Minnesota Session Laws - 2002, Regular Session

                            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.