language to be deleted (2) new language
CHAPTER 265-H.F.No. 2792 An act relating to the environment; providing for the indemnification of municipalities participating in household hazardous waste programs; amending Minnesota Statutes 2000, section 115A.96, subdivision 1, by adding a subdivision. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2000, section 115A.96, subdivision 1, is amended to read: Subdivision 1. [DEFINITIONS.] The following definitions apply to this section: (a) "Household" means a single detached dwelling unit or a single unit of a multiple dwelling unit and appurtenant structures. (b) "Household hazardous waste" means waste generated from household activity that exhibits the characteristics of or that is listed as hazardous waste under agency rules, but does not include waste from commercial activities that is generated, stored, or present in a household. (c) "Collection site" means a permanent or temporary designated location with scheduled hours for collection where individuals may bring household hazardous wastes. (d) "Municipality" has the meaning given it in section 466.01, subdivision 1. Sec. 2. Minnesota Statutes 2000, section 115A.96, is amended by adding a subdivision to read: Subd. 7. [INDEMNIFICATION; MUNICIPALITIES.] (a) A municipality, when operating or participating in a household hazardous waste management program pursuant to a contract with the agency under this section or other law, is an employee of the state, certified to be acting within the scope of employment, for purposes of the indemnification provisions of section 3.736, subdivision 9, for claims that arise out of the transportation, management, or disposal of any waste covered by the contract: (1) from and after the time the waste permanently leaves the municipality's possession and comes into the possession of the agency's authorized transporter; and (2) during the time the waste is transported between the municipality's facilities by the agency's authorized transporter. (b) The state is not obligated to defend or indemnify a municipality under this subdivision to the extent of the municipality's liability insurance. The municipality's right to indemnity is not a waiver of the limitations, defenses, and immunities available to either the municipality or the state by law. Sec. 3. [EFFECTIVE DATE.] Sections 1 and 2 are effective the day following final enactment. Presented to the governor March 20, 2002 Signed by the governor March 22, 2002, 2:04 p.m.