SF 4339

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/26/2026 09:54 a.m.

A bill for an act
relating to utilities; modifying certain requirements governing the excavation notice
system, including to require electronic positive response; amending Minnesota
Statutes 2024, sections 216D.01, by adding a subdivision; 216D.03, by adding a
subdivision; 216D.04, subdivision 3.

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

Section 1.

Minnesota Statutes 2024, section 216D.01, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Electronic positive response. new text end

new text begin "Electronic positive response" means an
electronic notification from an operator to the notification center regarding the status of a
locate in the area of a proposed excavation or boundary survey.
new text end

Sec. 2.

Minnesota Statutes 2024, section 216D.03, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Electronic positive response. new text end

new text begin The notification center must make an electronic
positive response from an operator available to the relevant excavator through electronic
means.
new text end

Sec. 3.

Minnesota Statutes 2024, section 216D.04, subdivision 3, is amended to read:

Subd. 3.

Locating underground facility; operator.

(a) Prior to the conclusion of the
locate period, an operator must 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. new text begin Prior to the conclusion of the locate period, an
operator must provide an electronic positive response through the notification center for
the notice of excavation. new text end The excavator must 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
must locate and mark or otherwise provide the approximate horizontal location of the
underground facilities of the operator, without cost to the land surveyor. new text begin Prior to the
conclusion of the time period under this paragraph, an operator must provide an electronic
positive response through the notification center for the notice for boundary survey.
new text end

(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 horizontal location of underground
facilities are subject to the following requirements:

(1) markers must be a combination of paint markings and at least one of the following:
(i) a flag or flags, (ii) a stake or stakes, or (iii) a whisker or whiskers;

(2) all markers under clause (1) must follow the current color code standard used by the
American Public Works Association;

(3) markers must be located within a plus or minus two-foot tolerance; and

(4) the name of the operator must be indicated on each flag, stake, or whisker.

If the surface being marked is hard, markers without flags, stakes, or whiskers may be used
but must comply with the color code standard and tolerance requirement under clauses (2)
and (3).

(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 must
promptly contact the excavator or land surveyor.

(f) Operators must 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.

(h) An operator must use geospatial location information or an equivalent technology
to develop as-built drawings of newly installed or newly abandoned facilities if exposed in
the excavation area. The requirements under this paragraph apply (1) on or after January 1,
2026, or (2) on or after January 1, 2027, for an operator that provided services to fewer than
10,000 customers in calendar year 2025.

new text begin (i) An operator must provide up-to-date contact information to the notification center
(1) as the contact changes occur, to the extent practicable, and (2) on at least a quarterly
basis. The contact information must include the name and telephone number of the person
or persons designated as the operator's contact person or persons for locates.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, except that paragraph
(i) is effective January 1, 2027.
new text end