HF 2570

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2023 04:50pm

A bill for an act
relating to transportation; authorizing certain entities to use public roads for the
purpose of constructing, using, operating, and maintaining high-voltage
transmission lines; amending Minnesota Statutes 2022, sections 161.45, subdivision
1; 222.37, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 161.45, subdivision 1, is amended to read:

Subdivision 1.

Rules.

Electric transmission, telephone, or telegraph lines; pole lines;
community antenna television lines; railways; ditches; sewers; water, heat, or gas mains;
gas and other pipelines; flumes; or other structures which, under the laws of this state or
the ordinance of any city, may be constructed, placed, or maintained across or along any
trunk highway, or the roadway thereof, by any person, persons, corporation, or any
subdivision of the state, may be so maintained or hereafter constructed only in accordance
with such rules as may be prescribed by the commissioner who shall have power to prescribe
and enforce reasonable rules with reference to the placing and maintaining along, across,
or in any such trunk highway of any of the utilities hereinbefore set forth new text begin , provided that
such rules shall not prohibit an entity that has a right to use the public road right-of-way
pursuant to section 222.37, subdivision 1, from placing and maintaining electric transmission
lines along, across, or in any trunk highway new text end . Nothing herein shall restrict the actions of
public authorities in extraordinary emergencies nor restrict the power and authority of the
commissioner of commerce as provided for in other provisions of law. Provided, however,
that in the event any local subdivision of government has enacted ordinances relating to the
method of installation or requiring underground installation of such community antenna
television lines, the permit granted by the commissioner of transportation shall require
compliance with such local ordinance.

Sec. 2.

Minnesota Statutes 2022, section 222.37, subdivision 1, is amended to read:

Subdivision 1.

Use requirements.

Any water power, telegraph, telephone, pneumatic
tube, pipeline, community antenna television, cable communications or electric light, heat,
power company, new text begin entity that receives a route permit under chapter 216E for a high-voltage
transmission line necessary to interconnect an electric power generating facility with
transmission lines or associated facilities of an entity that directly, or through its members,
provides retail electric service in the state, new text end or fire department may use public roads for the
purpose of constructing, using, operating, and maintaining lines, subways, canals, conduits, new text begin
transmission lines, new text end hydrants, or dry hydrants, for their business, but such lines shall be so
located as in no way to interfere with the safety and convenience of ordinary travel along
or over the same; and, in the construction and maintenance of such line, subway, canal,
conduit, new text begin transmission lines, new text end hydrants, or dry hydrants, the deleted text begin company deleted text end new text begin entity new text end shall be subject
to all reasonable regulations imposed by the governing body of any county, town or city in
which such public road may be. If the governing body does not require the deleted text begin company deleted text end new text begin entity new text end
to obtain a permit, deleted text begin a company deleted text end new text begin an entity new text end shall notify the governing body of any county, town,
or city having jurisdiction over a public road prior to the construction or major repair,
involving extensive excavation on the road right-of-way, of the deleted text begin company's deleted text end new text begin entity's new text end equipment
along, over, or under the public road, unless the governing body waives the notice
requirement. A waiver of the notice requirement must be renewed on an annual basis. For
emergency repair deleted text begin a company deleted text end new text begin an entity new text end shall notify the governing body as soon as practical
after the repair is made. Nothing herein shall be construed to grant to any person any rights
for the maintenance of a telegraph, telephone, pneumatic tube, community antenna television
system, cable communications system, or light, heat, power system, new text begin electric power generating
system, high-voltage transmission line, new text end or hydrant system within the corporate limits of any
city until such person shall have obtained the right to maintain such system within such city
or for a period beyond that for which the right to operate such system is granted by such
city.