HF 995

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to utilities; modifying notice and plan 
  1.3             requirements before excavating around utility 
  1.4             facilities; allowing notice exception for emergency; 
  1.5             requiring rules for damage reports; making technical 
  1.6             and clarifying changes; amending Minnesota Statutes 
  1.7             2002, sections 216D.04, subdivisions 1, 1a, 2, 3, 4; 
  1.8             216D.05; 216D.06, subdivision 3, by adding a 
  1.9             subdivision; 216D.08, subdivision 1. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 216D.04, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [NOTICE REQUIRED; CONTENTS.] (a) Except in 
  1.14  an emergency, an excavator shall and a land surveyor may contact 
  1.15  the notification center and provide an excavation or location 
  1.16  notice at least 48 hours, excluding Saturdays, Sundays, and 
  1.17  holidays and not more than 14 calendar days before beginning any 
  1.18  excavation or boundary survey, excluding Saturdays, Sundays, and 
  1.19  holidays.  An excavation or boundary survey begins, for purposes 
  1.20  of this requirement, the first time excavation or a boundary 
  1.21  survey occurs in an area that was not previously identified by 
  1.22  the excavator or land surveyor in an excavation or boundary 
  1.23  survey the notice. 
  1.24     (b) In an emergency, a person may engage in excavation if, 
  1.25  before commencing or as soon as practicable after commencing 
  1.26  excavation, the person gives notice of the emergency excavation 
  1.27  to the notification center and provides at least one 
  2.1   continuously staffed phone number where the excavator may be 
  2.2   contacted by facility operators regarding the emergency.  
  2.3   However, every person who engages in an emergency excavation 
  2.4   shall take all necessary and reasonable precautions to avoid or 
  2.5   minimize damage to existing underground facilities.  
  2.6      (c) The excavation notice may be oral or written, and must 
  2.7   contain the following information: 
  2.8      (1) the name of the individual providing the excavation 
  2.9   notice; 
  2.10     (2) the precise location of the proposed area of excavation 
  2.11  or survey; 
  2.12     (3) the name, address, and telephone number of the 
  2.13  excavator individual or excavator's individual's company; 
  2.14     (4) the excavator's field telephone number, if one is 
  2.15  available; 
  2.16     (5) the precise location, type, and the extent of the 
  2.17  proposed excavation activity; 
  2.18     (6) whether or not the discharge of explosives is 
  2.19  anticipated; 
  2.20     (7) the date and time when the excavation or survey is to 
  2.21  commence; and 
  2.22     (8) the estimated duration of the excavation activity. 
  2.23     (c) (d) When an excavator provides notice requesting a 
  2.24  meeting with facility operators, the notification center shall 
  2.25  generate a corresponding notice with an excavation start time 24 
  2.26  hours, excluding Saturdays, Sundays, and holidays, after the 
  2.27  time the meeting was requested on the location notice, unless a 
  2.28  later excavation start time is specified by the excavator. 
  2.29     (e) The boundary survey notice may be oral or written, and 
  2.30  must contain the following information: 
  2.31     (1) the name of the individual providing the boundary 
  2.32  survey; 
  2.33     (2) the precise location of the proposed area of the 
  2.34  boundary survey; 
  2.35     (3) the name, address, and telephone number of the land 
  2.36  surveyor or the land surveyor's company; 
  3.1      (4) the land surveyor's field telephone number, if 
  3.2   available; 
  3.3      (5) the extent of the proposed boundary survey; 
  3.4      (6) the date and time when the boundary survey is to 
  3.5   commence. 
  3.6      Sec. 2.  Minnesota Statutes 2002, section 216D.04, 
  3.7   subdivision 1a, is amended to read: 
  3.8      Subd. 1a.  [PLANS FOR EXCAVATION.] (a) Any person, prior to 
  3.9   soliciting bids or entering into a contract for excavation, 
  3.10  shall provide a proposed excavation request notice to the 
  3.11  notification center to obtain from the affected operators of 
  3.12  underground facilities the type, size, and general location of 
  3.13  underground facilities.  Affected operators shall provide the 
  3.14  information within 15 working days.  An operator who provides 
  3.15  information to a person who is not a unit of government may 
  3.16  indicate any portions of the information which are proprietary 
  3.17  and may require the person to provide appropriate 
  3.18  confidentiality protection.  The information obtained from 
  3.19  affected operators must be submitted with on the final drawing 
  3.20  used for the bid or contract.  This information must be obtained 
  3.21  updated not more than 90 days before completion of the final 
  3.22  drawing used for the bid or contract. 
  3.23     (b) This subdivision does not apply to bids and contracts 
  3.24  for: 
  3.25     (1) routine maintenance of underground facilities or 
  3.26  installation, maintenance, or repair of service lines; 
  3.27     (2) excavation for operators of underground facilities 
  3.28  performed on a unit of work or similar basis; or 
  3.29     (3) excavation for home construction and projects by home 
  3.30  owners. 
  3.31     (c) A person required by this section to show existing 
  3.32  underground facilities on its drawings shall conduct one or more 
  3.33  preliminary design meetings during the design phase to 
  3.34  communicate the project design and coordinate utility relocation.
  3.35  Affected facility operators shall attend these meetings. 
  3.36     (d) A person required by this section to show existing 
  4.1   underground facilities on its drawings shall conduct one or more 
  4.2   preconstruction meetings to communicate the project design and 
  4.3   coordinate utility relocation.  Affected facility operators and 
  4.4   contractors shall attend these meetings. 
  4.5      (e) This subdivision does not affect the obligation to 
  4.6   provide a notice of excavation as required under subdivision 1. 
  4.7      Sec. 3.  Minnesota Statutes 2002, section 216D.04, 
  4.8   subdivision 2, is amended to read: 
  4.9      Subd. 2.  [DUTIES OF NOTIFICATION CENTER.] The notification 
  4.10  center shall assign an inquiry identification number to 
  4.11  each excavation or location notice and retain a record of 
  4.12  all excavation or location notices received for at least six 
  4.13  years.  The center shall immediately transmit the information 
  4.14  contained in an excavation or location a notice to every 
  4.15  operator that has an underground facility in the area of the 
  4.16  proposed excavation or boundary survey.  
  4.17     Sec. 4.  Minnesota Statutes 2002, section 216D.04, 
  4.18  subdivision 3, is amended to read: 
  4.19     Subd. 3.  [LOCATING UNDERGROUND FACILITY; OPERATOR.] (a) 
  4.20  Before commencing excavation, an operator shall, within 48 hours 
  4.21  after receiving an excavation notice from the center, excluding 
  4.22  Saturdays, Sundays, and holidays, unless otherwise agreed to 
  4.23  between the excavator and operator, locate and mark or otherwise 
  4.24  provide (1) the approximate horizontal location of the 
  4.25  underground facilities of the operator, (2) the width of the 
  4.26  facility if greater than eight inches, (3) the name, initials, 
  4.27  or logo of the operator of the underground facility when more 
  4.28  than one operator listed on the notice uses the same color 
  4.29  markings, and provide (4) readily available information 
  4.30  regarding the operator's abandoned and out-of-service 
  4.31  underground facilities as shown on maps, drawings, diagrams, or 
  4.32  other records used in the operator's normal course of business, 
  4.33  without cost to the excavator.  The owner or operator of an 
  4.34  underground facility is also required to use reasonable efforts, 
  4.35  based on available information, to locate and mark any portion 
  4.36  of interconnected, privately owned, underground facilities that 
  5.1   are in a public right-of-way.  The excavator shall determine the 
  5.2   precise location of the underground facility, without damage, 
  5.3   before excavating within two feet of the marked location of the 
  5.4   underground facility. 
  5.5      An operator shall, (b) Within 96 hours or the time 
  5.6   specified in the notice, whichever is later, after receiving a 
  5.7   location notice for boundary survey from the notification 
  5.8   center, excluding Saturdays, Sundays, and holidays, unless 
  5.9   otherwise agreed to between the land surveyor and operator, an 
  5.10  operator shall locate and mark or otherwise provide the 
  5.11  approximate horizontal location of the underground facilities of 
  5.12  the operator, without cost to the land surveyor. 
  5.13     (b) (c) On receiving an emergency notice, an operator or 
  5.14  its designated representative shall attempt to contact the 
  5.15  excavator at the phone number provided within one hour to 
  5.16  provide information on any facilities at the excavation site.  
  5.17  If marking is necessary, the operator shall locate and mark 
  5.18  within two hours or by the start time, whichever is later, 
  5.19  unless for good reasons the operator cannot respond within two 
  5.20  hours or determines that not locating or marking the facility 
  5.21  would not endanger the public safety. 
  5.22     (d) For the purpose of this section, the approximate 
  5.23  horizontal location of the underground facilities is a strip of 
  5.24  land two feet on either side of the underground facilities.  
  5.25     (c) (e) Markers used to designate the approximate location 
  5.26  of underground facilities must follow the current color code 
  5.27  standard used by the American Public Works Association. 
  5.28     (d) (f) If the operator cannot complete marking of the 
  5.29  excavation or boundary survey area before the excavation or 
  5.30  boundary survey commencement start time stated in the excavation 
  5.31  or location notice, the operator shall promptly contact the 
  5.32  excavator or land surveyor.  
  5.33     (e)  Effective January 1, 1999 (g) After December 31, 1998, 
  5.34  operators shall maintain maps, drawings, diagrams, or other 
  5.35  records of any underground facility abandoned or out-of-service 
  5.36  after December 31, 1998. 
  6.1      (f) (h) An operator or other person providing information 
  6.2   pursuant to this subdivision is not responsible to any person, 
  6.3   for any costs, claims, or damages for information provided in 
  6.4   good faith regarding estimated depth or abandoned or, 
  6.5   out-of-service, or private or customer-owned underground 
  6.6   facilities. 
  6.7      Sec. 5.  Minnesota Statutes 2002, section 216D.04, 
  6.8   subdivision 4, is amended to read: 
  6.9      Subd. 4.  [LOCATING UNDERGROUND FACILITY; EXCAVATOR OR LAND 
  6.10  SURVEYOR.] (a) The excavator or land surveyor shall determine 
  6.11  the precise location of the underground facility, without 
  6.12  damage, before excavating within two feet on either side of the 
  6.13  marked location of the underground facility.  
  6.14     (b) If the excavator or land surveyor postpones the 
  6.15  excavation or boundary survey commencement time stated in the 
  6.16  excavation or location notice by more than 96 hours, or cancels 
  6.17  the excavation or boundary survey, the excavator or land 
  6.18  surveyor shall notify cancel the notice through the notification 
  6.19  center. 
  6.20     (c) The notification center excavation or location notice 
  6.21  will be void six months from the issue date on the notice.  A 
  6.22  new notice will need to be issued to continue excavation. is 
  6.23  valid for 14 calendar days from the start time stated on the 
  6.24  notice.  If the activity will continue after the expiration 
  6.25  time, then the person responsible for the activity shall serve 
  6.26  an additional notice at least 48 hours, excluding Saturdays, 
  6.27  Sundays, and holidays, before the expiration time of the 
  6.28  original notice.  If the excavator makes arrangements with the 
  6.29  operators affected to periodically verify or refresh the marks, 
  6.30  the notice is valid for six months from the start time stated on 
  6.31  the notice. 
  6.32     (d) The excavator is responsible for reasonably protecting 
  6.33  and preserving the marks until no longer required for proper and 
  6.34  safe excavation near the underground facility.  If the excavator 
  6.35  has reason to believe the marks are obliterated, obscured, 
  6.36  missing, or incorrect, the excavator shall notify the facility 
  7.1   operator or notification center in order to have an operator 
  7.2   verify or refresh the marks. 
  7.3      Sec. 6.  Minnesota Statutes 2002, section 216D.05, is 
  7.4   amended to read: 
  7.5      216D.05 [PRECAUTIONS TO AVOID DAMAGE.] 
  7.6      An excavator shall: 
  7.7      (1) plan the excavation to avoid damage to and minimize 
  7.8   interference with underground facilities in and near the 
  7.9   construction area, using; 
  7.10     (2) use white markings for proposed excavations except 
  7.11  where it can be shown that it is not practical; 
  7.12     (2) (3) maintain a clearance between an underground 
  7.13  facility and the cutting edge or point of any mechanized 
  7.14  equipment, considering the known limit of control of the cutting 
  7.15  edge or point to avoid damage to the facility; 
  7.16     (3) (4) provide support for underground facilities in and 
  7.17  near the construction area, including during backfill 
  7.18  operations, to protect the facilities; and 
  7.19     (4) (5) conduct the excavation in a careful and prudent 
  7.20  manner. 
  7.21     Sec. 7.  Minnesota Statutes 2002, section 216D.06, 
  7.22  subdivision 3, is amended to read: 
  7.23     Subd. 3.  [PRIMA FACIE EVIDENCE OF NEGLIGENCE.] It is prima 
  7.24  facie evidence of the excavator's negligence in a civil court 
  7.25  action if damage to the underground facilities of an operator 
  7.26  resulted from excavation, and the excavator failed to give an 
  7.27  excavation notice under section 216D.04 or provide support as 
  7.28  required by section 216D.05. 
  7.29     Sec. 8.  Minnesota Statutes 2002, section 216D.06, is 
  7.30  amended by adding a subdivision to read: 
  7.31     Subd. 4.  [DAMAGE REPORTING.] The commissioner shall adopt 
  7.32  rules establishing reasonable guidelines for operators to file 
  7.33  annual reports of damages to the operator's underground 
  7.34  facilities. 
  7.35     Sec. 9.  Minnesota Statutes 2002, section 216D.08, 
  7.36  subdivision 1, is amended to read: 
  8.1      Subdivision 1.  [PENALTY.] A Any person who is engaged in 
  8.2   excavation for remuneration or an operator other than an 
  8.3   operator subject to section 299F.59, subdivision 1, who violates 
  8.4   sections 216D.01 to 216D.07, except for a person engaged in 
  8.5   excavation without remuneration or an operator subject to 
  8.6   section 299F.59, subdivision 1, is subject to a civil penalty to 
  8.7   be imposed by the commissioner not to exceed $1,000 for each 
  8.8   violation per day of violation.  An operator subject to section 
  8.9   299F.59, subdivision 1, who violates sections 216D.01 to 216D.07 
  8.10  is subject to a civil penalty to be imposed under section 
  8.11  299F.60.