspection authority granted under 
sections 299J.01 to 299J.11, the expenses attributable to the 
inspection of each pipeline facility or LNG facility must be 
directly charged to the appropriate pipeline operators on a 
quarterly basis.  The expenses must not include expenses that 
will be reimbursed by the federal government. 
    Sec. 9.  Minnesota Statutes 1990, section 299J.12, 
subdivision 3, is amended to read: 
    Subd. 3.  [SUPPORT COSTS.] The commissioner shall calculate 
the amount of the general support costs of the office of 
pipeline safety for the preceding quarter that is proportionate 
to the amount of time spent by the office in implementing 
sections 299J.01 to 299J.18 and maintaining interstate agent 
status, including the costs incurred in seeking federal 
interstate agent status in the first quarter's calculations.  
The costs incurred in seeking federal interstate agent status 
must include the costs directly attributable to salaries, 
training, and other activities and costs related to obtaining 
interstate agent status, from the time that the request for 
interstate agent status is submitted by the commissioner to the 
United States Department of Transportation, to the time that 
approval of interstate agent status is granted.  The calculated 
support cost must not include expenses that will be reimbursed 
by the federal government.  Each interstate pipeline operator, 
except LNG facility operators, must be assessed on a quarterly 
basis a portion of the calculated support costs equal to the 
percentage of the total miles of pipeline operated by the 
pipeline operator in Minnesota.  LNG facility operators must be 
assessed on a quarterly basis a portion of the calculated 
support costs divided equally between the LNG facilities. 
    Sec. 10.  Minnesota Statutes 1990, section 299J.15, is 
amended to read: 
    299J.15 [DISPOSAL OF PIPELINE PROHIBITED; PENALTY; 
ENFORCEMENT.] 
    Subdivision 1.  [DISPOSAL PROHIBITED.] (a) After an 
emergency release has occurred, a pipeline operator, or its 
employee or agent, may not dispose of, destroy, or alter the 
part of a pipeline or LNG facility that was involved in the 
emergency release until approval is granted by the 
commissioner.  The authority of the commissioner to grant 
approval may not be delegated.  
    (b) This subdivision does not prevent the repair of a 
pipeline in the ground without the approval of the commissioner, 
or the excavation and removal from the ground of a pipeline or 
part of a pipeline without the approval of the commissioner.  
However, the pipeline may not be altered with the intent to 
prevent or hinder a determination of the cause of the emergency 
release. 
    Subd. 2.  [CRIMINAL PENALTY.] A person who knowingly 
violates subdivision 1, or who denies the director or the 
director's designee access to the pipeline or LNG facility for 
the purposes of inspection, is guilty of a felony and may be 
sentenced to imprisonment for not more than five years or to 
payment of a fine of not more than $10,000, or both. 
    Presented to the governor March 30, 1992 
    Signed by the governor April 1, 1992, 4:37 p.m.