HF 4626

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 12:44pm

A bill for an act
relating to public safety; modifying federal pipeline inspection rules for individuals
performing construction or maintenance work; repealing prevailing wage exemption
for broadband workers; making technical corrections; amending Minnesota Statutes
2022, sections 299J.01; 299J.02, by adding a subdivision; 299J.04, subdivision 2;
299J.11; repealing Minnesota Statutes 2022, section 116J.398.

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

Section 1.

Minnesota Statutes 2022, section 299J.01, is amended to read:

299J.01 AUTHORITY OF OFFICE OF PIPELINE SAFETY.

The commissioner of public safety shall, to the extent authorized by agreement with the
United States Secretary of Transportation, act as agent for the United States Secretary of
Transportation to implement the federal Hazardous Liquid Pipeline Safety deleted text begin Act, United
States Code, title 49, sections 2001 to 2014, the federal deleted text end new text begin and new text end Natural Gas Pipeline Safety
deleted text begin Act deleted text end new text begin acts new text end , United States Code, title 49, sections deleted text begin 1671 to 1686 deleted text end new text begin 60101 to 60141 new text end , and federal
pipeline safety regulations with respect to interstate pipelines located within this state. The
commissioner shall, to the extent authorized by federal law, regulate pipelines in the state
as authorized by sections 299J.01 to 299J.17 and 299F.56 to 299F.641.

Sec. 2.

Minnesota Statutes 2022, section 299J.02, is amended by adding a subdivision to
read:

new text begin Subd. 14. new text end

new text begin Utility corridor. new text end

new text begin "Utility corridor" means land that contains access to
above-ground utility infrastructure or an underground facility as defined in section 216D.01,
subdivision 11.
new text end

Sec. 3.

Minnesota Statutes 2022, section 299J.04, subdivision 2, is amended to read:

Subd. 2.

Delegated duties.

(a) The commissioner shall seek and accept federal
designation of the office's pipeline inspectors as federal agents for the purposes of
enforcement of the federal Hazardous Liquid Pipeline Safety deleted text begin Act, United States Code, title
49, sections 2001 to 2014, the federal deleted text end new text begin and new text end Natural Gas Pipeline Safety deleted text begin Act deleted text end new text begin acts new text end , United
States Code, title 49, sections deleted text begin 1671 to 1686 deleted text end new text begin 60101 to 60141 new text end , and federal rules adopted to
implement those acts. The commissioner shall establish and submit to the United States
Secretary of Transportation an inspection program that complies with requirements for
delegated interstate agent inspection authority.

(b) To the extent that federal delegation of interstate agent inspection authority permits,
the inspection program for interstate pipelines and LNG facilities must be the same as the
inspection program for intrastate pipelines and LNG facilities. If the United States Secretary
of Transportation delegates inspection authority to the state as provided in this subdivision,
the commissioner, at a minimum, shall do the following to carry out the delegated federal
authority:

(1) inspect pipelines and LNG facilities periodically as specified in the inspection
program;

(2) collect inspection fees;

(3) order and oversee the testing of pipelines and LNG facilities as authorized by federal
law and regulations; and

(4) file reports with the United States Secretary of Transportation as required to maintain
the delegated inspection authority.

Sec. 4.

Minnesota Statutes 2022, section 299J.11, is amended to read:

299J.11 ADOPTION OF FEDERAL PIPELINE INSPECTION RULES.

new text begin (a) new text end To enable the state to act as an agent of the United States Secretary of Transportation
and to qualify for annual federal certification to enforce the federal pipeline inspection
program authorized by the Hazardous Liquid Pipeline Safety deleted text begin Act, United States Code, title deleted text end
deleted text begin 49, sections 2001 to 2014, the federal deleted text end new text begin and new text end Natural Gas Pipeline Safety deleted text begin Act deleted text end new text begin acts new text end , United
States Code, title 49, sections deleted text begin 1671 to 1686 deleted text end new text begin 60101 to 60141 new text end , and the rules implementing
those acts, the federal pipeline inspection rules and safety standards, and regulations and
standards that may be adopted that amend them, are adopted.

new text begin (b) An individual or contractor performing construction or maintenance work within 20
feet of a utility corridor must comply with the operator qualification rules set forth in Code
of Federal Regulations, title 49, parts 192, subpart N, and 195, subpart G.
new text end

new text begin (c) An individual or contractor performing construction or maintenance work within 20
feet of a utility corridor must comply with the workplace drug and alcohol testing rules set
forth in Code of Federal Regulations, title 49, part 40.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 116J.398, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H4626-1

116J.398 BROADBAND PREVAILING WAGE EXEMPTION.

Notwithstanding any other law to the contrary, section 116J.871 does not apply to a project receiving a grant under section 116J.395 for the construction, installation, remodeling, and repair of last-mile infrastructure, as defined under section 116J.394, paragraph (e).