HF 1370

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to excavation notification; requiring notice 
  1.3             of underground facilities in drawings for bid 
  1.4             specifications or plans; providing a penalty; amending 
  1.5             Minnesota Statutes 1996, sections 216D.04, by adding a 
  1.6             subdivision; and 216D.08, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 216D.04, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 1a.  [PLANS FOR EXCAVATION.] Any state or local 
  1.11  governmental unit requiring excavation shall obtain information 
  1.12  from operators of underground facilities on the type, size, 
  1.13  location, and, if known, elevation of underground facilities.  
  1.14  If the information is not available, the state or local 
  1.15  governmental unit requiring excavation shall determine at the 
  1.16  governmental unit's expense the type, size, and location of the 
  1.17  underground facilities.  The state or local governmental unit 
  1.18  requiring excavation must show upon the final drawing used for 
  1.19  bid specifications or, if the project is not bid, on the final 
  1.20  plan for excavation, the type, size, location, and, if known, 
  1.21  elevation of underground facilities.  This information must be 
  1.22  obtained not more than 90 days before completion of the final 
  1.23  drawing used for bid specifications or, if the project is not 
  1.24  bid, the final plan for excavation. 
  1.25     Sec. 2.  Minnesota Statutes 1996, section 216D.08, 
  1.26  subdivision 1, is amended to read: 
  2.1      Subdivision 1.  [PENALTY.] (a) A person who is engaged in 
  2.2   excavation for remuneration or an operator other than an 
  2.3   operator subject to section 299F.59, subdivision 1, who violates 
  2.4   sections 216D.01 to 216D.07 is subject to a civil penalty to be 
  2.5   imposed by the commissioner not to exceed $500 for each 
  2.6   violation per day of violation.  
  2.7      (b) An operator subject to section 299F.59, subdivision 1, 
  2.8   who violates sections 216D.01 to 216D.07 is subject to a civil 
  2.9   penalty to be imposed under section 299F.60.  
  2.10     (c) A state or local governmental unit requiring excavation 
  2.11  that violates section 216D.04, subdivision 1a, is subject to a 
  2.12  civil penalty to be imposed by the commissioner not to exceed 
  2.13  $500 for each violation per day of violation.