HF 1712

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to utilities; modifying political 
  1.3             subdivision's authority to manage the public 
  1.4             right-of-way; amending Minnesota Statutes 1998, 
  1.5             sections 237.162, subdivision 8; and 237.163, 
  1.6             subdivision 7. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 237.162, 
  1.9   subdivision 8, is amended to read: 
  1.10     Subd. 8.  [MANAGE THE PUBLIC RIGHT-OF-WAY.] "Manage the 
  1.11  public right-of-way" means the authority of the state or a local 
  1.12  government unit to do any or and all of the following: 
  1.13     (1) require registration; 
  1.14     (2) require construction performance bonds and insurance 
  1.15  coverage; 
  1.16     (3) establish installation and construction standards; 
  1.17     (4) establish and define location and relocation 
  1.18  requirements for equipment and facilities; 
  1.19     (5) establish coordination and timing 
  1.20  requirements according to section 237.163, subdivision 7; 
  1.21     (6) require telecommunications right-of-way users to 
  1.22  submit, for right-of-way projects commenced after May 10, 1997, 
  1.23  whether initiated by a local government unit or any 
  1.24  telecommunications right-of-way user, project data reasonably 
  1.25  necessary to allow the local government unit to develop a 
  1.26  right-of-way mapping system, such as a geographical information 
  2.1   mapping system; 
  2.2      (7) require telecommunication right-of-way users to submit, 
  2.3   upon request of a local government unit, existing data on the 
  2.4   location of the user's facilities occupying the public 
  2.5   right-of-way within the local government unit.  The data may be 
  2.6   submitted in the form maintained by the user and in a reasonable 
  2.7   time after receipt of the request based on the amount of data 
  2.8   requested; 
  2.9      (8) establish right-of-way permitting requirements for 
  2.10  street excavation and obstruction; 
  2.11     (9) establish removal requirements for abandoned equipment 
  2.12  or facilities, if required in conjunction with other 
  2.13  right-of-way repair, excavation, or construction; and 
  2.14     (10) impose reasonable penalties for unreasonable delays in 
  2.15  construction. 
  2.16     Sec. 2.  Minnesota Statutes 1998, section 237.163, 
  2.17  subdivision 7, is amended to read: 
  2.18     Subd. 7.  [ADDITIONAL RIGHT-OF-WAY PROVISIONS RIGHT-OF-WAY 
  2.19  MANAGEMENT LIMITATIONS.] (a) In managing the public 
  2.20  rights-of-way and in imposing fees under this section, no local 
  2.21  government unit may: 
  2.22     (1) unlawfully discriminate among telecommunications 
  2.23  right-of-way users; 
  2.24     (2) grant a preference to any telecommunications 
  2.25  right-of-way user; 
  2.26     (3) create or erect any unreasonable requirement for entry 
  2.27  to the public rights-of-way by telecommunications right-of-way 
  2.28  users; or 
  2.29     (4) require a telecommunications right-of-way user to 
  2.30  obtain a franchise or pay for the use of the right-of-way; or 
  2.31     (5) establish or impose coordination or timing requirements 
  2.32  that would delay or affect emergency highway, street, or road 
  2.33  repair. 
  2.34     (b) A telecommunications right-of-way user need not apply 
  2.35  for or obtain right-of-way permits for facilities that are 
  2.36  located in public rights-of-way on May 10, 1997, for which the 
  3.1   user has obtained the required consent of the local government 
  3.2   unit, or that are otherwise lawfully occupying the public 
  3.3   right-of-way.  However, the telecommunications right-of-way user 
  3.4   may be required to register and to obtain a right-of-way permit 
  3.5   for an excavation or obstruction of existing facilities within 
  3.6   the public right-of-way after May 10, 1997. 
  3.7      (c) Data and documents exchanged between a local government 
  3.8   unit and a telecommunications right-of-way user are subject to 
  3.9   the terms of chapter 13.  A local government unit not complying 
  3.10  with this paragraph is subject to the penalties set forth in 
  3.11  section 13.08. 
  3.12     (d) A local government unit may not collect a fee imposed 
  3.13  under this section through the provision of in-kind services by 
  3.14  a telecommunications right-of-way user, nor may a local 
  3.15  government unit require the provision of in-kind services as a 
  3.16  condition of consent to use the local government unit's public 
  3.17  right-of-way. 
  3.18     (e) In managing the public right-of-way, the state or a 
  3.19  local government unit may establish coordination and timing 
  3.20  requirements as follows: 
  3.21     (1) If the public right-of-way is located outside of all 
  3.22  metropolitan counties listed in section 473.121, subdivision 4: 
  3.23     (i) the state or local government unit must advise and 
  3.24  provide at least 90-day notice to each affected user of the 
  3.25  public right-of-way of a proposed highway, street, or road 
  3.26  improvement or reconstruction project and a description of how 
  3.27  the project will affect the right-of-way user before beginning 
  3.28  work; and 
  3.29     (ii) the right-of-way user shall provide within 90 days to 
  3.30  the state or local government unit, as applicable, a plan and 
  3.31  timetable for relocating or removing its facilities so as not to 
  3.32  delay the construction project, or as otherwise mutually agreed. 
  3.33     (2) If the public right-of-way is located within a 
  3.34  metropolitan county: 
  3.35     (i) the state or local government unit must advise and 
  3.36  provide two-year notice to each affected user of the public 
  4.1   right-of-way of a proposed highway, street, or road improvement 
  4.2   or reconstruction project and provide a detailed plan one year 
  4.3   before beginning the work; and 
  4.4      (ii) each right-of-way user shall begin planning to 
  4.5   relocate its facilities no later than 15 days after notice is 
  4.6   received under item (i), unless otherwise mutually agreed or 
  4.7   when covered by a utility agreement between the owner of the 
  4.8   public right-of-way and the right-of-way user.  
  4.9      (3) Each right-of-way user shall complete the work in a 
  4.10  timely manner, but must not take longer than stipulated in its 
  4.11  submitted plan or as mutually agreed by the user and owner.