HF 2833

as introduced - 86th Legislature (2009 - 2010) Posted on 02/10/2010 02:50pm

A bill for an act
relating to utilities; modifying wire crossing or paralleling utility line provisions;
amending Minnesota Statutes 2008, section 237.04.

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

Section 1.

Minnesota Statutes 2008, section 237.04, is amended to read:

237.04 WIRE CROSSING OR PARALLELING UTILITY LINE deleted text begin ; RULES deleted text end .

deleted text begin (a) The department shall determine and promulgate reasonable rules covering the
maintenance and operation, also the nature, location, and character of the construction to
be used, where telephone, telegraph, electric light, power, or other electric wires of any
kind, or any natural gas pipelines, cross, or more or less parallel the lines of any railroad,
or any other similar public service corporation; and, to this end, shall formulate and from
time to time, issue general rules covering each class of construction, maintenance, and
operation of such telephone, telegraph, telecommunications, cable, fiber optic, electric
wire, or natural gas pipeline crossing, or paralleling, under the various conditions existing;
and the department, upon the complaint of any person, railroad, municipal utility,
cooperative electric association, telephone company, telecommunications carrier, cable
company, fiber optic carrier, or other public utility claiming to be injuriously affected
or subjected to hazard by any such crossing or paralleling lines constructed or about
to be constructed, shall, after a hearing, make such order and prescribe such terms and
conditions for the construction, maintenance, and operation of the lines in question
as may be just and reasonable.
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end The department may, upon request of any municipal utility, electric
cooperative association, public utility, telephone company, telecommunications carrier,
cable company, or fiber optic carrier determine the just and reasonable charge which a
railroad, or owner of an abandoned railroad right-of-way, other than the state or a regional
railroad authority, can prescribe for a new or existing crossing of a railroad right-of-way
by any telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas line,
or new or existing telephone, telegraph, telecommunications, cable, fiber optic, electric,
or gas line more or less paralleling a railroad right-of-way, based on the diminution in
value caused by the crossing or paralleling of the right-of-way by the telephone, telegraph,
telecommunications, cable, fiber optic, electric, or gas line. This section shall not be
construed to eliminate the right of a public utility, municipal utility, or electric cooperative
association to have any of the foregoing issues determined pursuant to an eminent domain
proceeding commenced under chapter 117. Unless the railroad, or owner of an abandoned
railroad right-of-way, other than the state or a regional railroad authority, asserts in writing
that the proposed crossing or paralleling is a serious threat to the safe operations of the
railroad or to the current use of the railroad right-of-way, a crossing can be constructed
following filing of the requested action with the department, pending review of the
requested action by the department.

deleted text begin (c) deleted text end new text begin (b) new text end The department shall assess the cost of reviewing the requested action, and of
determining a just and reasonable charge, equally among the parties.

deleted text begin (d) deleted text end new text begin (c) new text end For the purposes of this section, "parallel" or "paralleling" means that the
relevant utility facilities run adjacent to and alongside the lines of a railroad for no more
than one mile, or another distance agreed to by the parties, before the utility facilities cross
the railroad lines, terminate, or exit the railroad right-of-way.