Bill Text: MN HF3135 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Railroad and pipeline hazardous material safety and emergency response preparedness provided, and preparedness requirements established.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-04-01 - Author added Loeffler [HF3135 Detail]
Download: Minnesota-2013-HF3135-Engrossed.html
1.2relating to transportation; public safety; environment; providing for railroad
1.3and pipeline hazardous materials safety and emergency response preparedness;
1.4establishing requirements related to preparedness;amending Minnesota
1.5Statutes 2012, sections 115E.01, by adding subdivisions; 115E.08, by adding a
1.6subdivision; proposing coding for new law in Minnesota Statutes, chapter 115E.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 115E.01, is amended by adding a
1.9subdivision to read:
1.10 Subd. 7a. Listed sensitive area. "Listed sensitive area" means an area or location
1.11listed as an area of special economic or environmental importance in an Area Contingency
1.12Plan or a Sub-Area Contingency Plan prepared under the federal Clean Water Act, United
1.13States Code, title 33, section 1321(j)(4).
1.14 Sec. 2. Minnesota Statutes 2012, section 115E.01, is amended by adding a subdivision
1.15to read:
1.16 Subd. 7b. Local incident commander. "Local incident commander" means the
1.17most senior official at the site of a discharge who has the responsibility for controlling
1.18operations at the site, beginning with the senior officer on the first piece of responding
1.19emergency equipment to arrive at the discharge site. As more senior officers arrive at the
1.20discharge site, the position of local incident commander is passed up the line of authority.
1.21 Sec. 3. Minnesota Statutes 2012, section 115E.01, is amended by adding a subdivision
1.22to read:
2.1 Subd. 11d. Unit train. "Unit train" means a train with more than 25 tanker railcars
2.2carrying oil or hazardous substance cargo.
2.3EFFECTIVE DATE.This section is effective the day following final enactment.
2.4 Sec. 4. [115E.042] PREPAREDNESS AND RESPONSE FOR CERTAIN
2.5RAILROADS AND PIPELINES.
2.6 Subdivision 1. Application. In addition to the requirements of section 115E.04,
2.7a person who owns or operates railroad car rolling stock transporting a unit train must
2.8comply with this section. A person who owns or operates pipeline facilities and is required
2.9to show specific preparedness under section 115E.03, subdivision 2, must comply with
2.10this section as applicable and with the provisions of chapters 299F and 299J.
2.11 Subd. 2. Training. (a) Each railroad must offer training to each fire department
2.12having jurisdiction along the route of unit trains. Initial training under this subdivision
2.13must be offered to each fire department by June 30, 2016, and refresher training must be
2.14offered to each fire department at least once every three years thereafter.
2.15(b) The training must address the general hazards of oil and hazardous substances,
2.16techniques to assess hazards to the environment and to the safety of responders and the
2.17public, factors a local incident commander must consider in determining whether to
2.18attempt to suppress a fire or to evacuate the public and emergency responders from an
2.19area, and other strategies for initial response by local emergency responders. The training
2.20must include suggested protocol or practices for local responders to safely accomplish
2.21these tasks.
2.22 Subd. 3. Coordination. Beginning June 30, 2015, each railroad and pipeline
2.23company must communicate at least annually with each county or city emergency
2.24manager and a senior fire department officer of each fire department having jurisdiction
2.25along the route of a unit train or a pipeline to ensure coordination of emergency response
2.26activities between the railroad or pipeline company and local responders.
2.27 Subd. 4. Response capabilities, time limits, drills. (a) Following a discharge, a
2.28railroad or pipeline company must deliver and deploy sufficient equipment and trained
2.29personnel to contain and recover discharged oil or hazardous substances and to protect the
2.30environment and public safety.
2.31(b) Within one hour of a discharge, a railroad or pipeline company must provide a
2.32qualified company employee to advise the local incident commander. The employee may
2.33be made available by telephone, and must be authorized to deploy all necessary response
2.34resources of the railroad or pipeline company.
3.1(c) Within three hours of a discharge, a railroad or pipeline company must be
3.2capable of delivering monitoring equipment and a trained operator to a local incident
3.3commander to assist in protection of responder and public safety. A plan to ensure
3.4delivery of monitoring equipment and an operator to a discharge site must be provided
3.5each year to the commissioner of public safety.
3.6(d) Within three hours of a discharge, a railroad or pipeline company must provide
3.7qualified personnel at a discharge site to assess the discharge and to advise the local
3.8incident commander.
3.9(e) A railroad or pipeline company must be capable of deploying a containment
3.10boom from land across sewer outfalls, creeks, ditches, and other places where oil or
3.11hazardous substances may drain, in order to contain leaked material before it reaches those
3.12resources. The arrangement to provide the containment boom and staff may be made by:
3.13(1) training and caching equipment with local jurisdictions;
3.14(2) training and caching equipment with a fire mutual-aid group;
3.15(3) means of an industry cooperative or mutual-aid group;
3.16(4) deployment of a contractor;
3.17(5) deployment of a response organization under state contract; or
3.18(6) other dependable means acceptable to the Pollution Control Agency.
3.19(f) Each arrangement under paragraph (e) must be confirmed each year. Each
3.20arrangement must be tested by drill at least once every five years.
3.21(g) Within eight hours of a discharge, a railroad or pipeline company must be
3.22capable of delivering and deploying oil spill containment booms, boats, oil recovery
3.23equipment, trained staff, and all other materials needed to provide:
3.24(1) on-site containment and recovery of a volume of oil equal to ten percent of the
3.25calculated worst case discharge at any location along the route; and
3.26(2) protection of listed sensitive areas and potable water intakes within one mile of
3.27a discharge site and within eight hours of water travel time downstream in any river
3.28or stream that the right-of-way intersects.
3.29(h) Within 60 hours of a discharge, a railroad or pipeline company must be capable
3.30of delivering and deploying additional oil spill containment booms, boats, oil recovery
3.31equipment, trained staff, and all other materials needed to provide containment and
3.32recovery of a worst-case oil discharge and to protect listed sensitive areas and potable
3.33water intakes at any location along the route.
3.34(i) Each railroad and pipeline must conduct at least one full-scale oil containment,
3.35recovery, and sensitive area protection drill every three years, at a location and time
3.36chosen by the Pollution Control Agency.
4.1 Subd. 5. Prevention and response plans; approval. (a) By June 30, 2015, a
4.2railroad or pipeline company shall submit the prevention and response plan required under
4.3section 115E.04 as necessary to comply with the requirements of this section, and submit
4.4the plan to the commissioner of the Pollution Control Agency on a form designated by
4.5the commissioner.
4.6(b) By June 30 of every third year following a plan submission under this
4.7subdivision, a railroad and pipeline company must update and resubmit the prevention and
4.8response plan for approval by the commissioner.
4.9EFFECTIVE DATE.Subdivisions 1 to 3 and 5 are effective the day following final
4.10enactment. Subdivision 4 is effective July 1, 2015.
4.11 Sec. 5. Minnesota Statutes 2012, section 115E.08, is amended by adding a subdivision
4.12to read:
4.13 Subd. 3a. Railroad and pipeline preparedness; pollution control. The Pollution
4.14Control Agency shall carry out environmental protection activities related to railroad
4.15and pipeline discharge preparedness. Duties under this subdivision include, but are not
4.16limited to:
4.17(1) assisting local emergency managers and fire officials in understanding the
4.18hazards of oil and hazardous substances, as well as general strategies for containment and
4.19environmental protection;
4.20(2) assisting railroads and pipeline companies to identify natural resources and
4.21sensitive areas, and to devise strategies to contain and recover oil and hazardous
4.22substances from land and waters along routes;
4.23(3) facilitating cooperation between railroad and pipeline companies for mutual aid
4.24arrangements that provide training, staff, and equipment as required by this chapter;
4.25(4) participating in drills and training sessions;
4.26(5) reviewing each railroad and pipeline company's prevention and response plans
4.27for compliance with the requirements of this chapter, and assessing each company's
4.28readiness to protect the environment;
4.29(6) conducting inspections and drills as necessary to determine the railroad or
4.30pipeline company's compliance with the requirements of this chapter and ability to protect
4.31the environment; and
4.32(7) conducting follow-up corrective action directives, orders, and enforcement as
4.33necessary based on a finding of inadequate environmental protection preparedness.
4.34EFFECTIVE DATE.This section is effective the day following final enactment.
1.3and pipeline hazardous materials safety and emergency response preparedness;
1.4establishing requirements related to preparedness;amending Minnesota
1.5Statutes 2012, sections 115E.01, by adding subdivisions; 115E.08, by adding a
1.6subdivision; proposing coding for new law in Minnesota Statutes, chapter 115E.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 115E.01, is amended by adding a
1.9subdivision to read:
1.10 Subd. 7a. Listed sensitive area. "Listed sensitive area" means an area or location
1.11listed as an area of special economic or environmental importance in an Area Contingency
1.12Plan or a Sub-Area Contingency Plan prepared under the federal Clean Water Act, United
1.13States Code, title 33, section 1321(j)(4).
1.14 Sec. 2. Minnesota Statutes 2012, section 115E.01, is amended by adding a subdivision
1.15to read:
1.16 Subd. 7b. Local incident commander. "Local incident commander" means the
1.17most senior official at the site of a discharge who has the responsibility for controlling
1.18operations at the site, beginning with the senior officer on the first piece of responding
1.19emergency equipment to arrive at the discharge site. As more senior officers arrive at the
1.20discharge site, the position of local incident commander is passed up the line of authority.
1.21 Sec. 3. Minnesota Statutes 2012, section 115E.01, is amended by adding a subdivision
1.22to read:
2.1 Subd. 11d. Unit train. "Unit train" means a train with more than 25 tanker railcars
2.2carrying oil or hazardous substance cargo.
2.3EFFECTIVE DATE.This section is effective the day following final enactment.
2.4 Sec. 4. [115E.042] PREPAREDNESS AND RESPONSE FOR CERTAIN
2.5RAILROADS AND PIPELINES.
2.6 Subdivision 1. Application. In addition to the requirements of section 115E.04,
2.7a person who owns or operates railroad car rolling stock transporting a unit train must
2.8comply with this section. A person who owns or operates pipeline facilities and is required
2.9to show specific preparedness under section 115E.03, subdivision 2, must comply with
2.10this section as applicable and with the provisions of chapters 299F and 299J.
2.11 Subd. 2. Training. (a) Each railroad must offer training to each fire department
2.12having jurisdiction along the route of unit trains. Initial training under this subdivision
2.13must be offered to each fire department by June 30, 2016, and refresher training must be
2.14offered to each fire department at least once every three years thereafter.
2.15(b) The training must address the general hazards of oil and hazardous substances,
2.16techniques to assess hazards to the environment and to the safety of responders and the
2.17public, factors a local incident commander must consider in determining whether to
2.18attempt to suppress a fire or to evacuate the public and emergency responders from an
2.19area, and other strategies for initial response by local emergency responders. The training
2.20must include suggested protocol or practices for local responders to safely accomplish
2.21these tasks.
2.22 Subd. 3. Coordination. Beginning June 30, 2015, each railroad and pipeline
2.23company must communicate at least annually with each county or city emergency
2.24manager and a senior fire department officer of each fire department having jurisdiction
2.25along the route of a unit train or a pipeline to ensure coordination of emergency response
2.26activities between the railroad or pipeline company and local responders.
2.27 Subd. 4. Response capabilities, time limits, drills. (a) Following a discharge, a
2.28railroad or pipeline company must deliver and deploy sufficient equipment and trained
2.29personnel to contain and recover discharged oil or hazardous substances and to protect the
2.30environment and public safety.
2.31(b) Within one hour of a discharge, a railroad or pipeline company must provide a
2.32qualified company employee to advise the local incident commander. The employee may
2.33be made available by telephone, and must be authorized to deploy all necessary response
2.34resources of the railroad or pipeline company.
3.1(c) Within three hours of a discharge, a railroad or pipeline company must be
3.2capable of delivering monitoring equipment and a trained operator to a local incident
3.3commander to assist in protection of responder and public safety. A plan to ensure
3.4delivery of monitoring equipment and an operator to a discharge site must be provided
3.5each year to the commissioner of public safety.
3.6(d) Within three hours of a discharge, a railroad or pipeline company must provide
3.7qualified personnel at a discharge site to assess the discharge and to advise the local
3.8incident commander.
3.9(e) A railroad or pipeline company must be capable of deploying a containment
3.10boom from land across sewer outfalls, creeks, ditches, and other places where oil or
3.11hazardous substances may drain, in order to contain leaked material before it reaches those
3.12resources. The arrangement to provide the containment boom and staff may be made by:
3.13(1) training and caching equipment with local jurisdictions;
3.14(2) training and caching equipment with a fire mutual-aid group;
3.15(3) means of an industry cooperative or mutual-aid group;
3.16(4) deployment of a contractor;
3.17(5) deployment of a response organization under state contract; or
3.18(6) other dependable means acceptable to the Pollution Control Agency.
3.19(f) Each arrangement under paragraph (e) must be confirmed each year. Each
3.20arrangement must be tested by drill at least once every five years.
3.21(g) Within eight hours of a discharge, a railroad or pipeline company must be
3.22capable of delivering and deploying oil spill containment booms, boats, oil recovery
3.23equipment, trained staff, and all other materials needed to provide:
3.24(1) on-site containment and recovery of a volume of oil equal to ten percent of the
3.25calculated worst case discharge at any location along the route; and
3.26(2) protection of listed sensitive areas and potable water intakes within one mile of
3.27a discharge site and within eight hours of water travel time downstream in any river
3.28or stream that the right-of-way intersects.
3.29(h) Within 60 hours of a discharge, a railroad or pipeline company must be capable
3.30of delivering and deploying additional oil spill containment booms, boats, oil recovery
3.31equipment, trained staff, and all other materials needed to provide containment and
3.32recovery of a worst-case oil discharge and to protect listed sensitive areas and potable
3.33water intakes at any location along the route.
3.34(i) Each railroad and pipeline must conduct at least one full-scale oil containment,
3.35recovery, and sensitive area protection drill every three years, at a location and time
3.36chosen by the Pollution Control Agency.
4.1 Subd. 5. Prevention and response plans; approval. (a) By June 30, 2015, a
4.2railroad or pipeline company shall submit the prevention and response plan required under
4.3section 115E.04 as necessary to comply with the requirements of this section, and submit
4.4the plan to the commissioner of the Pollution Control Agency on a form designated by
4.5the commissioner.
4.6(b) By June 30 of every third year following a plan submission under this
4.7subdivision, a railroad and pipeline company must update and resubmit the prevention and
4.8response plan for approval by the commissioner.
4.9EFFECTIVE DATE.Subdivisions 1 to 3 and 5 are effective the day following final
4.10enactment. Subdivision 4 is effective July 1, 2015.
4.11 Sec. 5. Minnesota Statutes 2012, section 115E.08, is amended by adding a subdivision
4.12to read:
4.13 Subd. 3a. Railroad and pipeline preparedness; pollution control. The Pollution
4.14Control Agency shall carry out environmental protection activities related to railroad
4.15and pipeline discharge preparedness. Duties under this subdivision include, but are not
4.16limited to:
4.17(1) assisting local emergency managers and fire officials in understanding the
4.18hazards of oil and hazardous substances, as well as general strategies for containment and
4.19environmental protection;
4.20(2) assisting railroads and pipeline companies to identify natural resources and
4.21sensitive areas, and to devise strategies to contain and recover oil and hazardous
4.22substances from land and waters along routes;
4.23(3) facilitating cooperation between railroad and pipeline companies for mutual aid
4.24arrangements that provide training, staff, and equipment as required by this chapter;
4.25(4) participating in drills and training sessions;
4.26(5) reviewing each railroad and pipeline company's prevention and response plans
4.27for compliance with the requirements of this chapter, and assessing each company's
4.28readiness to protect the environment;
4.29(6) conducting inspections and drills as necessary to determine the railroad or
4.30pipeline company's compliance with the requirements of this chapter and ability to protect
4.31the environment; and
4.32(7) conducting follow-up corrective action directives, orders, and enforcement as
4.33necessary based on a finding of inadequate environmental protection preparedness.
4.34EFFECTIVE DATE.This section is effective the day following final enactment.
