Minnesota Legislature
HF 2717
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/08/2023 09:36am
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| Introduction | Posted on 03/07/2023 |
Current Version - as introduced
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A bill for an act
relating to utilities; modifying provisions governing the excavation notice system;
amending Minnesota Statutes 2022, sections 216D.01, subdivision 12, by adding
a subdivision; 216D.03, subdivision 2, by adding a subdivision; 216D.04,
subdivisions 1a, 3, 4; 216D.05; 216D.06, subdivisions 2, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 216D.01, is amended by adding a subdivision
to read:
new text begin Subd. 7a. new text end
new text begin Locate. new text end
new text begin
"Locate" means the marking of an approximate horizontal location
of an underground facility, as defined in subdivision 11, including the marking of: (1) bends,
nipples, blowoffs, and structures; and (2) handholes, manholes, pedestals, or other extensions
of an underground facility within a plus or minus two-foot tolerance requirement.
new text end
Sec. 2.
Minnesota Statutes 2022, section 216D.01, subdivision 12, is amended to read:
Subd. 12.
Utility quality level.
"Utility quality level" means a professional opinion
about the quality and reliability of utility information. There are four levels of utility quality
information, ranging from the most precise and reliable, level A, to the least precise and
reliable, level D. The utility quality level must be determined in accordance with guidelines
established by the Construction Institute of the American Society of Civil Engineers in
document CI/ASCE deleted text begin 38-02deleted text end new text begin 38-22new text end entitled "Standard Guidelines for the Collection and
Depiction of Existing Subsurface Utility Data."
Sec. 3.
Minnesota Statutes 2022, section 216D.03, subdivision 2, is amended to read:
Subd. 2.
Establishment of notification center; rules.
(a) The notification center services
must be provided by a nonprofit corporation approved in writing by the commissioner. The
nonprofit corporation must be governed by a board of directors of up to 20 members, one
of whom is the director of the Office of Pipeline Safetynew text begin and one of whom is the executive
secretary of the Public Utilities Commissionnew text end . The other board members must deleted text begin represent anddeleted text end
be elected by operators, excavators, and other persons eligible to participate in the center.
In deciding to approve a nonprofit corporation, the commissioner shall consider whether it
meets the requirements of this paragraph and whether it demonstrates that it has the ability
to contract for and implement the notification center service.
(b) The commissioner shall adopt rules:
(1) establishing a notification process and competitive bidding procedure for selecting
a vendor to provide the notification service;
(2) governing the operating procedures and technology needed for a statewide notification
center; and
(3) setting forth the method for assessing the cost of the service among operators.
(c) The commissioner shall select a vendor to provide the notification center service.
The commissioner may advertise for bids as provided in section 16C.06, subdivisions 1 and
2, and base the selection of a vendor on best value as provided in section 16C.06, subdivision
6. The commissioner shall select and contract with the vendor to provide the notification
center service, but all costs of the center must be paid by the operators. The commissioner
may at any time appoint a task force to advise on the renewal of the contract or any other
matter involving the center's operations.
(d) An operator may submit a bid and be selected to contract to provide the notification
center service under paragraph (a) or (c). The commissioner shall annually review the
services provided by the nonprofit corporation approved under paragraph (a) or the vendor
selected under paragraph (c).
Sec. 4.
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 Performance reporting. new text end
new text begin
(a) The notification center must establish and maintain
an electronic system for stakeholders to report complaints, damages, delays, and other issues
related to an underground facility.
new text end
new text begin
(b) The notification center must provide a quarterly report to the commissioner and each
utility operator, and make the report available on the notification center's public website.
The report must include:
new text end
new text begin
(1) the number of notifications, categorized by type;
new text end
new text begin
(2) the percentage of normal tickets, with the electronic status marked by the notification's
start time;
new text end
new text begin
(3) the number of damages, categorized by the cause of the damage;
new text end
new text begin
(4) the number of complaints received related to underground facility locations; and
new text end
new text begin
(5) any other information determined by the commissioner or notification center board
of directors.
new text end
new text begin
(c) The notification center must publish an annual report that summarizes the operator
performance reporting as collected in each quarterly report.
new text end
new text begin
(d) The notification center's board of directors must make recommendations to the
commissioner for stakeholder improvements.
new text end
Sec. 5.
Minnesota Statutes 2022, section 216D.04, subdivision 1a, is amended to read:
Subd. 1a.
Plans for excavation.
(a) Any person, prior to soliciting bids or entering into
a contract for excavation, shall provide a proposed notice to the notification center to obtain
from the affected operators of underground facilities the type, size, and general location of
underground facilities. Affected operators shall provide the informationnew text begin , as established in
section 216D.01, subdivision 12, for utility quality levelnew text end within 15 working days. An operator
who provides information to a person who is not a unit of government may indicate any
portions of the information which are proprietary and may require the person to provide
appropriate confidentiality protection. The information obtained from affected operators
must be submitted on the final drawing used for the bid or contract and must depict the
utility quality level of that information. This information must be updated not more than 90
days before completion of the final drawing used for the bid or contract.
(b) This subdivision does not apply to bids and contracts for:
(1) routine maintenance of underground facilities or installation, maintenance, or repair
of service lines;
(2) excavation for operators of underground facilities performed on a unit of work or
similar basis; or
(3) excavation for home construction and projects by home owners.
(c) A person required by this section to show existing underground facilities on its
drawings shall conduct one or more preliminary design meetings during the design phase
to communicate the project designnew text begin , project scope and timeline,new text end and coordinate utility
relocation. Affected facility operators shall attend these meetings deleted text begin or make other arrangements
todeleted text end new text begin andnew text end providenew text begin project start dates, durationnew text end informationnew text begin , and scope of worknew text end .
(d) A person required by this section to show existing underground facilities on its
drawings shall conduct one or more preconstruction meetings to communicate the project
designnew text begin , project scope and timeline,new text end and coordinate utility relocation. Affected facility
operators and contractors deleted text begin shalldeleted text end new text begin mustnew text end attend these meetings deleted text begin or make other arrangements to
provide informationdeleted text end .
(e) This subdivision does not affect the obligation to provide a notice of excavation as
required under subdivision 1.
Sec. 6.
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, 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 approximatenew text begin horizontalnew text end location of underground
facilities mustnew text begin be a flag, or flags thatnew text end follow the current color code standard used by the
American Public Works Associationnew text begin , and must indicate the name of the operator. If the
surface being marked is hard, markers that are not flags may be used but must comply with
the color code standardnew text end .
(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.
new text begin
(h) On or after January 1, 2025, operators must use a global positioning system or an
equivalent technology to develop as-built drawings of newly installed, improved, or repaired
facilities.
new text end
Sec. 7.
Minnesota Statutes 2022, section 216D.04, subdivision 4, is amended to read:
Subd. 4.
Locating underground facility; excavator or land surveyor.
(a) The excavator
or land surveyor shall determine the precise location of the underground facility, without
damage, before excavating within two feet on either side of the marked location of the
underground facility.
(b) If the excavator or land surveyor cancels the excavation or boundary survey, the
excavator or land surveyor shall cancel the notice through the notification center.
(c) The notice is valid for deleted text begin 14deleted text end new text begin 21new text end calendar days from the start time stated on the notice.
If the activity will continue after the expiration time, then the person responsible for the
activity shall serve an additional notice at least 48 hours, excluding Saturdays, Sundays,
and holidays, before the expiration time of the original notice, unless the excavator makes
arrangements with the operators affected to periodically verify or refresh the marks, in
which case the notice is valid for six months from the start time stated on the notice.
(d) The excavator is responsible for reasonably protecting and preserving the marks until
no longer required for proper and safe excavation near the underground facility. If the
excavator has reason to believe the marks are obliterated, obscured, missing, or incorrect,
the excavator shall notify the facility operator or notification center in order to have an
operator verify or refresh the marks.
Sec. 8.
Minnesota Statutes 2022, section 216D.05, is amended to read:
216D.05 PRECAUTIONS TO AVOID DAMAGE.
An excavator shall:
(1) plan the excavation to avoid damage to and minimize interference with underground
facilities in and near the construction area;
(2) usenew text begin physical or digitalnew text end white markings for proposed excavations except where it can
be shown that it is not practical;
(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. 9.
Minnesota Statutes 2022, section 216D.06, subdivision 2, is amended to read:
Subd. 2.
Cost reimbursement.
(a) If an excavator damages an underground facility,
the excavator shall reimburse the operator for the cost of necessary repairs, and for a pipeline
the cost of the product that was being carried in the pipeline and was lost as a direct result
of the damage.
(b) Reimbursement is not required if the damage to the underground facility was caused
by the sole negligence of the operator or the operator failed to comply with section 216D.04,
subdivision 3.
new text begin
(c) A person or agency is prohibited from entering into an excavation contract that
requires an excavator to bear the costs of downtime directly related to utility work when
the excavator is not at fault for the delays. The utility owner responsible for the delay is
responsible for the cost of the delay in the amount provided for civil penalties under section
216D.08, subdivision 1.
new text end
Sec. 10.
Minnesota Statutes 2022, section 216D.06, subdivision 3, is amended to read:
Subd. 3.
Prima facie evidence of negligence.
new text begin (a) new text end It is prima facie evidence of the
excavator's negligence in a civil court action if damage to the underground facilities of an
operator resulted from excavation, and the excavator failed to give an excavation notice
under section 216D.04 or provide support as required by section 216D.05.
new text begin
(b) It is prima facie evidence of the operator's negligence in a civil court action if damage
to an operator's underground facilities resulted from the operator's failure to comply with
section 216D.04, subdivisions 1 to 3.
new text end
new text begin
(c) It is prima facie evidence of negligence by the person soliciting bids or entering into
a contract for excavation in a civil court action if damage to an operator's underground
facilities resulted from the person's failure to comply with section 216D.04, subdivisions 1
to 3.
new text end