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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 348-S.F.No. 2445 
                  An act relating to public safety; regulating 
                  excavation notice system; authorizing commissioner of 
                  public safety to appoint pipeline safety committee; 
                  increasing civil penalty; amending Minnesota Statutes 
                  1996, sections 216D.04, subdivisions 1, 3, and by 
                  adding a subdivision; 216D.05; and 216D.08, 
                  subdivisions 1 and 3; proposing coding for new law in 
                  Minnesota Statutes, chapter 299J; repealing Minnesota 
                  Statutes 1996, section 299J.06. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 216D.04, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NOTICE OF EXCAVATION REQUIRED; CONTENTS.] 
        (a) Except in an emergency, an excavator shall and a land 
        surveyor may 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.; and 
           (8) the estimated duration of the excavation. 
           (c) The boundary survey notice may be oral or written, and 
        must contain the following information: 
           (1) the name of the individual providing the boundary 
        survey; 
           (2) the precise location of the proposed area of the 
        boundary survey; 
           (3) the name, address, and telephone number of the land 
        surveyor or the land surveyor's company; 
           (4) the land surveyor's field telephone number, if 
        available; 
           (5) the extent of the proposed boundary survey; 
           (6) the date and time when the boundary survey is to 
        commence. 
           Sec. 2.  Minnesota Statutes 1996, section 216D.04, 
        subdivision 3, is amended to read: 
           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 and provide readily available information regarding the 
        operator's abandoned and out-of-service underground facilities 
        as shown on maps, drawings, diagrams, or other records used in 
        the operator's normal course of business, 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. 
           An operator shall, within 96 hours after receiving a 
        location notice for boundary survey from the notification 
        center, excluding Saturdays, Sundays, and holidays, unless 
        otherwise agreed to between the 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 land surveyor. 
           (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. 
           (e) Effective January 1, 1999, operators shall maintain 
        maps, drawings, diagrams, or other records of any underground 
        facility abandoned or out-of-service after December 31, 1998. 
           (f) An operator providing information pursuant to this 
        subdivision is not responsible to any person, for any costs, 
        claims, or damages for information provided in good faith 
        regarding abandoned or out-of-service underground facilities. 
           Sec. 3.  Minnesota Statutes 1996, section 216D.04, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [LOCATING UNDERGROUND FACILITIES; EXCAVATOR OR 
        LAND SURVEYOR.] (a) The excavator or land surveyor shall 
        determine the precise location of the underground facility, 
        without damage, before excavating within two feet on either side 
        of the marked location of the underground facility.  
           (b) If the excavator or land surveyor postpones the 
        excavation or boundary survey commencement time stated in the 
        excavation or location notice by more than 96 hours, or cancels 
        the excavation or boundary survey, the excavator or land 
        surveyor shall notify the notification center. 
           (c) The notification center excavation or location notice 
        will be void six months from the issue date on the notice.  A 
        new notice will need to be issued to continue excavation.  
           Sec. 4.  Minnesota Statutes 1996, section 216D.05, is 
        amended to read: 
           216D.05 [PRECAUTIONS TO AVOID DAMAGE.] 
           An excavator shall: 
           (1) plan the excavation to avoid damage to and minimize 
        interference with underground facilities in and near the 
        construction area, using white markings for proposed excavations 
        where practical; 
           (2) maintain a clearance between an underground facility 
        and the cutting edge or point of any mechanized equipment, 
        considering the known limit of control of the cutting edge or 
        point to avoid damage to the facility; 
           (3) provide support for underground facilities in and near 
        the construction area, including during backfill operations, to 
        protect the facilities; and 
           (4) conduct the excavation in a careful and prudent manner. 
           Sec. 5.  Minnesota Statutes 1996, section 216D.08, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PENALTY.] A person who is engaged in 
        excavation for remuneration or an operator other than an 
        operator subject to section 299F.59, subdivision 1, who violates 
        sections 216D.01 to 216D.07 is subject to a civil penalty to be 
        imposed by the commissioner not to exceed $500 $1,000 for each 
        violation per day of violation.  An operator subject to section 
        299F.59, subdivision 1, who violates sections 216D.01 to 216D.07 
        is subject to a civil penalty to be imposed under section 
        299F.60.  
           Sec. 6.  Minnesota Statutes 1996, section 216D.08, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CREDITED TO PIPELINE SAFETY ACCOUNT; 
        APPROPRIATION.] Penalties collected under this section must be 
        deposited in the state treasury and credited to the pipeline 
        safety account to be applied to the reduction of expenses or 
        costs assessed by the commissioner against persons regulated 
        under this chapter.  Penalties collected under this section are 
        annually appropriated to the commissioner of public safety.  
           Sec. 7.  [299J.061] [ADVISORY COMMITTEE AUTHORIZED.] 
           Subdivision 1.  [AUTHORITY.] The commissioner may appoint a 
        pipeline advisory committee to advise the commissioner, 
        director, environmental quality board, and other appropriate 
        federal, state, and local government agencies and officials on 
        matters relating to pipeline safety, routing, construction, and 
        operation.  If requested by the commissioner, the committee 
        shall review and comment on proposed rules and the operation of 
        the office of pipeline safety. 
           Subd. 2.  [MEMBERSHIP.] At minimum, the committee must 
        consist of representatives of the hazardous liquid pipeline 
        industry, the gas distribution industry, the gas pipeline 
        industry, the pipeline design and construction industry, state 
        or local government, and the general public. 
           Subd. 3.  [TERMS; COMPENSATION; REMOVAL.] The terms, 
        compensation, and removal of committee members are governed by 
        section 15.059. 
           Sec. 8.  [REPEALER.] 
           Minnesota Statutes 1996, section 299J.06, is repealed. 
           Sec. 9.  [EFFECTIVE DATE.] 
           Sections 7 and 8 are effective June 30, 1998. 
           Presented to the governor March 30, 1998 
           Signed by the governor April 2, 1998, 11:05 a.m.