SF 2591

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 07/05/2023 02:57pm

A bill for an act
relating to transportation; authorizing certain entities to use public roads for the
purpose of constructing, using, operating, and maintaining high-voltage
transmission lines; prohibiting certain entities from receiving relocation
reimbursement; amending Minnesota Statutes 2022, sections 161.45, subdivisions
1, 2; 161.46, subdivision 2; 222.37, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 161.45, subdivision 1, is amended to read:

Subdivision 1.

Rules.

new text begin (a) new text end Electric transmission, telephone, or telegraph lines; pole lines;
community antenna television lines; railways; ditches; sewers; water, heat, or gas mains;
gas and other pipelines; flumes; or other structures which, under the laws of this state or
the ordinance of any city, may be constructed, placed, or maintained across or along any
trunk highway, or the roadway thereof, by any person, persons, corporation, or any
subdivision of the state, may be so maintained or hereafter constructed only in accordance
with such rules as may be prescribed by the commissioner who shall have power to prescribe
and enforce reasonable rules with reference to the placing and maintaining along, across,
or in any such trunk highway of any of the utilities hereinbefore set forth new text begin .
new text end

new text begin (b) The rules under paragraph (a) must not prohibit an entity that has a right to use the
public road right-of-way pursuant to section 222.37, subdivision 1, and that has a power
purchase agreement or an agreement to transfer ownership with a Minnesota utility that
directly, or through its members or agents, provides retail electric service in the state from
placing and maintaining electric transmission lines along, across, or in any trunk highway
except as necessary to protect public safety new text end . Nothing herein shall restrict the actions of
public authorities in extraordinary emergencies nor restrict the power and authority of the
commissioner of commerce as provided for in other provisions of law. Provided, however,
that in the event any local subdivision of government has enacted ordinances relating to the
method of installation or requiring underground installation of such community antenna
television lines, the permit granted by the commissioner of transportation shall require
compliance with such local ordinance.

Sec. 2.

Minnesota Statutes 2022, section 161.45, subdivision 2, is amended to read:

Subd. 2.

Relocation of utility.

Whenever the relocation of any utility facility is
necessitated by the construction of a project on new text begin a new text end trunk highway deleted text begin routes other than those
described in section 161.46, subdivision 2 deleted text end new text begin route new text end , the relocation work may be made a part
of the state highway construction contract or let as a separate contract as provided by law
if the owner or operator of the facility requests the commissioner to act as its agent for the
purpose of relocating the facilities and if the commissioner determines that such action is
in the best interests of the state. Payment by the utility owner or operator to the state shall
be in accordance with applicable statutes and the rules for utilities on trunk highways.

Sec. 3.

Minnesota Statutes 2022, section 161.46, subdivision 2, is amended to read:

Subd. 2.

Relocation of facilities; reimbursement.

new text begin (a) new text end Whenever the commissioner shall
determine the relocation of any utility facility is necessitated by the construction of a project
on the routes of federally aided state trunk highways, including urban extensions thereof,
which routes are included within the National System of Interstate Highways, the owner or
operator of such utility facility shall relocate the same in accordance with the order of the
commissioner. After the completion of such relocation the cost thereof shall be ascertained
and paid by the state out of trunk highway funds; provided, however, the amount to be paid
by the state for such reimbursement shall not exceed the amount on which the federal
government bases its reimbursement for said interstate system.

new text begin (b) Notwithstanding paragraph (a), on or after January 1, 2024, any entity that receives
a route permit under chapter 216E for a high-voltage transmission line necessary to
interconnect an electric power generating facility is not eligible for relocation reimbursement
unless the entity directly, or through its members or agents, provides retail electric service
in this state.
new text end

Sec. 4.

Minnesota Statutes 2022, section 222.37, subdivision 1, is amended to read:

Subdivision 1.

Use requirements.

Any water power, telegraph, telephone, pneumatic
tube, pipeline, community antenna television, cable communications or electric light, heat,
power company, new text begin 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 state, new text end or fire department may use public
roads for the purpose of constructing, using, operating, and maintaining lines, subways,
canals, conduits, new text begin transmission lines, new text end hydrants, or dry hydrants, for their business, but such
lines shall be so located as in no way to interfere with the safety and convenience of ordinary
travel along or over the same; and, in the construction and maintenance of such line, subway,
canal, conduit, new text begin transmission lines, new text end hydrants, or dry hydrants, the deleted text begin company deleted text end new text begin entity new text end shall be
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 deleted text begin company deleted text end new text begin
entity new text end to obtain a permit, deleted text begin a company deleted text end new text begin an entity new text end shall 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 deleted text begin company's deleted text end new text begin entity's new text end 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 repair deleted text begin a company deleted text end new text begin an entity new text end shall 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, new text begin electric power generating
system, high-voltage transmission line, new text end or hydrant system within the corporate limits of any
city until such person shall have obtained 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.