SF 3368

1st Unofficial Engrossment - 89th Legislature (2015 - 2016)

Posted on 05/17/2016 07:29 a.m.

1.1A bill for an act 1.2relating to transportation; modifying requirements for temporary use of certain 1.3rights-of-way; amending Minnesota Statutes 2014, section 160.27, by adding 1.4subdivisions; Minnesota Statutes 2015 Supplement, section 160.27, subdivision 1.510. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7    Section 1. Minnesota Statutes 2015 Supplement, section 160.27, subdivision 10, 1.8is amended to read: 1.9    Subd. 10. new text begin Department of Transportation new text end temporary permit for field application. 1.10(a) In connection with the use of the road right-of-way of a road authority new text begin controlled by new text end 1.11 new text begin the commissioner new text end , excluding on controlled-access highways under section 160.08, a 1.12property owner or occupant of property abutting the road right-of-way may apply for a 1.13permit for temporary placement, for up to 14 days, of a pressurized flexible force main for 1.14the transport of manure for field application. 1.15(b) The property owner or occupant must: 1.16(1) identify the entire length of the right-of-way for use under the permit; 1.17(2) place the force main within the backslope of the road authority's right-of-way 1.18where possible; 1.19(3) place pumping equipment outside new text begin of new text end the road authority's right-of-way; and 1.20(4) meet all of the permit requirements identified by the road authority new text begin commissioner new text end . 1.21(c) Once the road authority new text begin commissioner new text end has issued a permit, the property owner or 1.22occupant may install new text begin place new text end the force main over the length of the right-of-way from the 1.23permittee's property to where the manure will be applied, irrespective of whether the 1.24permittee is the owner or occupant of all property abutting the portion of the right-of-way 1.25where the force main is to be installed new text begin placed new text end . 2.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 2.2    Sec. 2. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision 2.3to read: 2.4     new text begin Subd. 11. new text end new text begin General authority for certain field application. new text end new text begin (a) A property owner or new text end 2.5 new text begin occupant of property may, with respect to a county highway, including a county state-aid new text end 2.6 new text begin highway, or town road, temporarily place a pressurized flexible force main for the new text end 2.7 new text begin transport of manure for field application if the following requirements are met: new text end 2.8 new text begin (1) the road is not a controlled-access highway under section 160.08; new text end 2.9 new text begin (2) the force main remains in place for no more than 21 days; new text end 2.10 new text begin (3) the force main is placed within the backslope of the road right-of-way where new text end 2.11 new text begin possible, and is not placed on the roadway, as defined in section 169.011, subdivision new text end 2.12 new text begin 68, of a public road; new text end 2.13 new text begin (4) pumping equipment is placed outside the road right-of-way; new text end 2.14 new text begin (5) the force main placement does not unreasonably interfere with: (i) another new text end 2.15 new text begin landowner or occupant's access to the owner or occupant's property, (ii) the safe use of new text end 2.16 new text begin the right-of-way in which the force main is placed, (iii) the safe use of any driveway or new text end 2.17 new text begin private road that the force main crosses, or (iv) maintenance activities authorized by new text end 2.18 new text begin the road authority; new text end 2.19 new text begin (6) the property owner or occupant notifies, whether verbally or in writing, the new text end 2.20 new text begin appropriate county or town at least one business day prior to placement of the force main new text end 2.21 new text begin in the right-of-way; and new text end 2.22 new text begin (7) field application is performed by the holder of a valid commercial animal new text end 2.23 new text begin waste technician applicator license under section 18C.430, including proof of financial new text end 2.24 new text begin responsibility. new text end 2.25 new text begin (b) A notification under paragraph (a), clause (6), must include the starting and new text end 2.26 new text begin estimated ending dates of field application, a basic description of the entire length of the new text end 2.27 new text begin right-of-way being used, and the name, address, and phone number of the business or new text end 2.28 new text begin commercial animal waste technician applicator license holder performing field application. new text end 2.29 new text begin (c) The property owner or occupant is responsible for restoring the right-of-way to new text end 2.30 new text begin the preplacement condition, including the immediate cleanup of any spillage or leakage new text end 2.31 new text begin of manure into the right-of-way. new text end 2.32 new text begin (d) A property owner or occupant who meets the requirements under paragraphs (a) new text end 2.33 new text begin and (b) may place the force main over the length of the right-of-way from that property new text end 2.34 new text begin owner's or occupant's property to where the manure will be applied, irrespective of new text end 3.1 new text begin whether the person is the owner or occupant of all property abutting the portion of the new text end 3.2 new text begin right-of-way where the force main is to be placed. new text end 3.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 3.4    Sec. 3. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision 3.5to read: 3.6     new text begin Subd. 12. new text end new text begin Damage or spills; liability. new text end new text begin A commercial animal waste technician new text end 3.7 new text begin company licensed under section 18C.430 using a pressurized flexible force main for the new text end 3.8 new text begin transport of manure for field application under subdivision 11 is liable for the costs of new text end 3.9 new text begin cleanup and repair for any spill or damage caused during the placement, use, or removal new text end 3.10 new text begin of the pressurized flexible force main. new text end 3.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end