SF 5243
Introduction - 94th Legislature (2025 - 2026)
Posted on 04/28/2026 01:11 p.m.
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A bill for an act
relating to transportation; requiring reimbursement of certain utility facility
relocations caused by transportation projects; amending Minnesota Statutes 2024,
sections 161.45, subdivisions 2, 6; 161.46, subdivision 2; Minnesota Statutes 2025
Supplement, section 161.46, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 161.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 161.45, subdivision 2, is amended to read:
Subd. 2.
Relocation deleted text begin of utilitydeleted text end new text begin work by the statenew text end .
new text begin (a) new text end Whenever the relocation of any
utility facility is necessitated by the construction of a project on a trunk highway route, the
relocation work may be made a part of the state highway construction contract or let as a
separate contract deleted text begin as provided by lawdeleted text end new text begin by the state under applicable federal laws, rules, and
regulations new text end if the owner or operator of the new text begin utility new text end facility requests the commissioner to act
as its agent for the purpose of relocating the deleted text begin facilitiesdeleted text end new text begin utility facility new text end and if the commissioner
determines that deleted text begin suchdeleted text end new text begin the new text end action is in the best deleted text begin interestsdeleted text end new text begin interest new text end of the state. deleted text begin Payment by the
utility owner or operator to the state shall be in accordance with applicable statutes and the
rules for utilities on trunk highways.deleted text end new text begin When relocation work is made a part of a state highway
construction contract or when let as a separate contract by the state as authorized under this
subdivision, the cost of the relocation may be paid by the commissioner directly to the
contractor without requiring the utility to first make payment for the relocation work and
subsequently request reimbursement.
new text end
new text begin
(b) If a relocation must be coordinated with another state contractor's work, the
commissioner must convene a coordination meeting and issue a consolidated relocation
schedule before issuing a notice to proceed, and the other state contractor must provide
advance notice of dates necessary for relocation work to begin.
new text end
Sec. 2.
Minnesota Statutes 2024, section 161.45, subdivision 6, is amended to read:
Subd. 6.
High voltage transmission; constructability report; advance notice.
(a) If
the commissioner and a utility or transmission line developer identify a permittable route
along a trunk highway corridor for possible colocation of transmission lines, a constructability
report must be prepared by the utility or transmission line developer in consultation with
the commissioner. A constructability report developed under this subdivision must be used
by both parties to plan and approve colocation projects.
(b) A constructability report developed under this section between the commissioner
and the parties seeking colocation must include terms and conditions for building the
colocation project. Notwithstanding the requirements in subdivision 1, the report must be
approved by the commissioner and the party or parties seeking colocation prior to the
commissioner approving and issuing a permit for use of the trunk highway right-of-way.
(c) A constructability report must include an agreed upon time frame for which there
may not be a request from the commissioner for relocation of the transmission line. If the
commissioner determines that relocation of a transmission line in the trunk highway
right-of-way is necessary, the commissioner, as much as practicable, must give a four-year
advance notice.
deleted text begin
(d) Notwithstanding the requirements of subdivision 7 and section 161.46, subdivision
2, if the commissioner requires the relocation of a transmission line in the interstate highway
right-of-way earlier than the agreed upon time frame in paragraph (c) in the constructability
report or provides less than a four-year notice of relocation in the agreed upon constructability
report, the commissioner is responsible for 75 percent of the relocation costs.
deleted text end
Sec. 3.
new text begin
[161.451] RELOCATION PERMITS.
new text end
new text begin Subdivision 1. new text end
new text begin Expedited relocation permit review; scope. new text end
new text begin
(a) This section applies
when the commissioner determines that relocation is required to accommodate a state
transportation project.
new text end
new text begin
(b) Within ten business days after the commissioner issues a written relocation notice
under this section, the commissioner must designate a single utility-relocation permitting
coordinator within the Department of Transportation to manage interagency review of
permits related to the relocation and resolve sequencing conflicts.
new text end
new text begin Subd. 2. new text end
new text begin Relocation plan and agency action deadlines. new text end
new text begin
(a) Unless the commissioner
and utility agree otherwise, the owner or operator of a utility facility must submit a relocation
plan to the commissioner within 120 days of receiving a written request from the
commissioner for a relocation plan.
new text end
new text begin
(b) Within 15 business days of receipt of a relocation plan from the owner or operator
of a utility facility, the reviewing agency must notify the utility whether the submittal is
complete.
new text end
new text begin
(c) Within 30 calendar days after the reviewing agency notifies the utility that the
submittal is complete, the reviewing agency must approve, approve with conditions, or deny
the permit.
new text end
new text begin
(d) If the reviewing agency fails to act within the deadline in paragraph (c), the permit
is deemed approved subject to standard safety conditions and the agency's authority to
require reasonable field adjustments for public safety.
new text end
new text begin Subd. 3. new text end
new text begin
Relocation agreement in lieu of permit for commissioner right-of-way
work.
new text end
new text begin
(a) For relocation work wholly within existing public road right-of-way and not
requiring a new environmental permit unrelated to the relocation footprint, the commissioner
and utility may execute a utility relocation schedule and relocation agreement that must
serve in lieu of separate right-of-way occupancy permits for the relocation.
new text end
new text begin
(b) The relocation agreement must include terms covering:
new text end
new text begin
(1) scope of work covered by the relocation agreement;
new text end
new text begin
(2) sequencing milestones;
new text end
new text begin
(3) traffic control requirements;
new text end
new text begin
(4) restoration standards;
new text end
new text begin
(5) safety requirements; and
new text end
new text begin
(6) dispute resolution.
new text end
new text begin Subd. 4. new text end
new text begin Limitations; no expansion of route. new text end
new text begin
(a) This section does not apply to permits
for new utility construction unrelated to relocation or to projects that expand a utility facility's
route beyond the relocation footprint.
new text end
new text begin
(b) Nothing in this section limits the authority of the state to enforce safety standards.
new text end
Sec. 4.
Minnesota Statutes 2025 Supplement, section 161.46, subdivision 1, is amended
to read:
Subdivision 1.
Definitions.
(a) For deleted text begin thedeleted text end purposes of new text begin section 161.45 and new text end this section, the
following terms have the meanings given.
(b) "Utilitynew text begin facilitynew text end " means all publicly, privately, and cooperatively owned systems for
deleted text begin supplyingdeleted text end new text begin transmitting or distributingnew text end power, light, new text begin natural new text end gas, deleted text begin telegraph, telephonedeleted text end new text begin oil,
hazardous liquid, telecommunicationsnew text end , water,new text begin stormwater,new text end pipeline, or sewer service deleted text begin if such
systems be authorized by law to use public highways for the location of its facilitiesdeleted text end .
(c) "Cost of relocation" means the entire amount paid by deleted text begin suchdeleted text end new text begin the owner of anew text end utilitynew text begin
facilitynew text end properly attributable to deleted text begin suchdeleted text end relocation after deducting deleted text begin therefromdeleted text end any increase in
the value of the new new text begin utility new text end facility and any salvage value derived from the old new text begin utility new text end facility.
(d) "High voltage transmission line" has the meaning given in section 216I.02, subdivision
8.
new text begin
(e) "Permit" includes any state-level permit, authorization, occupancy approval, crossing
approval, environmental or land-disturbance authorization, or other approval required solely
to perform relocation work, excluding permits that would authorize new utility facility
capacity or new route miles beyond the relocation footprint.
new text end
new text begin
(f) "Relocation" means moving, modifying, protecting-in-place, lowering, raising, casing,
supporting, abandoning-in-place, or removing a utility facility.
new text end
new text begin
(g)"State transportation project" means a trunk highway, bridge, interchange, or related
transportation improvement project undertaken by the commissioner.
new text end
Sec. 5.
Minnesota Statutes 2024, section 161.46, subdivision 2, is amended to read:
Subd. 2.
Relocation of facilities; reimbursement.
new text begin (a)new text end Whenever the commissioner
determines that the relocation of any utility facility is necessitated by the construction of a
new text begin state transportation new text end project deleted text begin on the routes of federally aided trunk highways, including urban
extensions thereof, that are included within the National System of Interstate Highwaysdeleted text end ,
the owner or operator of the utility facility must relocate the utility facility in accordance
with the order of the commissioner. Except as provided in section 161.45, subdivision deleted text begin 6,
paragraph (d), ordeleted text end 7, upon the completion of relocation of a utility facility, the cost of
relocation must be ascertained and paid out of the trunk highway fund by the commissionerdeleted text begin ,
provided the amount paid by the commissioner for reimbursement to a utility does not
exceed the amount on which the federal government bases its reimbursement for the interstate
highway systemdeleted text end .
new text begin
(b) To the extent practicable, the commissioner must provide notice to the owner or
operator of a utility facility at least four years before a relocation required under paragraph
(a).
new text end
Sec. 6.
new text begin
[161.461] CITATION.
new text end
new text begin
Sections 161.45 to 161.46 may be cited as the "Critical Infrastructure Permitting and
Reimbursement Fairness Act."
new text end