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HF 844

as introduced - 94th Legislature (2025 - 2026) Posted on 03/17/2025 06:36pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/14/2025

Current Version - as introduced

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A bill for an act
relating to telecommunications; modifying provisions governing broadband
workforce plan data; modifying investigative authority; modifying provisions
governing underground telecommunications infrastructure; amending Minnesota
Statutes 2024, sections 116J.395, subdivision 9; 216B.17, subdivision 9; 326B.198,
subdivisions 1, 2, 3.

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

Section 1.

Minnesota Statutes 2024, section 116J.395, subdivision 9, is amended to read:


Subd. 9.

Workforce plan data.

(a) Grantees that serve more than deleted text begin 10,000deleted text end new text begin 100,000new text end
broadband customers and are receiving funding for projects under this section are required
to provide in annual reports information on the workforce performing installation work
funded through the grant, including:

(1) the number of installation labor hours performed by workforce directly employed
by the grantee or the Internet service provider;

(2) the number of installation labor hours performed by contractors and subcontractors
on grant-funded projects with subtotals for hours worked by Minnesota residents, people
of color, Indigenous people, women, and people with disabilities;

(3) the name, business address, and number of labor hours performed by each contractor
and subcontractor that participated in construction of a grant-funded project;

(4) the percentages of workforce performing installation labor whose straight-time hourly
pay rate was at least $25 and who received employer-paid medical coverage and retirement
benefits; and

(5) any other workforce plan information as determined by the commissioner.

(b) Following an award, the workforce plan and the requirement to submit ongoing
workforce reports shall be incorporated as material conditions of the contract with the
department and become enforceable, certified commitments.

Sec. 2.

Minnesota Statutes 2024, section 216B.17, subdivision 9, is amended to read:


Subd. 9.

deleted text begin Telecommunications and cable communications systemsdeleted text end new text begin Utility
infrastructure
new text end .

(a) The commission has authority under this section to investigate, upon
complaint or on its own motion, conduct by or on behalf of a deleted text begin telecommunications carrier,
telephone company, or cable communications system provider
deleted text end new text begin public utility, private utility,
or cooperative electric association
new text end that impacts publicnew text begin or privatenew text end utility or cooperative electric
association infrastructure. If the commission finds that the conduct damaged or unreasonably
interfered with the function of the infrastructure, the commission may take any action
authorized under sections 216B.52 to 216B.61 with respect to the provider.

(b) For purposes of this subdivision:

(1) "telecommunications carrier" has the meaning given in section 237.01, subdivision
6;

(2) "telephone company" has the meaning given in section 237.01, subdivision 7; and

(3) "cable communications system provider" means an owner or operator of a cable
communications system, as defined in section 238.02, subdivision 3.

Sec. 3.

Minnesota Statutes 2024, section 326B.198, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For the purposes of this section:

(1) "directional drilling" means a drilling method that utilizes a steerable drill bit to cut
a bore hole for installing underground utilities;

(2) "safety-qualified underground telecommunications installer" means a personnew text begin hired
after July 1, 2027,
new text end who has completed underground utilities installation certification under
subdivision 3;

(3) "underground telecommunications utilities" means buried broadband, telephone and
other telecommunications transmission, distribution and service lines, and associated
facilities; and

(4) "underground utilities" means buried electric transmission and distribution lines, gas
and hazardous liquids pipelines and distribution lines, sewer and water pipelines, telephone
or telecommunications lines, and associated facilities.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2024, section 326B.198, subdivision 2, is amended to read:


Subd. 2.

Installation requirements.

(a) The installation of underground
telecommunications infrastructure that is located within ten feet of existing underground
utilities or that crosses the existing underground utilities must be performed by
safety-qualified underground telecommunications installers as follows:

(1) the location of existing utilities by hand- or hydro-excavation or other accepted
methods must be performed by a safety-qualified underground telecommunications installer;new text begin
and
new text end

(2) where telecommunications infrastructure is installed by means of directional drilling,
the monitoring of the location and depth of the drill head must be performed by a
safety-qualified underground telecommunications installerdeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (3) no fewer than two safety-qualified underground telecommunications installers must
be present at all times at any location where telecommunications infrastructure is being
installed by means of directional drilling.
deleted text end

(b) Beginning July 1, deleted text begin 2025deleted text end new text begin 2027new text end , all installations of underground telecommunications
infrastructure subject to this subdivision within the seven-county metropolitan area must
be performed by safety-qualified underground telecommunications installers that meet the
requirements of this subdivision.

(c) Beginning January 1, deleted text begin 2026deleted text end new text begin 2028new text end , all installations of underground telecommunications
infrastructure subject to this subdivision within this state must be performed by
safety-qualified underground telecommunications installers that meet the requirements of
this subdivision.

new text begin (d) The installation of underground telecommunications infrastructure that is less than
36 inches in depth on private property is exempt from this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2024, section 326B.198, subdivision 3, is amended to read:


Subd. 3.

Certification Standards.

(a) The commissioner of labor and industry, in
consultation with the Office of Broadband, shall approve standards for a safety-qualified
underground telecommunications installer certification program that requires a person to:

(1) complete a deleted text begin 40-hourdeleted text end new text begin four-hournew text end initial course that includes classroomnew text begin , virtual classroom,
or learning management system
new text end and hands-on instruction covering proper work procedures
for safe installation of underground utilities, including:

(i) regulations applicable to excavation near existing utilities;

(ii) identification, location, and verification of utility lines using hand- or
hydro-excavation or other accepted methods;

(iii) response to line strike incidents;

(iv) traffic control procedures;

(v) use of a tracking device to safely guide directional drill equipment along a drill path;
and

(vi) avoidance and mitigation of safety hazards posed by underground utility installation
projects;new text begin and
new text end

(2) demonstrate knowledge of the course material by successfully completing an
examination approved by the commissionerdeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (3) complete a four-hour refresher course within three years of completing the original
course and every three years thereafter in order to maintain certification.
deleted text end

(b) The commissioner must develop an approval process for training providers under
this subdivision and may suspend or revoke the approval of any training provider that fails
to demonstrate consistent delivery of approved curriculum or success in preparing participants
to complete the examination.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Minnesota Office of the Revisor of Statutes, Centennial Office Building, 3rd Floor, 658 Cedar Street, St. Paul, MN 55155