HF 2289

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 02:00pm

A bill for an act
relating to local government; requiring water utilities to provide alternative
water metering systems; establishing procedures for entry to private property;
proposing coding for new law in Minnesota Statutes, chapter 444.

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

Section 1.

new text begin [444.27] WATER METERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Water utility" means the owner or operator of a public
or private waterworks, whether authorized under chapter 110A for a rural water user
district, section 368.01 for a town, section 412.321 for a statutory city, this chapter
for a city generally, chapter 456 for a city of the first class, chapter 471A when the
waterworks has been transferred to private ownership or operation, or other law relating
to authorization of waterworks.
new text end

new text begin Subd. 2. new text end

new text begin Alternative metering system option required. new text end

new text begin If a water utility requires
replacement of water meters and plans to install an interior water meter integrated with a
radio transmitter, the water utility must offer a property owner two alternative metering
systems. The water utility must offer an exterior-mounted, radio metering system or an
exterior-mounted, nonradio metering system.
new text end

new text begin Subd. 3. new text end

new text begin No charge. new text end

new text begin The water utility must not impose an extra or special charge
for installation or reading of an alternative metering system.
new text end

new text begin Subd. 4. new text end

new text begin Consumer information required. new text end

new text begin If a water utility requires replacement
of water meters and plans to install an interior water meter integrated with a radio
transmitter, the water utility must provide property owners information about the health
and safety concerns raised regarding meters with radio transmitters and where to find
additional information. The water utility must provide the information at the same time it
notifies property owners of its plan to replace water meters and allow sufficient time for a
property owner to determine whether to request an alternative metering system.
new text end

new text begin Subd. 5. new text end

new text begin Entry on property to install, repair, or inspect water meter; informed
consent. new text end

new text begin (a) Except as provided in subdivision 6, a water utility may only enter private
property if the property owner has provided informed consent. As used in this section,
"informed consent" means that:
new text end

new text begin (1) the utility has provided the property owner a written notice of proposed entry,
mailed at least 30 days prior to the proposed date of entry, containing the items required in
paragraph (b);
new text end

new text begin (2) the utility has not received a completed refusal of consent form from the property
owner, or consent has not been refused by a separate writing; and
new text end

new text begin (3) the owner or occupant of the property at the time of entry consents, by signature, to
allow entry after being provided the opportunity to review the notice required by clause (1).
new text end

new text begin (b) The notice of proposed entry required by paragraph (a) must, at a minimum,
include the following:
new text end

new text begin (1) the date and scope of the proposed entry and the identities and workplan of any
individuals who will enter the property;
new text end

new text begin (2) the expected duration of time the individuals will be present, and whether
follow-up entries on the property are anticipated or necessary to complete the work;
new text end

new text begin (3) any effect the work will have on the property owner's water service once the
work is completed; and
new text end

new text begin (4) the right of the owner to refuse to provide consent to the entry and the procedures
for securing an administrative search warrant if the informed consent is refused, including
the right of the property owner to object and request a hearing on the issuance of a warrant.
The notice must include a form for the property owner to refuse consent for entry.
new text end

new text begin Subd. 6. new text end

new text begin Entry on property to install, repair, or inspect water meter;
administrative search warrant. new text end

new text begin (a) If informed consent is not provided under subdivision
5, a water utility may only enter private property to install, repair, or inspect a water meter
after first securing an administrative search warrant. An application for an administrative
search warrant must be filed with a district court of appropriate jurisdiction and, except
as provided in this subdivision, must proceed in a manner consistent with court rules
related to issuance of administrative warrants.
new text end

new text begin (b) Prior to a warrant being issued, the individual subject of the proposed warrant
must be provided notice of the application and be permitted to file an objection and
request a hearing on the matter. In determining whether to issue an administrative search
warrant under this subdivision, the judge shall conform the decision to constitutional
doctrine governing procedures for administrative warrants and shall consider, but is not
limited to, the following factors:
new text end

new text begin (1) the scope of the proposed entry on the property, including whether the utility has
taken reasonable steps to protect the property owner's right of privacy and to ensure that
the entry is as minimally invasive and disruptive to the owner and other occupants of the
property as practical given the nature of the proposed work;
new text end

new text begin (2) the number of recent prior entries by the water utility to perform work on the
property;
new text end

new text begin (3) the time of day the entry is proposed to be made, including whether the utility
has consulted with the property owner to determine a mutually convenient time; and
new text end

new text begin (4) whether the reason for entry on the property is derived from a general and
ordered administrative plan of entry onto all properties served by the utility, including
whether members of the public were given notice of the plan and an opportunity to
comment at a public hearing.
new text end

new text begin (c) Any costs associated with securing an administrative search warrant must be paid
by the water utility, and may not be directly or indirectly charged to the property owner
through an additional fee, surcharge, or other assessment.
new text end

new text begin Subd. 7. new text end

new text begin Water shutoff prohibited. new text end

new text begin A water utility may not shut off, or threaten
to shut off, service to a property solely because the owner or occupant refuses to
provide informed consent for entry under subdivision 5, or objects to the issuance of an
administrative search warrant authorizing entry under subdivision 6.
new text end