as introduced - 93rd Legislature (2023 - 2024) Posted on 02/28/2024 04:34pm
A bill for an act
relating to transportation; amending public road use provisions; amending
Minnesota Statutes 2023 Supplement, section 222.37, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2023 Supplement, section 222.37, subdivision 1, is amended
to read:
Any water power, telegraph, telephone, pneumatic
tube, pipeline, community antenna television, cable communicationsnew text begin ,new text end or electric light, heat,
new text begin or new text end power companydeleted text begin ,deleted text end new text begin ;new text end 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
or agents, provides retail electric service in the statedeleted text begin , ordeleted text end new text begin ;new text end fire departmentnew text begin ; or the Department
of Agriculturenew text end may use public roads for the purpose of constructing, using, operating, and
maintaining lines, subways, canals, conduits,new text begin environmental wells,new text end transmission lines,
hydrants, or dry hydrants, for their businessdeleted text begin , but such lines shall be so located as in no waydeleted text end new text begin .
The lines must be located so as notnew text end to interfere with the safety and convenience of ordinary
travel along or over the samedeleted text begin ;deleted text end new text begin ,new text end anddeleted text begin ,deleted text end in the construction and maintenance of such line, subway,
canal, conduit,new text begin environmental wells,new text end transmission lines, hydrants, or dry hydrants, the entity
deleted text begin shall bedeleted text end new text begin isnew text end 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
entity to obtain a permit, an entity deleted text begin shalldeleted text end new text begin mustnew text end 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 entity's 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
repairnew text begin ,new text end an entity deleted text begin shalldeleted text end new text begin mustnew text end 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, electric power generating system,
high-voltage transmission line, or hydrant system within the corporate limits of any city
until such person deleted text begin shall have obtaineddeleted text end new text begin obtainsnew text end 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.