Bill Text: MN HF3134 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Railroad and pipeline safety and emergency response preparedness provided for oil and other hazardous materials, powers and duties specified, grant program established, legislative report required, and money appropriated.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2014-04-01 - Author added Loeffler [HF3134 Detail]
Download: Minnesota-2013-HF3134-Engrossed.html
1.2relating to transportation; public safety; providing for railroad and pipeline safety
1.3and emergency response preparedness for oil and other hazardous materials;
1.4specifying powers and duties; establishing a grant program; appropriating
1.5money; requiring legislative report;amending Minnesota Statutes 2012, sections
1.6115E.08, by adding a subdivision; 299F.012; proposing coding for new law
1.7in Minnesota Statutes, chapter 299F.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 115E.08, is amended by adding a
1.10subdivision to read:
1.11 Subd. 3a. Railroad and pipeline preparedness; public safety. The commissioner
1.12of public safety shall carry out public safety protection activities related to railroad and
1.13pipeline spill and discharge preparedness. Duties under this subdivision include, but
1.14are not limited to:
1.15(1) assisting local emergency managers and fire officials to understand the hazards
1.16of oil and hazardous substances, as well as general strategies for hazard identification,
1.17initial isolation, and other actions necessary to ensure public safety;
1.18(2) assisting railroads and pipeline companies to develop suggested protocols and
1.19practices for local first responder use in protecting the public's safety;
1.20(3) facilitating cooperation between railroads, pipeline companies, county and city
1.21emergency managers, and other public safety organizations;
1.22(4) participating in major exercises and training sessions;
1.23(5) assisting local units of government to incorporate railroad and pipeline hazard
1.24and response information into local emergency operations plans;
2.1(6) monitoring the public safety-related training and planning requirements of
2.2section 115E.03; and
2.3(7) referring noncompliance with section 115E.03 to the Pollution Control Agency.
2.4EFFECTIVE DATE.This section is effective the day following final enactment.
2.5 Sec. 2. Minnesota Statutes 2012, section 299F.012, is amended to read:
2.6299F.012 FIRE SAFETY ACCOUNT; OIL AND OTHER HAZARDOUS
2.7MATERIALS.
2.8 Subdivision 1. Authorized programs within department. From the revenues
2.9appropriated from the fire safety account, established under section 297I.06, subdivision
2.103, the commissioner of public safety may expend funds for the activities and programs
2.11identified by the advisory committee established under subdivision 2 and recommended to
2.12the commissioner of public safety. the commissioner shall not expend funds without the
2.13recommendation of the advisory committee established under subdivision 2. These funds
2.14are to be used to provide resources needed for identified activities and programs of the
2.15Minnesota fire service and to ensure the State Fire Marshal Division responsibilities are
2.16fulfilled.
2.17 Subd. 2. Fire Service Advisory Committee. (a) The Fire Service Advisory
2.18Committee shall provide recommendations to the commissioner of public safety on
2.19fire service-related issues and shall consist of representatives of each of the following
2.20organizations: two appointed by the president of the Minnesota State Fire Chiefs
2.21Association, two appointed by the president of the Minnesota State Fire Department
2.22Association, two appointed by the president of the Minnesota Professional Fire Fighters,
2.23two appointed by the president of the League of Minnesota Cities, one appointed by the
2.24president of the Minnesota Association of Townships, one appointed by the president
2.25of the Insurance Federation of Minnesota, one appointed jointly by the presidents of
2.26the Minnesota Chapter of the International Association of Arson Investigators and the
2.27Fire Marshals Association of Minnesota, and the commissioner of public safety or the
2.28commissioner's designee. The commissioner of public safety must ensure that at least
2.29three of the members of the advisory committee work and reside in counties outside of the
2.30seven-county metropolitan area.
2.31(b) The committee shall provide funding recommendations to the commissioner of
2.32public safety from the fire safety fund for the following purposes:
2.33(1) for the Minnesota Board of Firefighter Training and Education;
2.34(2) for programs and staffing for the State Fire Marshal Division;and
3.1(3) for fire-related regional response team programs and any other fire service
3.2programs that have the potential for statewide impact; and
3.3(4) for hazardous incident preparedness grants under subdivision 2a.
3.4 Subd. 2a. Oil and other hazardous materials; hazardous incident preparedness
3.5grant program. (a) The commissioner shall establish a hazardous incident response
3.6preparedness grant program for (1) derailments, discharges, or spills involving trains
3.7carrying oil or other hazardous substances, and (2) pipeline discharge or spills incidents.
3.8In consultation with the advisory committee under subdivision 2, the commissioner shall
3.9establish eligibility requirements, a grant application process, application evaluation
3.10criteria, grant award procedures, funding use requirements, and reporting requirements.
3.11(b) Fire departments and agencies that employ emergency first responders are
3.12eligible to apply for grants under this section.
3.13(c) The commissioner shall award grants following the recommendations of the
3.14advisory committee under subdivision 2.
3.15(d) Permissible uses of funds provided under the program are:
3.16(1) training costs, which may include but is not limited to training curriculum,
3.17trainers, trainee overtime salary, other personnel overtime salary, and tuition;
3.18(2) costs of equipment related to hazardous materials readiness, response, and
3.19management, which may include but is not limited to original purchase, maintenance,
3.20and replacement of equipment;
3.21(3) supplies related to the uses under clauses (1) and (2); and
3.22(4) emergency preparedness planning and coordination.
3.23(e) The commissioner shall make reasonable efforts to (1) establish a streamlined
3.24application process, (2) publicize each solicitation for applications among all eligible
3.25recipients, and (3) provide technical and informational assistance in submitting
3.26applications.
3.27 Subd. 3. Report; accounting; carryover. The commissioner of public safety shall,
3.28by December 1 of each year, (1) provide an accounting of how the funds in the fire safety
3.29account were spent in the preceding fiscal year and (2) report any funds not spent in a fiscal
3.30year to the chairs of the committees of the house of representatives and the senate having
3.31jurisdiction over public safety finance. Money in the account does not cancel but remains
3.32available for expenditures for the programs identified insubdivisions 1 and 2 this section.
3.33 Subd. 4. Legislative intent; fire safety account. The legislature intends that all
3.34money in the fire safety account be appropriated to the commissioner of public safety to
3.35fund the state fire marshal's office and activities and programs under this section.
3.36EFFECTIVE DATE.This section is effective July 1, 2014.
4.1 Sec. 3. [299F.175] RAILROAD AND PIPELINE SAFETY; OIL AND OTHER
4.2HAZARDOUS MATERIALS.
4.3 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
4.4have the meanings given.
4.5(b) "Pipeline company" means any individual, partnership, association, or public
4.6or private corporation required to show specific preparedness under section 115E.03,
4.7subdivision 2.
4.8(c) "Railroad" means a common carrier, as defined under section 218.011, subdivision
4.910, required to show specific preparedness under section 115E.03, subdivision 2.
4.10(d) "Unit train" means a train with more than 25 tanker railcars carrying oil, as
4.11defined in section 115E.01, subdivision 8, or hazardous substance, as defined in section
4.12115B.02, subdivision 8.
4.13 Subd. 2. Assessments. (a) The commissioner of public safety shall assess each
4.14railroad and pipeline company. The assessment must be in equal amounts for each day of
4.15the fiscal year. The commissioner shall deposit funds collected under this subdivision in
4.16the fire safety account under section 297I.06, subdivision 3.
4.17(b) The total annual assessment amount is $2,500,000.
4.18(c) The assessment for each railroad is 50 percent of the total annual assessment
4.19amount, divided in equal proportion between common carriers based on route miles
4.20operated in Minnesota. The assessment for each pipeline company is 50 percent of the
4.21total annual assessment amount, divided in equal proportion between companies based on
4.22the yearly aggregate gallons of oil or hazardous materials transported in Minnesota.
4.23EFFECTIVE DATE.Subdivision 1 is effective the day following final enactment.
4.24Subdivision 2 is effective July 1, 2014.
4.25 Sec. 4. LEGISLATIVE REPORT ON INCIDENT PREPAREDNESS FOR OIL
4.26AND OTHER HAZARDOUS MATERIALS TRANSPORTATION BY RAIL AND
4.27PIPELINE.
4.28By January 15, 2015, the commissioner of public safety shall submit a report on
4.29incident and emergency response preparedness for oil and other hazardous materials
4.30transported by rail and pipeline to the chairs and ranking minority members of the
4.31legislative committees with jurisdiction over transportation and public safety policy and
4.32finance. At a minimum, the report must:
4.33(1) summarize the preparedness and emergency response framework in the state;
5.1(2) provide an assessment of costs and needs of fire departments and other
5.2emergency first responders for training and equipment to respond to discharge or spill
5.3incidents involving oil and other hazardous materials transported by rail and pipeline; and
5.4(3) provide recommendations for any legislative changes.
5.5 Sec. 5. APPROPRIATIONS; HAZARDOUS INCIDENT PREPAREDNESS
5.6PROGRAM.
5.7(a) $2,500,000 is appropriated in fiscal year 2015 from the general fund to the
5.8commissioner of public safety for the hazardous incident preparedness grant program under
5.9Minnesota Statutes, section 299F.012, subdivision 2a. This is a onetime appropriation.
5.10(b) The amount in the fire safety account under Minnesota Statutes, section 297I.06,
5.11subdivision 3, collected under Minnesota Statutes, section 299F.175, subdivision 2, for
5.12fiscal year 2015 is appropriated in fiscal year 2015 from that account to the commissioner
5.13of public safety for the hazardous incident preparedness grant program under Minnesota
5.14Statutes, section 299F.012, subdivision 2a. This is a onetime appropriation.
5.15EFFECTIVE DATE.This section is effective July 1, 2014.
1.3and emergency response preparedness for oil and other hazardous materials;
1.4specifying powers and duties; establishing a grant program; appropriating
1.5money; requiring legislative report;amending Minnesota Statutes 2012, sections
1.6115E.08, by adding a subdivision; 299F.012; proposing coding for new law
1.7in Minnesota Statutes, chapter 299F.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 115E.08, is amended by adding a
1.10subdivision to read:
1.11 Subd. 3a. Railroad and pipeline preparedness; public safety. The commissioner
1.12of public safety shall carry out public safety protection activities related to railroad and
1.13pipeline spill and discharge preparedness. Duties under this subdivision include, but
1.14are not limited to:
1.15(1) assisting local emergency managers and fire officials to understand the hazards
1.16of oil and hazardous substances, as well as general strategies for hazard identification,
1.17initial isolation, and other actions necessary to ensure public safety;
1.18(2) assisting railroads and pipeline companies to develop suggested protocols and
1.19practices for local first responder use in protecting the public's safety;
1.20(3) facilitating cooperation between railroads, pipeline companies, county and city
1.21emergency managers, and other public safety organizations;
1.22(4) participating in major exercises and training sessions;
1.23(5) assisting local units of government to incorporate railroad and pipeline hazard
1.24and response information into local emergency operations plans;
2.1(6) monitoring the public safety-related training and planning requirements of
2.2section 115E.03; and
2.3(7) referring noncompliance with section 115E.03 to the Pollution Control Agency.
2.4EFFECTIVE DATE.This section is effective the day following final enactment.
2.5 Sec. 2. Minnesota Statutes 2012, section 299F.012, is amended to read:
2.6299F.012 FIRE SAFETY ACCOUNT; OIL AND OTHER HAZARDOUS
2.7MATERIALS.
2.8 Subdivision 1. Authorized programs within department. From the revenues
2.9appropriated from the fire safety account, established under section 297I.06, subdivision
2.103, the commissioner of public safety may expend funds for the activities and programs
2.11identified by the advisory committee established under subdivision 2 and recommended to
2.12the commissioner of public safety. the commissioner shall not expend funds without the
2.13recommendation of the advisory committee established under subdivision 2. These funds
2.14are to be used to provide resources needed for identified activities and programs of the
2.15Minnesota fire service and to ensure the State Fire Marshal Division responsibilities are
2.16fulfilled.
2.17 Subd. 2. Fire Service Advisory Committee. (a) The Fire Service Advisory
2.18Committee shall provide recommendations to the commissioner of public safety on
2.19fire service-related issues and shall consist of representatives of each of the following
2.20organizations: two appointed by the president of the Minnesota State Fire Chiefs
2.21Association, two appointed by the president of the Minnesota State Fire Department
2.22Association, two appointed by the president of the Minnesota Professional Fire Fighters,
2.23two appointed by the president of the League of Minnesota Cities, one appointed by the
2.24president of the Minnesota Association of Townships, one appointed by the president
2.25of the Insurance Federation of Minnesota, one appointed jointly by the presidents of
2.26the Minnesota Chapter of the International Association of Arson Investigators and the
2.27Fire Marshals Association of Minnesota, and the commissioner of public safety or the
2.28commissioner's designee. The commissioner of public safety must ensure that at least
2.29three of the members of the advisory committee work and reside in counties outside of the
2.30seven-county metropolitan area.
2.31(b) The committee shall provide funding recommendations to the commissioner of
2.32public safety from the fire safety fund for the following purposes:
2.33(1) for the Minnesota Board of Firefighter Training and Education;
2.34(2) for programs and staffing for the State Fire Marshal Division;
3.1(3) for fire-related regional response team programs and any other fire service
3.2programs that have the potential for statewide impact; and
3.3(4) for hazardous incident preparedness grants under subdivision 2a.
3.4 Subd. 2a. Oil and other hazardous materials; hazardous incident preparedness
3.5grant program. (a) The commissioner shall establish a hazardous incident response
3.6preparedness grant program for (1) derailments, discharges, or spills involving trains
3.7carrying oil or other hazardous substances, and (2) pipeline discharge or spills incidents.
3.8In consultation with the advisory committee under subdivision 2, the commissioner shall
3.9establish eligibility requirements, a grant application process, application evaluation
3.10criteria, grant award procedures, funding use requirements, and reporting requirements.
3.11(b) Fire departments and agencies that employ emergency first responders are
3.12eligible to apply for grants under this section.
3.13(c) The commissioner shall award grants following the recommendations of the
3.14advisory committee under subdivision 2.
3.15(d) Permissible uses of funds provided under the program are:
3.16(1) training costs, which may include but is not limited to training curriculum,
3.17trainers, trainee overtime salary, other personnel overtime salary, and tuition;
3.18(2) costs of equipment related to hazardous materials readiness, response, and
3.19management, which may include but is not limited to original purchase, maintenance,
3.20and replacement of equipment;
3.21(3) supplies related to the uses under clauses (1) and (2); and
3.22(4) emergency preparedness planning and coordination.
3.23(e) The commissioner shall make reasonable efforts to (1) establish a streamlined
3.24application process, (2) publicize each solicitation for applications among all eligible
3.25recipients, and (3) provide technical and informational assistance in submitting
3.26applications.
3.27 Subd. 3. Report; accounting; carryover. The commissioner of public safety shall,
3.28by December 1 of each year, (1) provide an accounting of how the funds in the fire safety
3.29account were spent in the preceding fiscal year and (2) report any funds not spent in a fiscal
3.30year to the chairs of the committees of the house of representatives and the senate having
3.31jurisdiction over public safety finance. Money in the account does not cancel but remains
3.32available for expenditures for the programs identified in
3.33 Subd. 4. Legislative intent; fire safety account. The legislature intends that all
3.34money in the fire safety account be appropriated to the commissioner of public safety to
3.35fund the state fire marshal's office and activities and programs under this section.
3.36EFFECTIVE DATE.This section is effective July 1, 2014.
4.1 Sec. 3. [299F.175] RAILROAD AND PIPELINE SAFETY; OIL AND OTHER
4.2HAZARDOUS MATERIALS.
4.3 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
4.4have the meanings given.
4.5(b) "Pipeline company" means any individual, partnership, association, or public
4.6or private corporation required to show specific preparedness under section 115E.03,
4.7subdivision 2.
4.8(c) "Railroad" means a common carrier, as defined under section 218.011, subdivision
4.910, required to show specific preparedness under section 115E.03, subdivision 2.
4.10(d) "Unit train" means a train with more than 25 tanker railcars carrying oil, as
4.11defined in section 115E.01, subdivision 8, or hazardous substance, as defined in section
4.12115B.02, subdivision 8.
4.13 Subd. 2. Assessments. (a) The commissioner of public safety shall assess each
4.14railroad and pipeline company. The assessment must be in equal amounts for each day of
4.15the fiscal year. The commissioner shall deposit funds collected under this subdivision in
4.16the fire safety account under section 297I.06, subdivision 3.
4.17(b) The total annual assessment amount is $2,500,000.
4.18(c) The assessment for each railroad is 50 percent of the total annual assessment
4.19amount, divided in equal proportion between common carriers based on route miles
4.20operated in Minnesota. The assessment for each pipeline company is 50 percent of the
4.21total annual assessment amount, divided in equal proportion between companies based on
4.22the yearly aggregate gallons of oil or hazardous materials transported in Minnesota.
4.23EFFECTIVE DATE.Subdivision 1 is effective the day following final enactment.
4.24Subdivision 2 is effective July 1, 2014.
4.25 Sec. 4. LEGISLATIVE REPORT ON INCIDENT PREPAREDNESS FOR OIL
4.26AND OTHER HAZARDOUS MATERIALS TRANSPORTATION BY RAIL AND
4.27PIPELINE.
4.28By January 15, 2015, the commissioner of public safety shall submit a report on
4.29incident and emergency response preparedness for oil and other hazardous materials
4.30transported by rail and pipeline to the chairs and ranking minority members of the
4.31legislative committees with jurisdiction over transportation and public safety policy and
4.32finance. At a minimum, the report must:
4.33(1) summarize the preparedness and emergency response framework in the state;
5.1(2) provide an assessment of costs and needs of fire departments and other
5.2emergency first responders for training and equipment to respond to discharge or spill
5.3incidents involving oil and other hazardous materials transported by rail and pipeline; and
5.4(3) provide recommendations for any legislative changes.
5.5 Sec. 5. APPROPRIATIONS; HAZARDOUS INCIDENT PREPAREDNESS
5.6PROGRAM.
5.7(a) $2,500,000 is appropriated in fiscal year 2015 from the general fund to the
5.8commissioner of public safety for the hazardous incident preparedness grant program under
5.9Minnesota Statutes, section 299F.012, subdivision 2a. This is a onetime appropriation.
5.10(b) The amount in the fire safety account under Minnesota Statutes, section 297I.06,
5.11subdivision 3, collected under Minnesota Statutes, section 299F.175, subdivision 2, for
5.12fiscal year 2015 is appropriated in fiscal year 2015 from that account to the commissioner
5.13of public safety for the hazardous incident preparedness grant program under Minnesota
5.14Statutes, section 299F.012, subdivision 2a. This is a onetime appropriation.
5.15EFFECTIVE DATE.This section is effective July 1, 2014.
