HF 2637

as introduced - 90th Legislature (2017 - 2018) Posted on 05/10/2017 03:47pm

A bill for an act
relating to pipelines; providing for the disposition of abandoned pipelines; requiring
filing of a pipeline abandonment plan and its approval by the commissioner of
public safety; amending Minnesota Statutes 2016, section 216G.02, by adding
subdivisions; proposing coding for new law in Minnesota Statutes, chapter 216G.

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

Section 1.

Minnesota Statutes 2016, section 216G.02, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of public safety.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 216G.02, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Pipeline abandonment. new text end

new text begin "Pipeline abandonment" means the permanent
cessation of service along a portion of or the entire route of a pipeline in this state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [216G.095] PIPELINE ABANDONMENT; RESPONSIBILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Removal of abandoned pipeline. new text end

new text begin (a) Except as provided in subdivision
3, a pipeline owner whose easement interests have reverted to the landowner under section
216G.09, or who has otherwise ceased operations of the pipeline and notified the landowner
of the cessation, is responsible for removing any and all abandoned property, including
remaining pipelines, pumping, metering or compressor stations, and all other infrastructure
and ancillary equipment, from the landowner's property. The pipeline owner bears the
financial responsibility for the removal and is liable for any environmental cleanup and
remediation costs required under chapter 115B.
new text end

new text begin (b) A landowner who wants a pipeline or other ancillary infrastructure and equipment
removed from the landowner's land must submit a notarized written removal request
stipulating the specific infrastructure and equipment to be removed to the pipeline owner.
The landowner must submit a copy of the request to the Public Utilities Commission, the
Pollution Control Agency, the Department of Natural Resources, the Board of Soil and
Water Resources, and the appropriate county recorder and soil and water conservation
district.
new text end

new text begin (c) Within 60 days of receiving a request to remove an abandoned pipeline under
paragraph (b), a pipeline owner must purge the pipeline of all materials transported by the
pipeline. The pipeline owner must certify the pipeline has been purged in a written notice
sent to the landowner and the agencies listed in paragraph (b).
new text end

new text begin (d) A pipeline owner must begin removal of an abandoned pipeline and other
infrastructure the landowner requested to be removed within 30 days of the date of the
certification notice. The pipeline owner must complete removal within 90 days of the date
of the certification notice.
new text end

new text begin (e) A pipeline owner is liable for any releases or damages that result from removal of
an abandoned pipeline or other infrastructure and equipment.
new text end

new text begin Subd. 2. new text end

new text begin Land restoration. new text end

new text begin The pipeline owner is responsible for all reasonable costs
associated with the restoration of the land on which pipeline operations were conducted.
Restoration includes, but is not limited to:
new text end

new text begin (1) restoration of land contour to control soil erosion, minimize adverse effects on water
quality, complement nearby terrain, and facilitate the prompt conversion of the land to the
use desired by the landowner;
new text end

new text begin (2) replacement of topsoil to a depth equal to or greater than the average depth of topsoil
on adjoining land of the landowner;
new text end

new text begin (3) establishment of a permanent vegetative cover that is self-sustaining and regenerating,
and that protects soil and water quality; and
new text end

new text begin (4) removal of invasive plant species listed by the Department of Natural Resources,
the Department of Agriculture, or the county weed inspector of the county where the land
is located. The control of invasive plant species must be effective for five consecutive years,
as determined by inspection of the county weed inspector, after which the pipeline owner's
responsibility for controlling invasive plant species is terminated.
new text end

new text begin Subd. 3. new text end

new text begin Abandoned pipeline left in place. new text end

new text begin (a) A landowner may relieve a pipeline
owner of the requirement to remove an abandoned pipeline that is subject to section 216G.09
or has otherwise been abandoned by submitting a notarized written request to the pipeline
owner that the pipeline be left in place. The written request may also address the disposition
of other abandoned property, including pumping, metering or compressor stations, and other
infrastructure and ancillary equipment, remaining on the landowner's property. A landowner
must submit a copy of the request to the Public Utilities Commission, the Pollution Control
Agency, the Department of Natural Resources, the Board of Soil and Water Resources, and
the appropriate county recorder and soil and water conservation district where the land is
located.
new text end

new text begin (b) A pipeline owner must comply with all federal regulations required of an abandoned
pipeline, including the requirement to purge the pipeline of all materials transported by the
pipeline. Within 90 days of receiving notice under paragraph (a), a pipeline owner must
submit written certification of compliance with federal regulations regarding abandoned
pipelines to the landowner and to the agencies listed in paragraph (a).
new text end

new text begin (c) A landowner who requests that the pipeline be left in place under this subdivision
assumes all future liabilities associated with the pipeline and any other infrastructure left
in place, including subsequent costs of pipeline and infrastructure removal, land restoration,
and environmental remediation under chapter 115B, except that a pipeline owner is
responsible for the costs of future monitoring and inspection of both the pipeline left in
place and its surrounding environment.
new text end

Sec. 4.

new text begin [216G.13] ABANDONMENT PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Approval required. new text end

new text begin No pipeline may be abandoned in Minnesota without
commissioner approval of a pipeline abandonment plan that meets the requirements of this
section. In approving a pipeline abandonment plan, the commissioner may establish
conditions that apply to the abandonment process and to the abandoned pipeline for the
duration of time the pipeline remains in the ground.
new text end

new text begin Subd. 2. new text end

new text begin Consultation; public hearing required. new text end

new text begin In developing a pipeline abandonment
plan, a pipeline owner must contact and consult with interested stakeholders, including but
not limited to owners of land where the pipeline is located, state and local government
agencies responsible for land development and maintaining the quality of water bodies near
the pipeline, and environmental organizations. The pipeline owner must hold at least one
public hearing to afford input on the abandonment plan to stakeholders and members of the
public.
new text end

new text begin Subd. 3. new text end

new text begin Plan content. new text end

new text begin A pipeline abandonment plan must contain:
new text end

new text begin (1) a general description of the pipeline and its ancillary facilities, including a history
of its operation and the products it has carried;
new text end

new text begin (2) a schedule of the proposed abandonment process;
new text end

new text begin (3) a map identifying the location of the pipeline; right-of-way; pumping stations, storage
areas, and other ancillary facilities; water bodies along and near the pipeline route; road,
rail, and utility crossings; and environmentally sensitive resources on or near the pipeline
route;
new text end

new text begin (4) a detailed description of the facilities to be abandoned, including:
new text end

new text begin (i) the pipeline, including its composition, diameter, thickness, and coatings;
new text end

new text begin (ii) ancillary pipeline facilities; and
new text end

new text begin (iii) other facilities on pipeline-owned land;
new text end

new text begin (5) a detailed description of the land adjacent to the pipeline, including:
new text end

new text begin (i) land uses;
new text end

new text begin (ii) natural features, including water bodies, wetlands, karst areas, rare vegetation, and
animal species; and
new text end

new text begin (iii) landowners and land administration agencies;
new text end

new text begin (6) a history of pipeline ruptures and leaks, and repairs undertaken;
new text end

new text begin (7) a description of the facilities to be left in place, including:
new text end

new text begin (i) locations;
new text end

new text begin (ii) reasons for leaving the facilities in place;
new text end

new text begin (iii) mitigation measures to reduce environmental and safety risks, including cleaning
and plugging pipe, segmenting pipe, and efforts to prevent water movement; and
new text end

new text begin (iv) an estimation of risks from soil subsidence, pipe collapse, pipe corrosion, soil erosion,
and contamination removal;
new text end

new text begin (8) a description of the facilities to be removed, including:
new text end

new text begin (i) locations;
new text end

new text begin (ii) reasons for removal;
new text end

new text begin (iii) cleaning and removal procedures; and
new text end

new text begin (iv) recycling and reuse plans;
new text end

new text begin (9) a description of land reclamation activities;
new text end

new text begin (10) a description of performance measures that enable the abandonment process to be
evaluated, including but not limited to:
new text end

new text begin (i) contamination cleanup;
new text end

new text begin (ii) sensitive environmental area protection;
new text end

new text begin (iii) utility and transportation crossings protection; and
new text end

new text begin (iv) management of the long-term effects of the pipeline on the land;
new text end

new text begin (11) a statement of responsibility for facilities left in place;
new text end

new text begin (12) a postabandonment monitoring and maintenance schedule;
new text end

new text begin (13) the abandonment costs and the adequacy of the pipeline's financial assurance funds
to pay for both initial and ongoing costs; and
new text end

new text begin (14) any additional information required by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end