Minnesota Legislature
SF 3368
Conference Committee Report - 89th Legislature (2015 - 2016) Posted on 05/20/2016 04:21pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 3368
1.3relating to transportation; modifying permit requirements for temporary use
1.4of certain rights-of-way; amending Minnesota Statutes 2014, section 160.27,
1.5by adding subdivisions; Minnesota Statutes 2015 Supplement, section 160.27,
1.6subdivision 10.
1.7May 20, 2016
1.8The Honorable Sandra L. Pappas
1.9President of the Senate
1.10The Honorable Kurt L. Daudt
1.11Speaker of the House of Representatives
1.12We, the undersigned conferees for S.F. No. 3368 report that we have agreed upon
1.13the items in dispute and recommend as follows:
1.14That the House recede from its amendments and that S.F. No. 3368 be further
1.15amended as follows:
1.16Delete everything after the enacting clause and insert:
"1.17 Section 1. Minnesota Statutes 2015 Supplement, section 160.27, subdivision 10,
1.18is amended to read:
1.19 Subd. 10. Department of Transportation temporary permit for field application.
1.20(a) In connection with the use ofthe road right-of-way of a road authority controlled by
1.21the commissioner, excluding on controlled-access highways under section160.08 , a
1.22property owner or occupant of propertyabutting the road right-of-way may apply for a
1.23permit for temporary placement, for up to 14 days, of a pressurized flexible force mainfor
1.24the to transport of manure for field application.
1.25(b) The property owner or occupant must:
1.26(1) identify the entire length of the right-of-way for use under the permit;
1.27(2) place the force main within the backslope of theroad authority's right-of-way
1.28where possible;
1.29(3) place pumping equipment outside theroad authority's right-of-way; and
1.30(4) meet all of the permit requirements identified by theroad authority commissioner.
2.1(c) Once theroad authority commissioner has issued a permit, the property owner or
2.2occupant mayinstall place the force main over the length of the right-of-way from the
2.3permittee's property to where the manure will be applied, irrespective of whether the
2.4permittee is the owner or occupant of all property abutting the portion of the right-of-way
2.5where the force main is to beinstalled placed.
2.6(d) The commissioner may restrict the number of force mains simultaneously
2.7located in the same right-of-way.
2.8EFFECTIVE DATE.This section is effective the day following final enactment.
2.9 Sec. 2. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
2.10to read:
2.11 Subd. 11. Local road authority temporary permit for certain field application.
2.12(a) A local road authority may, by ordinance, establish a permitting process to authorize
2.13the placement of pressurized flexible force main within right-of-way under the jurisdiction
2.14of the local road authority to transport manure for field application. A town board must be
2.15authorized to adopt the ordinance at an annual town meeting. A local road authority must
2.16not impose a fee or other charge for the permit. A permit issued under the ordinance is
2.17valid for one year or longer as specified by the local road authority.
2.18(b) A local road authority that has adopted an ordinance providing for a permitting
2.19process must issue a permit to any property owner or occupant who applies for a permit if:
2.20(1) the applicant submits a complete application at least five days prior to the day the
2.21applicant intends to place the force main within the identified right-of-way or a shorter
2.22time if approved by the road authority; and
2.23(2) the requirements under subdivision 13 are met.
2.24 Sec. 3. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
2.25to read:
2.26 Subd. 12. General authority for certain field application. When the local road
2.27authority has not adopted an ordinance establishing a permitting process under subdivision
2.2811, an owner or occupant may place a pressurized flexible force main within right-of-way
2.29under the jurisdiction of the local road authority to transport manure for field application if:
2.30(1) the local road authority has not notified the owner or occupant of scheduled road
2.31authority maintenance activities that would be unduly interfered with if the placement
2.32occurred during the maintenance activity; and
2.33(2) the requirements under subdivision 13 are met.
3.1 Sec. 4. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
3.2to read:
3.3 Subd. 13. General regulations regarding certain field application. The following
3.4requirements apply when a force main is placed in a road right-of-way under subdivision
3.511 or 12:
3.6(1) the owner or occupant must provide, at least one business day prior to placement
3.7of the force main, written or electronic notice to the local road authority of the intent to
3.8place a force main within an identified right-of-way;
3.9(2) unless specifically authorized, the force main must not be left in a right-of-way
3.10for more than 21 consecutive days;
3.11(3) the owner or occupant must identify and notify the local road authority of the
3.12intended starting and end points, and the path of the intended placement;
3.13(4) the owner or occupant must provide to the local road authority the intended
3.14starting and ending dates the force main will be placed in the right-of-way;
3.15(5) unless otherwise instructed by the applicable local road authority, the owner or
3.16occupant must place the force main in the backslope of the right-of-way to the extent
3.17possible;
3.18(6) unless specifically instructed otherwise, the owner or occupant must place all
3.19pumping equipment outside of the right-of-way;
3.20(7) the identified right-of-way must not be a controlled-access highway under
3.21section 160.08;
3.22(8) the owner or occupant must provide the local road authority (i) the owner or
3.23occupant's full name, address, and phone number where the owner or occupant can be
3.24reached during the time the force main is placed within the right-of-way, and (ii) any other
3.25contact information where the owner or occupant can be reached after the force main
3.26has been removed from the right-of-way;
3.27(9) field application must be performed by the holder of a valid commercial animal
3.28waste technician applicator license under section 18C.430, including proof of financial
3.29responsibility;
3.30(10) the force main placement must not unreasonably interfere with: (i) another
3.31landowner or occupant's access to the owner or occupant's property; (ii) the safe use of
3.32the right-of-way in which the force main is placed; (iii) the safe use of any driveway or
3.33private road that the force main crosses; or (iv) maintenance activities authorized by
3.34the local road authority;
3.35(11) no prior notice under clause (1) or permit under subdivision 11 is required if
3.36the placement of the force main is necessary to prevent overflow of a manure lagoon or
4.1manure storage pond or to deal with emergency pumping activities created by flooding,
4.2natural disaster, or declared emergency. The owner or occupant must make a good faith
4.3effort to notify the local road authority of emergency placement and operation of a force
4.4main under this clause, and must remove the force main within three days following the
4.5end of the impending overflow, flood, natural disaster response, or declared emergency;
4.6(12) the local road authority may remove or have removed, at the owner or
4.7occupant's expense, any force main remaining in a right-of-way beyond the number of
4.8days authorized under this section;
4.9(13) the owner or occupant is responsible for restoring the right-of-way to the
4.10preplacement condition, including the immediate cleanup of any spillage or leakage of
4.11manure into the right-of-way; and
4.12(14) a local road authority may, by ordinance, restrict the number of force mains
4.13simultaneously located in the same right-of-way.
4.14 Sec. 5. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
4.15to read:
4.16 Subd. 14. Damage or spills; liability and immunity. (a) A commercial animal
4.17waste technician company licensed under section 18C.430 using a pressurized flexible
4.18force main for the transport of manure for field application under this section is liable for
4.19the costs of cleanup and repair for any spill or damage caused by a commercial animal
4.20waste technician applicator during the placement, use, or removal of the force main.
4.21(b) Neither the commissioner nor any city, county, or town road authority is subject
4.22to any cause of action arising from the placement or operation of a pressurized flexible
4.23force main under this section.
4.24APPLICATION.This section applies to causes of action arising after the effective
4.25date of this section.
4.26 Sec. 6. EFFECTIVE DATE.
4.27This act is effective the day following final enactment.
"4.28Correct the title numbers accordingly
1.3relating to transportation; modifying permit requirements for temporary use
1.4of certain rights-of-way; amending Minnesota Statutes 2014, section 160.27,
1.5by adding subdivisions; Minnesota Statutes 2015 Supplement, section 160.27,
1.6subdivision 10.
1.7May 20, 2016
1.8The Honorable Sandra L. Pappas
1.9President of the Senate
1.10The Honorable Kurt L. Daudt
1.11Speaker of the House of Representatives
1.12We, the undersigned conferees for S.F. No. 3368 report that we have agreed upon
1.13the items in dispute and recommend as follows:
1.14That the House recede from its amendments and that S.F. No. 3368 be further
1.15amended as follows:
1.16Delete everything after the enacting clause and insert:
"1.17 Section 1. Minnesota Statutes 2015 Supplement, section 160.27, subdivision 10,
1.18is amended to read:
1.19 Subd. 10. Department of Transportation temporary permit for field application.
1.20(a) In connection with the use of
1.21the commissioner, excluding on controlled-access highways under section
1.22property owner or occupant of property
1.23permit for temporary placement, for up to 14 days, of a pressurized flexible force main
1.24
1.25(b) The property owner or occupant must:
1.26(1) identify the entire length of the right-of-way for use under the permit;
1.27(2) place the force main within the backslope of the
1.28where possible;
1.29(3) place pumping equipment outside the
1.30(4) meet all of the permit requirements identified by the
2.1(c) Once the
2.2occupant may
2.3permittee's property to where the manure will be applied, irrespective of whether the
2.4permittee is the owner or occupant of all property abutting the portion of the right-of-way
2.5where the force main is to be
2.6(d) The commissioner may restrict the number of force mains simultaneously
2.7located in the same right-of-way.
2.8EFFECTIVE DATE.This section is effective the day following final enactment.
2.9 Sec. 2. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
2.10to read:
2.11 Subd. 11. Local road authority temporary permit for certain field application.
2.12(a) A local road authority may, by ordinance, establish a permitting process to authorize
2.13the placement of pressurized flexible force main within right-of-way under the jurisdiction
2.14of the local road authority to transport manure for field application. A town board must be
2.15authorized to adopt the ordinance at an annual town meeting. A local road authority must
2.16not impose a fee or other charge for the permit. A permit issued under the ordinance is
2.17valid for one year or longer as specified by the local road authority.
2.18(b) A local road authority that has adopted an ordinance providing for a permitting
2.19process must issue a permit to any property owner or occupant who applies for a permit if:
2.20(1) the applicant submits a complete application at least five days prior to the day the
2.21applicant intends to place the force main within the identified right-of-way or a shorter
2.22time if approved by the road authority; and
2.23(2) the requirements under subdivision 13 are met.
2.24 Sec. 3. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
2.25to read:
2.26 Subd. 12. General authority for certain field application. When the local road
2.27authority has not adopted an ordinance establishing a permitting process under subdivision
2.2811, an owner or occupant may place a pressurized flexible force main within right-of-way
2.29under the jurisdiction of the local road authority to transport manure for field application if:
2.30(1) the local road authority has not notified the owner or occupant of scheduled road
2.31authority maintenance activities that would be unduly interfered with if the placement
2.32occurred during the maintenance activity; and
2.33(2) the requirements under subdivision 13 are met.
3.1 Sec. 4. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
3.2to read:
3.3 Subd. 13. General regulations regarding certain field application. The following
3.4requirements apply when a force main is placed in a road right-of-way under subdivision
3.511 or 12:
3.6(1) the owner or occupant must provide, at least one business day prior to placement
3.7of the force main, written or electronic notice to the local road authority of the intent to
3.8place a force main within an identified right-of-way;
3.9(2) unless specifically authorized, the force main must not be left in a right-of-way
3.10for more than 21 consecutive days;
3.11(3) the owner or occupant must identify and notify the local road authority of the
3.12intended starting and end points, and the path of the intended placement;
3.13(4) the owner or occupant must provide to the local road authority the intended
3.14starting and ending dates the force main will be placed in the right-of-way;
3.15(5) unless otherwise instructed by the applicable local road authority, the owner or
3.16occupant must place the force main in the backslope of the right-of-way to the extent
3.17possible;
3.18(6) unless specifically instructed otherwise, the owner or occupant must place all
3.19pumping equipment outside of the right-of-way;
3.20(7) the identified right-of-way must not be a controlled-access highway under
3.21section 160.08;
3.22(8) the owner or occupant must provide the local road authority (i) the owner or
3.23occupant's full name, address, and phone number where the owner or occupant can be
3.24reached during the time the force main is placed within the right-of-way, and (ii) any other
3.25contact information where the owner or occupant can be reached after the force main
3.26has been removed from the right-of-way;
3.27(9) field application must be performed by the holder of a valid commercial animal
3.28waste technician applicator license under section 18C.430, including proof of financial
3.29responsibility;
3.30(10) the force main placement must not unreasonably interfere with: (i) another
3.31landowner or occupant's access to the owner or occupant's property; (ii) the safe use of
3.32the right-of-way in which the force main is placed; (iii) the safe use of any driveway or
3.33private road that the force main crosses; or (iv) maintenance activities authorized by
3.34the local road authority;
3.35(11) no prior notice under clause (1) or permit under subdivision 11 is required if
3.36the placement of the force main is necessary to prevent overflow of a manure lagoon or
4.1manure storage pond or to deal with emergency pumping activities created by flooding,
4.2natural disaster, or declared emergency. The owner or occupant must make a good faith
4.3effort to notify the local road authority of emergency placement and operation of a force
4.4main under this clause, and must remove the force main within three days following the
4.5end of the impending overflow, flood, natural disaster response, or declared emergency;
4.6(12) the local road authority may remove or have removed, at the owner or
4.7occupant's expense, any force main remaining in a right-of-way beyond the number of
4.8days authorized under this section;
4.9(13) the owner or occupant is responsible for restoring the right-of-way to the
4.10preplacement condition, including the immediate cleanup of any spillage or leakage of
4.11manure into the right-of-way; and
4.12(14) a local road authority may, by ordinance, restrict the number of force mains
4.13simultaneously located in the same right-of-way.
4.14 Sec. 5. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
4.15to read:
4.16 Subd. 14. Damage or spills; liability and immunity. (a) A commercial animal
4.17waste technician company licensed under section 18C.430 using a pressurized flexible
4.18force main for the transport of manure for field application under this section is liable for
4.19the costs of cleanup and repair for any spill or damage caused by a commercial animal
4.20waste technician applicator during the placement, use, or removal of the force main.
4.21(b) Neither the commissioner nor any city, county, or town road authority is subject
4.22to any cause of action arising from the placement or operation of a pressurized flexible
4.23force main under this section.
4.24APPLICATION.This section applies to causes of action arising after the effective
4.25date of this section.
4.26 Sec. 6. EFFECTIVE DATE.
4.27This act is effective the day following final enactment.
"4.28Correct the title numbers accordingly