SF 794

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to utilities; modifying provisions of the one 
  1.3             call excavation notice system; amending Minnesota 
  1.4             Statutes 1998, section 216D.06, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 216D.06, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [NOTICE; REPAIR.] (a) If any damage occurs 
  1.9   to an underground facility or its protective covering, the 
  1.10  excavator shall notify the operator as soon as reasonably 
  1.11  possible promptly.  When the operator receives a damage notice, 
  1.12  the operator shall promptly dispatch personnel to the damage 
  1.13  area to investigate.  If the damage results in the escape of any 
  1.14  flammable, toxic, or corrosive gas or liquid or endangers life, 
  1.15  health, or property, the excavator responsible for the work 
  1.16  shall immediately notify the operator and the 911 public safety 
  1.17  answering point, as defined in section 403.02, subdivision 5, 
  1.18  and take immediate action to protect the public and 
  1.19  property and.  The excavator shall also attempt to minimize the 
  1.20  hazard until arrival of the operator's personnel or until 
  1.21  emergency responders have arrived and taken charge of the 
  1.22  damaged area completed their assessment.  The 911 public safety 
  1.23  answering point shall maintain a response plan for notifications 
  1.24  generated by this section.  
  1.25     (b) An excavator shall delay backfilling in the immediate 
  2.1   area of the damaged underground facilities until the damage has 
  2.2   been investigated by the operator, unless the operator 
  2.3   authorizes otherwise.  The repair of damage must be performed by 
  2.4   the operator or by qualified personnel authorized by the 
  2.5   operator. 
  2.6      (c) An excavator who knowingly damages an underground 
  2.7   facility, and who does not notify the operator as soon as 
  2.8   reasonably possible or who backfills in violation of paragraph 
  2.9   (b), is guilty of a misdemeanor.