Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 493-S.F.No. 2017 
           An act relating to utilities; defining the term 
          excavation; authorizing land surveyors to receive 
          location information related to underground 
          facilities; requiring notice of land surveys; 
          clarifying authority of commission to reinstate 
          original rate for a telephone service subject to 
          emerging competition on finding proposed rate is below 
          incremental cost or is not just and reasonable; 
          requiring commission to make final decision within 180 
          days on rate increase of telephone service subject to 
          effective competition, when contested case hearing is 
          not held; providing for telephone company promotion 
          activities; authorizing the recording of monuments on 
          plats before actual placement; amending Minnesota 
          Statutes 1990, sections 216D.01, subdivision 8, and by 
          adding subdivisions; 216D.04; 237.60, subdivision 2; 
          465.79, subdivisions 2 and 4; 505.02, subdivision 1; 
          and 505.03, subdivision 1; Minnesota Statutes 1991 
          Supplement, 216D.01, subdivision 5; proposing coding 
          for new law in Minnesota Statutes, chapter 237. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 216D.01, is 
amended by adding a subdivision to read: 
    Subd. 1b.  [BOUNDARY SURVEY.] "Boundary survey" means a 
survey made to establish or to reestablish a boundary line on 
the ground or to obtain data for preparing a map or plat showing 
boundary lines. 
    Sec. 2.  Minnesota Statutes 1991 Supplement, section 
216D.01, subdivision 5, is amended to read: 
    Subd. 5.  [EXCAVATION.] "Excavation" means an activity that 
moves, removes, or otherwise disturbs the soil by use of a 
motor, engine, hydraulic or pneumatically-powered tool, or 
machine-powered equipment of any kind, or by explosives.  
Excavation does not include:  
    (1) the repair or installation of agricultural drainage 
tile for which notice has been given as provided by section 
116I.07, subdivision 2; 
    (2) the extraction of minerals; 
    (3) the opening of a grave in a cemetery; 
    (4) normal maintenance of roads and streets if the 
maintenance does not change the original grade and does not 
involve the road ditch; 
    (5) plowing, cultivating, planting, harvesting, and similar 
operations in connection with growing crops, trees, and shrubs, 
unless any of these activities disturbs the soil to a depth of 
18 inches or more; or 
    (6) landscaping or gardening unless one of the activities 
disturbs the soil to a depth of 12 inches or more; or 
    (7) installation of real estate "For Sale" signs, unless 
the installation disturbs the soil to a depth of 12 inches or 
more. 
     Sec. 3.  Minnesota Statutes 1990, section 216D.01, is 
amended by adding a subdivision to read: 
    Subd. 6a.  [LAND SURVEYOR.] "Land surveyor" means a person 
licensed to practice land surveying under sections 326.02 to 
326.15. 
    Sec. 4.  Minnesota Statutes 1990, section 216D.01, 
subdivision 8, is amended to read: 
    Subd. 8.  [NOTIFICATION CENTER.] "Notification center" 
means a center that receives notice from excavators of planned 
excavation or other requests for location and transmits this 
notice to participating operators. 
    Sec. 5.  Minnesota Statutes 1990, section 216D.04, is 
amended to read: 
    216D.04 [EXCAVATION.] 
    Subdivision 1.  [NOTICE OF EXCAVATION REQUIRED; CONTENTS.] 
(a) Except in an emergency, an excavator or land surveyor shall 
contact the notification center and provide an excavation or 
location notice at least 48 hours before beginning any 
excavation or boundary survey, excluding Saturdays, Sundays, and 
holidays.  An excavation or boundary survey begins, for purposes 
of this requirement, the first time excavation or a boundary 
survey occurs in an area that was not previously identified by 
the excavator or land surveyor in an excavation or boundary 
survey notice.  
    (b) The excavation or boundary survey notice may be oral or 
written, and must contain the following information: 
    (1) the name of the individual providing the excavation or 
boundary survey notice; 
    (2) the precise location of the proposed area of excavation 
or boundary survey; 
    (3) the name, address, and telephone number of the 
excavator or land surveyor or excavator's or land surveyor's 
company; 
    (4) the excavator's or land surveyor's field telephone 
number, if one is available; 
    (5) the type and the extent of the proposed excavation or 
boundary survey work; 
    (6) whether or not the discharge of explosives is 
anticipated; and 
    (7) the date and time when excavation or boundary survey is 
to commence. 
    Subd. 2.  [DUTIES OF NOTIFICATION CENTER.] The notification 
center shall assign an inquiry identification number to each 
excavation or location notice and retain a record of all 
excavation or location notices received for at least six years.  
The center shall immediately transmit the information contained 
in an excavation or location notice to every operator that has 
an underground facility in the area of the proposed 
excavation or boundary survey.  
    Subd. 3.  [LOCATING UNDERGROUND FACILITIES.] (a) An 
operator shall, within 48 hours after receiving an excavation 
notice or within 96 hours after receiving a location notice from 
the center, excluding Saturdays, Sundays, and holidays, unless 
otherwise agreed to between the excavator or land surveyor and 
operator, locate and mark or otherwise provide the approximate 
horizontal location of the underground facilities of the 
operator, without cost to the excavator or land surveyor.  The 
excavator or land surveyor shall determine the precise location 
of the underground facility, without damage, before excavating 
within two feet of the marked location of the underground 
facility. 
    (b) For the purpose of this section, the approximate 
horizontal location of the underground facilities is a strip of 
land two feet on either side of the underground facilities.  
    (c) Markers used to designate the approximate location of 
underground facilities must follow the current color code 
standard used by the American Public Works Association. 
    (d) If the operator cannot complete marking of the 
excavation or boundary survey area before the excavation or 
boundary survey commencement time stated in the excavation or 
location notice, the operator shall promptly contact the 
excavator or land surveyor.  If the excavator or land surveyor 
postpones the excavation or boundary survey commencement time 
stated in the excavation or location notice by more than 48 
hours, or cancels the excavation or boundary survey, the 
excavator or land surveyor shall notify the notification center. 
    Sec. 6.  [237.115] [DISCUSSION OF INFORMATION SUBJECT TO A 
PROTECTIVE ORDER.] 
   In any meeting of the commission during which information 
that is subject to a protective order is discussed, the 
commission shall employ the procedures of section 14.60 to close 
to all persons who are not authorized to obtain the information 
under the protective order that portion of the meeting during 
which the information will be discussed and take other 
appropriate measures to ensure that the data is not disclosed to 
persons who are not authorized to obtain the information under 
the protective order. 
    Sec. 7.  Minnesota Statutes 1990, section 237.60, 
subdivision 2, is amended to read: 
    Subd. 2.  [EMERGING COMPETITION.] (a) A company may 
decrease the rate for a service subject to emerging competition 
that is listed in the price list, effective ten days after 
filing a new price list with the commission and the department, 
along with an incremental cost study demonstrating that the 
proposed new price is above incremental cost.  The commission 
shall prevent a proposed price reduction from going into 
effect or prospectively reinstate the original rate if the 
reduction has gone into effect if, after receiving a complaint 
or on its own motion, under section 237.081, the commission 
finds that the proposed new rate is below incremental cost or 
that the proposed new rate is not just and reasonable. 
    (b) A company may increase the rate for a service subject 
to emerging competition that is listed in the price list 
effective 30 days after notice is given to affected customers, 
the commission, and the department.  The notice and new price 
list filing to the commission and the department for a rate 
increase must include an incremental cost study demonstrating 
that the proposed price is above incremental cost.  The 
department shall investigate an increase in rates for services 
subject to emerging competition, and report its findings to the 
commission within 30 days of the filing.  The commission may, 
within 60 days after the date of the filing, order that the rate 
increase is interim in nature and subject to refund.  If interim 
rates are not ordered, the rate increase is not refundable.  If 
a rate is subject to refund, the commission, after a contested 
case hearing or an expedited hearing under section 237.61 if 
there are no material facts in dispute, must make a final 
decision regarding the propriety of the rate increase within ten 
six months of the date the price change was filed, except that 
if a contested case hearing before an administrative law judge 
is required the commission shall make a final decision within 
ten months of the date the price change was filed.  If the 
commission does not do so, the price change is deemed approved. 
    (c) If language describing a rate, term, or condition of 
service in a price list is changed without substantially 
altering the application of the price list, the change may take 
effect upon one-day notice to the commission. 
    (d) If a term or condition of service in a price list is 
changed in a way that results in a substantial change in the 
application of the price list, but the price is not changed, the 
change in the price list is effective at the same time as a 
price decrease under paragraph (a). 
    (e) If a new pricing plan is proposed for a service that is 
currently offered by a telephone company, the change in the 
price list is subject to the same schedules governing a price 
increase under paragraph (b).  For purposes of this paragraph, a 
new pricing plan is a proposal that bundles rate elements for a 
service, alters the definition of the rate elements for a 
service, or includes increases for some rate elements and 
decreases for other rate elements. 
    (f) A telephone company may offer a new service to its 
customers ten days after it files a price list and incremental 
cost study for the service with the department and the 
commission. 
    (g) A telephone company may discontinue a telephone service 
that is subject to emerging competition, as long as the 
discontinuance is effective for that service throughout the 
state, effective 60 days after notice to the commission, the 
department, and affected customers, unless the commission, 
within 45 days of the notice, orders a hearing on it.  If the 
commission orders a hearing, the commission shall make a final 
determination on the discontinuance within 180 days of the date 
that notice of the discontinuance was filed with the commission, 
except that if a contested case hearing before an administrative 
law judge is required the commission shall make a final decision 
within ten months of the date the notice of discontinuance was 
filed. 
    (h) A change in a price list not covered by paragraphs (a) 
to (f) must be reviewed according to the schedule prescribed for 
a price increase under paragraph (b). 
    (h) (i) An incremental cost study required by this section 
and, section 237.62, and section 4 must be a long-run 
incremental cost study unless the commission has allowed the 
telephone company required to do the study to set rates based on 
a variable cost study.  A telephone company may include a 
petition to file a variable cost study instead of a long-run 
incremental cost study with its notice of price change, notice 
of a promotion, or its filing of a new service.  The commission 
shall grant the petition if the company demonstrates that a 
long-run incremental cost study is burdensome in relation to its 
annual revenue from the service involved, that the company has a 
low market share, that the service is no longer being offered to 
new customers, or if the company shows other good cause.  A 
petition must be accompanied by a variable cost study.  If the 
petition is denied, the company shall withdraw a filing made 
under this section. 
    (i) (j) For purposes of this section and section 237.62, (1)
long-run incremental cost means the change in total cost 
associated with a change in volume of the service, expressed on 
a per-unit basis, and (2) variable cost means the change in 
total cost, excluding fixed costs, associated with a change in 
volume of service, expressed on a per-unit basis. 
    Sec. 8.  [237.626] [PROMOTION ACTIVITIES.] 
    A telephone company may promote the use of its services by 
offering a waiver of part or all of a recurring or a 
nonrecurring charge, a redemption coupon, or a premium with the 
purchase of a service.  Section 237.09 does not apply to 
promotions under this section, but the customer group to which 
the promotion is available must be based on reasonable 
distinctions among customers.  No single promotion may be 
effective for longer than 90 days at a time.  The service being 
promoted must have a price that is above the incremental cost of 
the service, including amortized cost of the promotion.  A 
promotion may take effect the day after the notice is filed with 
the commission.  The notice must identify customers to whom the 
promotion is available and include cost information 
demonstrating that the revenue from the service covers 
incremental cost, including cost of the promotion.  A telephone 
company that offers a promotion under this section shall file a 
report on the promotion with the commission and the department 
within 90 days of the conclusion of the promotion. 
     Sec. 9.  Minnesota Statutes 1990, section 465.79, 
subdivision 2, is amended to read: 
    Subd. 2.  [DUTIES OF BOUNDARY COMMISSION.] The boundary 
commission shall review metes and bounds property descriptions 
within the city.  Upon notice to all known parties in interest, 
the commission shall attempt to establish agreements between 
adjoining landowners as to the location of common boundaries as 
delineated by a certified land survey.  If agreement cannot be 
reached, the commission shall make a recommendation as to the 
location of the common boundary.  The commission shall prepare a 
plan designating all agreed and recommended boundary lines and 
report to the city council. 
    Sec. 10.  Minnesota Statutes 1990, section 465.79, 
subdivision 4, is amended to read: 
    Subd. 4.  [JUDICIAL REVIEW.] Following hearing, the council 
may petition the district court for judicial approval of the 
proposed plan.  If any affected parcel is land registered under 
chapter 508, the petition must be referred to the examiner of 
titles for a report.  The council shall provide sufficient 
information to identify all parties in interest and shall give 
notice to parties in interest as the court may order.  The court 
shall determine the location of any contested, disputed, or 
unagreed boundary and shall determine adverse claims to each 
parcel as provided in chapter 559.  After hearing and 
determining all disputes, the court shall issue its judgment in 
the form of a plat complying with chapter 505 and an order 
designating the owners and encumbrancers of each lot.  Real 
property taxes need not be paid or current as a condition of 
filing the plat, notwithstanding the requirements of section 
505.04. 
    Sec. 11.  Minnesota Statutes 1990, section 505.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  The land shall be surveyed and a plat made 
setting forth and naming all thoroughfares, showing all public 
grounds, and giving the dimensions of all lots, thoroughfares 
and public grounds.  All in-lots shall be numbered by beginning 
the numbering with number one and numbering each lot 
progressively, through the block in which they are situated, all 
blocks shall be numbered progressively, by beginning the 
numbering with the number one and numbering each block 
progressively through each plat.  Consecutive lot or block 
numbering shall not be continued from one plat into another.  
All outlots shall be designated by alphabetical order beginning 
with outlot "A" in each plat.  Durable iron monuments shall be 
set at all angle and curve points on the outside boundary lines 
of the plat and also at all block and lot corners and at all 
intermediate points on the block and lot lines indicating 
changes of direction in the lines and witness corners.  The plat 
shall indicate that all monuments have been set or will be set 
within one year after recording, or sooner as specified by the 
approving local governmental unit.  A financial guarantee may be 
required for the placement of monuments.  There shall be shown 
on the plat all survey and mathematical information and data 
necessary to locate all monuments and to locate and retrace any 
and all interior and exterior boundary lines appearing thereon.  
The outside boundary lines of the plat shall be correctly 
designated on the plat and shall show bearings on all straight 
lines, or angles at all angle points, and central angle and 
radii and arc length for all curves.  All distances shall be 
shown between all monuments as measured to the nearest hundredth 
of a foot.  All lot distances shall be shown on the plat to the 
nearest hundredth of a foot and all curved lines within the plat 
shall show central angles, radii and arc distances.  If a curved 
line constitutes the line of more than one lot in any block of a 
plat, the central angle for that part of each lot on the curved 
line shall be shown.  The width of all thoroughfares shall be 
shown on the plat.  Ditto marks shall not be used on the plat 
for any purpose.  In any instance where a river, stream, creek, 
lake or pond constitutes a boundary line within or of the plat, 
a survey line shall be shown with bearings or angles and 
distances between all angle points and their relation to a water 
line, and all distances measured on the survey line between lot 
lines shall be shown, and the survey line shall be shown as a 
dashed line.  The outside boundary lines of the plat shall close 
by latitude and departure with an error not to exceed one foot 
in 7,500 feet.  All rivers, streams, creeks, lakes, ponds, 
swamps, and all public highways and thoroughfares laid out, 
opened, or traveled (existing before the platting) shall be 
correctly located and plainly shown and designated on the plat.  
The name and adjacent boundary lines of any adjoining platted 
lands shall be dotted on the plat.  
    Sec. 12.  Minnesota Statutes 1990, section 505.03, 
subdivision 1, is amended to read: 
    Subdivision 1.  On the plat shall be written an instrument 
of dedication, which shall be signed and acknowledged by the 
owner of the land.  All signatures on the plat shall be written 
with black ink (not ball point).  The instrument shall contain a 
full and accurate description of the land platted and set forth 
what part of the land is dedicated, and also to whom, and for 
what purpose these parts are dedicated.  The surveyor shall 
certify on the plat that the plat is a correct representation of 
the survey, that all distances are correctly shown on the plat, 
that all monuments have been or will be correctly placed in the 
ground as shown or stated, and that the outside boundary lines 
are correctly designated on the plat.  If there are no wet lands 
or public highways to be designated in accordance with section 
505.02, the surveyor shall so state.  The certificate shall be 
sworn to before any officer authorized to administer an oath.  
The plat shall, except in cities whose charters provide for 
official supervision of plats by municipal officers or bodies, 
together with an abstract and certificate of title, be presented 
for approval to the council of the city or town board of towns 
wherein there reside over 5,000 people in which the land is 
located; and, if the land is located outside the limits of any 
city, or such town, then to the board of county commissioners of 
the county in which the land is located. 
    Presented to the governor April 16, 1992 
    Signed by the governor April 20, 1992, 4:38 p.m.