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.50, 
  1.5             subdivision 1; 299A.51, subdivisions 1, 2; repealing 
  1.6             Minnesota Statutes 2002, sections 299A.50, 
  1.7             subdivisions 2, 3; Minnesota Rules, parts 7514.0100; 
  1.8             7514.0200; 7514.0300; 7514.0400; 7514.0500; 7514.0600; 
  1.9             7514.0700; 7514.0800; 7514.0900; 7514.1000; 7514.1100; 
  1.10            7514.1200; 7514.1300; 7514.1400; 7514.1500; 7514.1600; 
  1.11            7514.1700; 7514.1800; 7514.1900; 7514.2000. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2002, section 299A.49, 
  1.14  subdivision 2, is amended to read: 
  1.15     Subd. 2.  [CHEMICAL ASSESSMENT TEAM.] "Chemical assessment 
  1.16  team" means a team (1) trained ~~and~~, equipped, and authorized to 
  1.17  evaluate and mitigate a hazardous materials incident and (2) 
  1.18  required to recommend to the local incident manager the best 
  1.19  means of controlling the hazard after consideration of life 
  1.20  safety concerns, environmental effects, exposure hazards, 
  1.21  quantity and type of hazardous material, availability of ~~local~~ 
  1.22  resources, or other relevant factors. 
  1.23     Sec. 2.  Minnesota Statutes 2002, section 299A.49, 
  1.24  subdivision 4, is amended to read: 
  1.25     Subd. 4.  [HAZARDOUS MATERIALS.] "Hazardous materials" 
  1.26  means substances or materials that, because of their chemical, 
  1.27  physical, or biological nature, pose a potential risk to life, 
  1.28  health, or property if they are released.  "Hazardous materials" 
  2.1   includes any substance or material in a particular form or 
  2.2   quantity that may pose an unreasonable risk to health, safety, 
  2.3   and property, or any substance or material in a quantity or form 
  2.4   that may be harmful to humans, animals, crops, water systems, or 
  2.5   other elements of the environment if accidentally or 
  2.6   intentionally released.  Hazardous substances so designated may 
  2.7   include explosives, radioactive materials, etiologic agents, 
  2.8   flammable liquids or solids, combustible liquids or solids, 
  2.9   poisons, oxidizing or corrosive materials, chemical and 
  2.10  biological substances, and toxic or flammable gases. 
  2.11     Sec. 3.  Minnesota Statutes 2002, section 299A.50, 
  2.12  subdivision 1, is amended to read: 
  2.13     Subdivision 1.  [ELEMENTS OF PLAN; RULES.] ~~After~~ 
  2.14  ~~consultation with the commissioners of natural resources,~~ 
  2.15  ~~agriculture, transportation, and the pollution control agency,~~ 
  2.16  ~~the state fire marshal, the emergency response commission,~~ 
  2.17  ~~appropriate technical emergency response representatives, and~~ 
  2.18  ~~representatives of affected parties,~~ The commissioner ~~shall~~ may 
  2.19  adopt rules to ~~implement~~ maintain a statewide hazardous 
  2.20  materials incident response plan.  ~~The plan must include:~~ 
  2.21     ~~(1) the locations of up to five regional hazardous~~ 
  2.22  ~~materials response teams, based on the location of hazardous~~ 
  2.23  ~~materials, response time, proximity to large population centers,~~ 
  2.24  ~~and other factors;~~ 
  2.25     ~~(2) the number and qualifications of members on each team;~~ 
  2.26     ~~(3) the responsibilities of regional hazardous materials~~ 
  2.27  ~~response teams;~~ 
  2.28     ~~(4) equipment needed for regional hazardous materials~~ 
  2.29  ~~response teams;~~ 
  2.30     ~~(5) procedures for selecting and contracting with local~~ 
  2.31  ~~governments or nonpublic persons to establish regional hazardous~~ 
  2.32  ~~materials response teams;~~ 
  2.33     ~~(6) procedures for dispatching teams at the request of~~ 
  2.34  ~~local governments;~~ 
  2.35     ~~(7) a fee schedule for reimbursing local governments or~~ 
  2.36  ~~nonpublic persons responding to an incident; and~~ 
  3.1      ~~(8) coordination with other state departments and agencies,~~ 
  3.2   ~~local units of government, other states, Indian tribes, the~~ 
  3.3   ~~federal government, and other nonpublic persons.~~ 
  3.4      Sec. 4.  Minnesota Statutes 2002, section 299A.51, 
  3.5   subdivision 1, is amended to read: 
  3.6      Subdivision 1.  [LIABILITY.] During operations authorized 
  3.7   under section 299A.50, members of a regional hazardous materials 
  3.8   ~~response~~ team operating outside their geographic jurisdiction 
  3.9   are "employees of the state" as defined in section 3.736. 
  3.10     Sec. 5.  Minnesota Statutes 2002, section 299A.51, 
  3.11  subdivision 2, is amended to read: 
  3.12     Subd. 2.  [WORKERS' COMPENSATION.] During operations 
  3.13  authorized under section 299A.50, members of a regional 
  3.14  hazardous materials ~~response~~ team operating outside their 
  3.15  geographic jurisdiction are considered employees of the 
  3.16  department of public safety for purposes of chapter 176. 
  3.17     Sec. 6.  [REPEALER.] 
  3.18     (a) Minnesota Statutes 2002, section 299A.50, subdivisions 
  3.19  2 and 3, are repealed. 
  3.20     (b) Minnesota Rules, parts 7514.0100; 7514.0200; 7514.0300; 
  3.21  7514.0400; 7514.0500; 7514.0600; 7514.0700; 7514.0800; 
  3.22  7514.0900; 7514.1000; 7514.1100; 7514.1200; 7514.1300; 
  3.23  7514.1400; 7514.1500; 7514.1600; 7514.1700; 7514.1800; 
  3.24  7514.1900; and 7514.2000, are repealed.