SF 1134

as introduced - 93rd Legislature (2023 - 2024) Posted on 07/05/2023 02:57pm

A bill for an act
relating to public safety; requiring excavation notice reporting; tying civil penalties
for pipeline safety violations to federal law; amending Minnesota Statutes 2022,
sections 216D.03, by adding a subdivision; 299F.60, subdivision 1; 299J.16,
subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 216D.03, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Excavation notice system performance reporting. new text end

new text begin (a) Each operator must
submit a report to the Office of Pipeline Safety on a quarterly basis, using a form or database
entry designated by the Office of Pipeline Safety, that contains the following information:
new text end

new text begin (1) the total number of notifications, itemized by type;
new text end

new text begin (2) for each notification type, the percentage of notifications marked by the start time
on the notice; and
new text end

new text begin (3) the total number of utility damages, itemized by the cause of the damage.
new text end

new text begin (b) Other than a pipeline operator subject to chapter 299F or 299J, an operator with
fewer than 5,000 notifications received during the previous calendar year is exempt from
the reporting requirement under paragraph (a).
new text end

Sec. 2.

Minnesota Statutes 2022, section 299F.60, subdivision 1, is amended to read:

Subdivision 1.

Money penalty.

Any person who violates any provision of sections
299F.56 to 299F.641, or any rule issued thereunder, is subject to a civil penalty to be imposed
by the commissioner not to exceed deleted text begin $100,000 for each violation for each day that the violation
persists, except that the maximum civil penalty must not exceed $1,000,000 for any related
series of violations deleted text end new text begin the maximum penalties listed in Code of Federal Regulations, title 49,
part 190, and any successor regulations and standards that may be amended or adopted new text end .

Sec. 3.

Minnesota Statutes 2022, section 299J.16, subdivision 1, is amended to read:

Subdivision 1.

Civil penalty.

(a) A pipeline operator who violates section 299J.07,
subdivision 1, or 299J.15, or the rules of the commissioner implementing those sections,
shall forfeit and pay to the state a civil penalty in an amount to be determined by the court,
up to deleted text begin $100,000 for each day that the operator remains in violation, subject to a maximum
of $1,000,000 for a related series of violations deleted text end new text begin the maximum penalties listed in Code of
Federal Regulations, title 49, part 190, and any successor regulations and standards that
may be amended or adopted new text end .

(b) The penalty provided under this subdivision may be recovered by an action brought
by the attorney general at the request of the commissioner, in the name of the state, in
connection with an action to recover expenses of the director under section 299J.13,
subdivision 4:

(1) in the District Court of Ramsey County; or

(2) in the county of the defendant's residence.