HF 1042

as introduced - 90th Legislature (2017 - 2018) Posted on 02/13/2017 01:29pm

A bill for an act
relating to health; establishing a cooling tower registry administered by the
commissioner of health; authorizing the commissioner of health to assess
administrative penalties; classifying certain data; appropriating money; amending
Minnesota Statutes 2016, section 13.411, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 13.411, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Cooling tower registry data. new text end

new text begin Classification of and access to data collected
and maintained by the commissioner of health related to the operation of the cooling tower
registry are governed by section 144.3805, subdivision 9.
new text end

Sec. 2.

new text begin [144.3805] COOLING TOWER REGISTRY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Commissioner" means the commissioner of health.
new text end

new text begin (c) "Cooling tower" means a cooling tower, evaporative condenser, or fluid cooler that:
new text end

new text begin (1) is part of a recirculated water system incorporated into a building's cooling, industrial
process, refrigeration, or energy production system;
new text end

new text begin (2) extracts heat from the system through the evaporation of water; and
new text end

new text begin (3) releases water vapor and water droplets out of the top of the tower into the atmosphere.
new text end

new text begin (d) "Owner" means a person who has any legal or equitable interest in a building or
facility.
new text end

new text begin Subd. 2. new text end

new text begin Registry established. new text end

new text begin The commissioner shall establish and maintain a registry
of all cooling towers in operation in the state. The registry shall be used to aid the
commissioner in investigating confirmed or suspected cases of legionellosis or other illnesses
caused by bacteria by identifying potential sources of Legionella or other disease-causing
bacteria, and in testing these potential sources to determine whether Legionella or other
disease-causing bacteria are present. The commissioner shall establish registration forms
and procedures.
new text end

new text begin Subd. 3. new text end

new text begin Registration required. new text end

new text begin (a) No later than 90 days after the effective date of this
section, an owner of a building or facility located in the state that contains an operating
cooling tower shall register the cooling tower with the commissioner. An owner of a building
or facility located in the state that contains a cooling tower that begins operation after the
effective date of this section shall register the cooling tower with the commissioner no later
than 30 days after the cooling tower begins operation.
new text end

new text begin (b) An owner registering a cooling tower according to paragraph (a) shall submit to the
commissioner:
new text end

new text begin (1) the address of the building or facility at which the cooling tower is located;
new text end

new text begin (2) the intended use of the cooling tower;
new text end

new text begin (3) the name and contact information for the owner of the building or facility at which
the cooling tower is located;
new text end

new text begin (4) the manufacturer of the cooling tower;
new text end

new text begin (5) the model number and specific unit serial number of the cooling tower;
new text end

new text begin (6) the cooling capacity of the cooling tower;
new text end

new text begin (7) the basin capacity of the cooling tower;
new text end

new text begin (8) the commissioning date of the cooling tower; and
new text end

new text begin (9) a registration fee of $......., which shall be deposited in the state government special
revenue fund in the state treasury.
new text end

new text begin Subd. 4. new text end

new text begin Inspection, maintenance, and cleaning procedures and schedules. new text end

new text begin The owner
of a cooling tower registered under this section must maintain the current inspection,
maintenance, and cleaning procedures and schedules utilized for the cooling tower, and
must provide these procedures and schedules to the commissioner upon request.
new text end

new text begin Subd. 5. new text end

new text begin Exemption. new text end

new text begin This section does not apply to a cooling tower that condenses
steam produced by boiling water to generate electricity.
new text end

new text begin Subd. 6. new text end

new text begin Permanently removed from operation. new text end

new text begin The owner of a building or facility
that contains a cooling tower registered under subdivision 3 shall notify the commissioner
no later than 30 days after permanently removing the cooling tower from operation. This
subdivision does not apply to a cooling tower that is periodically or temporarily removed
from operation.
new text end

new text begin Subd. 7. new text end

new text begin Administrative penalty. new text end

new text begin Using the procedures in section 144.991, the
commissioner shall assess an administrative penalty of up to $1,500 on an owner who is
required to register a cooling tower under subdivision 3 and who:
new text end

new text begin (1) fails to register the cooling tower within the time period required in subdivision 3,
paragraph (a); or
new text end

new text begin (2) fails to submit all of the information or the registration fee required in subdivision
3, paragraph (b).
new text end

new text begin Subd. 8. new text end

new text begin Liability. new text end

new text begin Failure to comply with this section is not prima facie evidence of
negligence.
new text end

new text begin Subd. 9. new text end

new text begin Data classification. new text end

new text begin Data collected and maintained by the commissioner under
this section is classified as licensing data governed by section 13.41. The commissioner
may share data collected and maintained under this section with other state agencies only
as necessary to facilitate the operation of the cooling tower registry or conduct investigations
of legionellosis or other illnesses caused by bacteria.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... for the 2018-2019 biennium is appropriated from the state government special
revenue fund to the commissioner of health to operate the cooling tower registry under
Minnesota Statutes, section 144.3805.
new text end