HF 4211

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2022 03:41pm

A bill for an act
relating to local government; establishing building permit requirements for new
development located near certain pipelines; proposing coding for new law in
Minnesota Statutes, chapter 462.

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

Section 1.

new text begin [462.376] DEVELOPMENT NEAR PIPELINES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Governing body" means a local unit of government responsible for issuing building
permits in a city, county, or town.
new text end

new text begin (c) "Impacted developer" means a developer of an impacted development.
new text end

new text begin (d) "Impacted development" means a new residential or nonresidential development
located in whole or in part within 1,000 feet of the center point of a natural gas transmission
pipeline that was constructed prior to the construction of the new development.
new text end

new text begin (e) "Natural gas transmission pipeline" means an interstate pipeline, as defined in United
States Code, title 15, section 3301, clause (15).
new text end

new text begin (f) "Pipeline operator" means an operator of a natural gas transmission pipeline.
new text end

new text begin Subd. 2. new text end

new text begin Data and information. new text end

new text begin A governing body shall gather raw National Pipeline
Mapping System (NPMS) geospatial data about the locations of pipelines from the Pipeline
and Hazardous Materials Safety Administration within the United States Department of
Transportation and make this data available to developers.
new text end

new text begin Subd. 3. new text end

new text begin Filing requirements. new text end

new text begin (a) Prior to the commencement of construction, an
impacted developer shall file with the governing body overseeing the area where the impacted
development is located a plat with the following notice: "All reasonable means were used
to obtain information about natural gas transmission pipeline facilities in the area of the
proposed development and pipeline operator(s) were contacted to verify the location of the
pipeline and the pipeline easement. The developer has reviewed, or attempted to review,
preliminary information about the proposed development with the pipeline operator."
new text end

new text begin (b) An impacted developer shall obtain written consent from a pipeline operator to
commence construction on the impacted development and file the written consent with the
governing body overseeing the area where the impacted development is located.
new text end

new text begin (c) A governing body shall compile and maintain the filings required by this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Building permit approval criteria. new text end

new text begin A governing body shall not issue a building
permit to an impacted developer and a building shall not be erected on a lot within the
boundaries of the proposed development unless one of the following three criteria is met:
new text end

new text begin (1) the impacted developer has complied with the requirements of subdivision 3,
paragraph (b);
new text end

new text begin (2) the impacted developer has not received written consent from the pipeline operator,
but has filed with the governing body written correspondence from the pipeline operator
demonstrating that discussions and outreach have occurred; or
new text end

new text begin (3) the impacted developer has filed dated and written correspondence with the governing
body that demonstrates attempts to contact the pipeline operator and that no response has
been received within 180 days of the filing.
new text end

new text begin Subd. 5. new text end

new text begin Notice to pipeline operator. new text end

new text begin (a) A governing body must attempt to notify a
pipeline operator of any impacted development. The governing body must attempt to notify
the pipeline operator no later than at the time of receipt of the filing under subdivision 3 or
180 days prior to the commencement of construction on the impacted development,
whichever is earlier.
new text end

new text begin (b) Upon receiving notice of an impacted development in accordance with this section,
a pipeline operator shall locate and mark the natural gas pipeline facilities and provide
pipeline facility information to the impacted developer by other means such as marking up
design drawings and providing maps.
new text end

new text begin Subd. 6. new text end

new text begin Nonapplicability to excavation notice requirement. new text end

new text begin This section does not
exempt impacted developers or pipeline operators from the excavation system notice
requirements of Gopher State One Call, compiled in chapter 216D.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
Governing bodies have 60 days from the effective date of this section to gather the geospatial
data required in subdivision 2.
new text end