HF 1275

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/20/2023 04:00pm

A bill for an act
relating to public safety; amending excavation notice requirements; requiring
excavation notice reporting; tying civil penalties for pipeline safety violations to
federal law; amending Minnesota Statutes 2022, sections 216D.03, by adding a
subdivision; 216D.04, subdivisions 1, 3; 216D.05; 299F.60, subdivision 1; 299J.16,
subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 216D.03, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Excavation notice system performance reporting. new text end

new text begin (a) Each operator must
submit a report to the Office of Pipeline Safety, using a form or database entry designated
by the Office of Pipeline Safety, that contains the following information:
new text end

new text begin (1) the total number of notifications, itemized by type;
new text end

new text begin (2) for each notification type, the percentage of notifications marked by the start time
on the notice; and
new text end

new text begin (3) the total number of utility damages, itemized by the cause of the damage.
new text end

new text begin (b) Other than a pipeline operator subject to chapter 299F or 299J, an operator with
fewer than 5,000 notifications received during the previous calendar year is exempt from
the reporting requirement under paragraph (a). An operator with fewer than 50,000
notifications received during the previous calendar year must submit the report under
paragraph (a) annually, and otherwise an operator must submit the report on a quarterly
basis.
new text end

new text begin (c) The commissioner may not use information submitted in a report required under this
subdivision to initiate an enforcement action against an operator or excavator.
new text end

Sec. 2.

Minnesota Statutes 2022, section 216D.04, subdivision 1, is amended to read:

Subdivision 1.

Notice required; contents.

(a) Except in an emergency, an excavator
shall and a land surveyor may contact the notification center and provide notice at least 48
hours, excluding new text begin the date of the notice, new text end Saturdays, Sundays, and holidays and not more than
14 calendar days before beginning any excavation or boundary survey. An excavation or
boundary survey begins, for purposes of this requirement, the first time excavation or a
boundary survey occurs in an area that was not previously identified by the excavator or
land surveyor in the notice.

(b) The notice may be oral or written, and must contain the following information:

(1) the name of the individual providing the notice;

(2) the precise location of the proposed area of excavation or survey;

(3) the name, address, and telephone number of the individual or individual's company;

(4) the field telephone number, if one is available;

(5) the type and extent of the activity;

(6) whether or not the discharge of explosives is anticipated;

(7) the date and time when the excavation or survey is to commence; and

(8) the estimated duration of the activity.

Sec. 3.

Minnesota Statutes 2022, section 216D.04, subdivision 3, is amended to read:

Subd. 3.

Locating underground facility; operator.

(a) Prior to the excavation start
time on the notice, new text begin or an alternate time agreed to in writing between the operator and
excavator, new text end an operator shall locate and mark or otherwise provide the approximate horizontal
location of the underground facilities of the operator and provide readily available information
regarding the operator's abandoned and out-of-service underground facilities as shown on
maps, drawings, diagrams, or other records used in the operator's normal course of business,
without cost to the excavator. The excavator shall determine the precise location of the
underground facility, without damage, before excavating within two feet of the marked
location of the underground facility.

(b) Within 96 hours or the time specified in the notice, whichever is later, after receiving
a notice for boundary survey from the notification center, excluding Saturdays, Sundays,
and holidays, unless otherwise agreed to between the land surveyor and operator, an operator
shall locate and mark or otherwise provide the approximate horizontal location of the
underground facilities of the operator, without cost to the land surveyor.

(c) For the purpose of this section, the approximate horizontal location of the underground
facilities is a strip of land two feet on either side of the underground facilities.

(d) Markers used to designate the approximate location of underground facilities must
follow the current color code standard used by the American Public Works Association.

(e) If the operator cannot complete marking of the excavation or boundary survey area
before the excavation or boundary survey start time stated in the notice, the operator shall
promptly contact the excavator or land surveyor.

(f) After December 31, 1998, operators shall maintain maps, drawings, diagrams, or
other records of any underground facility abandoned or out-of-service after December 31,
1998.

(g) An operator or other person providing information pursuant to this subdivision is
not responsible to any person, for any costs, claims, or damages for information provided
in good faith regarding abandoned, out-of-service, or private or customer-owned underground
facilities.

Sec. 4.

Minnesota Statutes 2022, section 216D.05, is amended to read:

216D.05 PRECAUTIONS TO AVOID DAMAGE.

An excavator deleted text begin shall deleted text end new text begin must new text end :

(1) plan the excavation to avoid damage to and minimize interference with underground
facilities in and near the construction area;

(2) deleted text begin use white markings for proposed excavations except where it can be shown that it
is not practical deleted text end new text begin communicate the location of the proposed excavation in sufficient detail by
performing at least one of the following:
new text end

new text begin (i) white-line the area of a proposed excavation, with white paint, white flags, or both,
before giving notice to the notification system; or
new text end

new text begin (ii) digitally mark the area of a proposed excavation on a map submitted to the notification
center, in a manner that is equivalent to physical markings new text end ;

(3) maintain a clearance between an underground facility and the cutting edge or point
of any mechanized equipment, considering the known limit of control of the cutting edge
or point to avoid damage to the facility;

(4) provide support for underground facilities in and near the construction area, including
during backfill operations, to protect the facilities; and

(5) conduct the excavation in a careful and prudent manner.

Sec. 5.

Minnesota Statutes 2022, section 299F.60, subdivision 1, is amended to read:

Subdivision 1.

Money penalty.

Any person who violates any provision of sections
299F.56 to 299F.641, or any rule issued thereunder, is subject to a civil penalty to be imposed
by the commissioner not to exceed deleted text begin $100,000 for each violation for each day that the violation
persists, except that the maximum civil penalty must not exceed $1,000,000 for any related
series of violations deleted text end new text begin the maximum penalties listed in Code of Federal Regulations, title 49,
part 190, and any successor regulations and standards that may be amended or adopted new text end .

Sec. 6.

Minnesota Statutes 2022, section 299J.16, subdivision 1, is amended to read:

Subdivision 1.

Civil penalty.

(a) A pipeline operator who violates section 299J.07,
subdivision 1, or 299J.15, or the rules of the commissioner implementing those sections,
shall forfeit and pay to the state a civil penalty in an amount to be determined by the court,
up to deleted text begin $100,000 for each day that the operator remains in violation, subject to a maximum
of $1,000,000 for a related series of violations deleted text end new text begin the maximum penalties listed in Code of
Federal Regulations, title 49, part 190, and any successor regulations and standards that
may be amended or adopted new text end .

(b) The penalty provided under this subdivision may be recovered by an action brought
by the attorney general at the request of the commissioner, in the name of the state, in
connection with an action to recover expenses of the director under section 299J.13,
subdivision 4:

(1) in the District Court of Ramsey County; or

(2) in the county of the defendant's residence.