HF 4360

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 02:21pm

A bill for an act
relating to pipelines; providing for the disposition of abandoned pipelines; requiring
a pipeline abandonment plan; amending Minnesota Statutes 2020, 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 2020, 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 2020, section 216G.02, is amended by adding a subdivision to
read:

new text begin Subd. 3a. 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 entirety of a pipeline route in Minnesota.
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 Notice. new text end

new text begin No later than 60 days before the date pipeline operations are
scheduled to cease, a pipeline owner must provide each landowner whose land the pipeline
traverses written notice of the pipeline owner's intent to cease pipeline operations. The
notice must contain the language of this section and section 216G.13.
new text end

new text begin Subd. 2. 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 operating the pipeline is responsible for removing:
(1) any and all abandoned property from the landowner's property, including pipelines,
pumping, metering, or compressor stations; and (2) all other infrastructure and ancillary
equipment remaining on 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 an abandoned pipeline or other ancillary infrastructure and
equipment removed from the landowner's land must submit a notarized written removal
request to the pipeline owner. The removal request must stipulate the specific infrastructure
and equipment to be removed. 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 the date a pipeline owner receives a request to remove an abandoned
pipeline under paragraph (b), the pipeline owner must purge the abandoned pipeline of all
materials transported by the pipeline. The pipeline owner must certify the abandoned 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 removing an abandoned pipeline and other infrastructure
the landowner requested to be removed within 30 days of the date the certification notice
under paragraph (a) is sent. The pipeline owner must complete removal within 90 days of
the date the certification notice is sent.
new text end

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

new text begin Subd. 3. 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 an abandoned pipeline's operations
were conducted. Restoration includes but is not limited to:
new text end

new text begin (1) restoring the land contour to control soil erosion, to 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) replacing 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) establishing 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) removing invasive plant species listed by the Department of Natural Resources, the
Department of Agriculture, or the county weed inspector of the applicable county. Activities
undertaken to control invasive plant species must be effective for five consecutive years,
as determined from inspection by the county weed inspector, after which the pipeline owner's
responsibility to control invasive plant species is terminated.
new text end

new text begin Subd. 4. 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.
new text end

new text begin (b) A pipeline owner must comply with all federal regulations governing an abandoned
pipeline, including the requirement to purge the abandoned pipeline of all materials
transported by the pipeline. Within 90 days of the date a pipeline owner receives notice
under paragraph (a), the 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 an abandoned pipeline be left in place under this
subdivision assumes all future liabilities associated with the abandoned pipeline and any
other infrastructure left in place, including subsequent costs of abandoned pipeline and
infrastructure removal, land restoration, and environmental remediation under chapter 115B,
except that a pipeline owner is responsible for paying the costs of future monitoring and
inspection of both the abandoned pipeline left in place and the abandoned pipeline's
surrounding environment.
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. 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 A pipeline must not be abandoned in Minnesota
unless the commissioner approves a pipeline abandonment plan that meets the requirements
of this section. When 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 the time that the abandoned 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 When developing a pipeline
abandonment plan, a pipeline owner must contact and consult with interested stakeholders,
including but not limited to: (1) owners of land or Tribal governments having jurisdiction
through treaty rights for land on which the abandoned pipeline is located; (2) state and local
government agencies responsible for land development and maintaining the quality of water
bodies near the pipeline; and (3) environmental organizations. The pipeline owner must
hold at least one public hearing, as determined by the commissioner, to allow stakeholders
and members of the public to provide input on the abandonment plan.
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 the following
information:
new text end

new text begin (1) a general description of the pipeline and the pipeline's ancillary facilities, including
a history of the pipeline's operation and the products the pipeline 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 showing 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's 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 nearby land owned by the pipeline owner;
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) the identity of landowners and land administration agencies and the land parcels
each owns or administers;
new text end

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

new text begin (7) 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 that the pipeline owner commits to take in order 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 estimate of risks from soil subsidence, pipe collapse, pipe corrosion, soil erosion,
and contamination removal;
new text end

new text begin (8) facilities to be removed, including:
new text end

new text begin (i) facility 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) pipeline recycling and reuse plans;
new text end

new text begin (9) land reclamation activities;
new text end

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

new text begin (i) removing soil and water contamination;
new text end

new text begin (ii) protecting sensitive environmental areas;
new text end

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

new text begin (iv) managing the long-term effects of the abandoned 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) 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