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

  

                         Laws of Minnesota 1987 

                         CHAPTER 353-S.F.No. 90 
          An act relating to public safety; pipelines and 
          underground facilities; requiring a routing permit to 
          construct a new pipeline; creating the office of 
          pipeline safety and providing for its powers and 
          duties; authorizing rulemaking for purposes of 
          delegation of federal authority; creating the pipeline 
          safety advisory commission; regulating the operation 
          of certain pipelines; requiring the adoption of 
          pipeline setback ordinances; providing for 
          notification of excavation in the area of underground 
          facilities; providing for a pipeline inspection fee; 
          providing penalties; appropriating money; amending 
          Minnesota Statutes 1986, sections 116I.02, 
          subdivisions 2 and 3; 117.48; 117.49; 216B.16, by 
          adding a subdivision; 299F.56, by adding a 
          subdivision; 299F.57; 299F.58; 299F.60; 299F.61; 
          299F.62; 299F.63; and 299F.64; proposing coding for 
          new law in Minnesota Statutes, chapter 116I; proposing 
          coding for new law as Minnesota Statutes, chapters 
          216C and 299J. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                            PIPELINE ROUTING 
    Section 1.  [116I.015] [ROUTING OF CERTAIN PIPELINES.] 
    Subdivision 1.  [DEFINITION.] For purposes of this section 
and notwithstanding section 116I.01, subdivision 3, "pipeline" 
means:  
    (1) pipe with a nominal diameter of six inches or more that 
is designed to transport hazardous liquids, but does not include 
pipe designed to transport a hazardous liquid by gravity, and 
pipe designed to transport or store a hazardous liquid within a 
refining, storage, or manufacturing facility; or 
    (2) pipe designed to be operated at a pressure of more than 
275 pounds per square inch and to carry gas. 
   Subd. 2.  [PROHIBITION.] A person may not construct a 
pipeline without a pipeline routing permit issued by the 
environmental quality board unless the pipeline is exempted from 
the board's routing authority under this section or rules 
adopted under this section.  A pipeline requiring a permit may 
only be constructed on a route designated by the board. 
   Subd. 3.  [RULES.] (a) The environmental quality board 
shall adopt rules governing the routing of pipelines.  The rules 
apply only to the route of pipelines and may not set safety 
standards for the construction of pipelines.  
    (b) The rules must: 
    (1) require that a person proposing construction of a 
pipeline submit to the board one preferred route for the 
pipeline and evidence of consideration of alternatives; 
    (2) provide for notice of proposed pipeline routes to local 
units of government and to owners and lessees of property along 
the routes being considered; 
    (3) provide for public hearings on proposed pipeline routes;
    (4) provide criteria that the board will use in determining 
pipeline routes, which must include the existence of populated 
areas, consideration of local government land use laws including 
ordinances adopted under section 26, and the impact of the 
proposed pipeline on the natural environment; 
    (5) provide a procedure that the board will follow in 
issuing pipeline routing permits and require the board to issue 
the permits within nine months after the permit application is 
received by the board, unless the board extends this deadline 
for cause; 
    (6) provide for the payment of fees by persons proposing to 
construct pipelines to cover the costs of the board in 
implementing this section; 
    (7) allow the board to provide exemptions from all or part 
of the pipeline routing permit application process in 
emergencies or if the board determines that the proposed 
pipeline will not have a significant impact on humans or the 
environment; 
    (8) require exemption determinations to be made within 90 
days after an application; and 
     (9) require that a person who has constructed a pipeline, 
to the extent possible, restore the area affected by the 
pipeline to the natural conditions that existed immediately 
before construction of the pipeline, provided that this 
restoration is compatible with the safe operation, maintenance, 
and inspection of the pipeline. 
    (c) The rules do not apply to temporary use of a route for 
purposes other than installation of a pipeline, to securing 
survey or geological data, to repair or replacement of an 
existing pipeline within the existing right-of-way, or to minor 
relocation of less than three-quarters of a mile of an existing 
pipeline.  The rules do not apply to construction of new 
pipeline in a right-of-way in which pipeline has been 
constructed before the effective date of subdivision 2 or in a 
right-of-way that has been approved by the board after the 
effective date of subdivision 2, except when the board 
determines that there is a significant chance of an adverse 
effect on the environment or that there has been a significant 
change in land use or population density in or near the 
right-of-way since the first construction of pipeline in the 
right-of-way, or since the board first approved the right-of-way.
    Subd. 4.  [PRIMARY RESPONSIBILITY AND REGULATION OF ROUTE 
DESIGNATION.] The issuance of a pipeline routing permit under 
this section and subsequent purchase and use of the route 
locations is the only site approval required to be obtained by 
the person owning or constructing the pipeline.  The pipeline 
routing permit supersedes and preempts all zoning, building, or 
land use rules, regulations, or ordinances promulgated by 
regional, county, local, and special purpose governments. 
    Sec. 2.  Minnesota Statutes 1986, section 116I.02, 
subdivision 2, is amended to read:  
    Subd. 2.  Any person proposing to construct or operate a 
pipeline for which a pipeline routing permit is not required 
under section 1, shall so notify the environmental quality board 
and the county board of each county through which the pipeline 
will be constructed.  The notice shall include a description of 
the route on which the pipeline is proposed to be located, the 
size and type of pipeline to be constructed, the types of 
commodities to be carried and the construction and operational 
characteristics of the pipeline.  The proposed route shall be 
described in sufficient detail so that the owners or lessees of 
property on which the route is located can be identified.  
Notice to the environmental quality board shall be accompanied 
by a fee of $25,000 for preparation of an information book as 
provided in section 116I.03 and for expenses incurred by state 
agencies to participate in public meetings as provided in 
section 116I.04.  All fees received are appropriated to the 
environmental quality board for its own use and for distribution 
to state agencies for these purposes.  The environmental quality 
board shall refund any amount that exceeds the actual cost to 
the board of preparing the information book, including necessary 
revisions, and to state agencies for participating in the public 
meetings.  
    If the pipeline route described in the notice is changed to 
the extent that, in any county, 20 percent or more of the owners 
or lessees of property on which the new route is located were 
not owners or lessees of property on which the other route was 
located, the person proposing to construct and operate the 
pipeline shall notify the environmental quality board and the 
county board of that county of the change in the proposed 
route.  No additional fee shall be required for a notice of 
change of a proposed route.  
    Sec. 3.  Minnesota Statutes 1986, section 116I.02, 
subdivision 3, is amended to read: 
    Subd. 3.  No (a) If a pipeline routing permit is not 
required for construction of a pipeline under section 1, a 
person shall may not negotiate or acquire an easement or 
right-of-way agreement for the purpose of constructing and 
operating a pipeline until 30 days after:  
    (a) (1) a public meeting has been held as provided in 
section 116I.04 in the county in which the right-of-way in 
question is located; and 
    (b) (2) that person has provided to the owner or lessee 
from whom the easement or agreement is acquired a copy of the 
information book prepared pursuant to section 116I.03.  
    (b) If the original information book is revised pursuant to 
section 116I.03, each owner or lessee of property which the 
original route did not affect shall be provided with a copy of 
the revised book.  
    Sec. 4.  Minnesota Statutes 1986, section 117.48, is 
amended to read: 
    117.48 [CRUDE OIL PIPELINE COMPANIES, EMINENT DOMAIN.] 
    The business of transporting crude petroleum, oil, their 
related products and derivatives including liquefied 
hydrocarbons, or natural gas by pipeline as a common carrier, is 
declared to be in the public interest and necessary to the 
public welfare, and the taking of private property therefor is 
declared to be for a public use and purpose.  Any corporation or 
association qualified to do business in the state of Minnesota 
engaged in or preparing to engage in the business of 
transporting crude petroleum, oil, their related products and 
derivatives including liquefied hydrocarbons, or natural gas by 
pipeline as a common carrier, is authorized to acquire, for the 
purpose of such business, easements or rights of way, over, 
through, under or across any lands, not owned by the state or 
devoted to a public purpose for the construction, erection, 
laying, maintaining, operating, altering, repairing, renewing 
and removing in whole or in part, a pipeline for the 
transportation of crude petroleum, oil, their related products 
and derivatives including liquefied hydrocarbons, or natural 
gas.  To such end it shall have and enjoy the right of eminent 
domain to be exercised in accordance with this chapter, and acts 
amendatory thereof, all of which provisions shall govern insofar 
as they may be applicable hereto.  Nothing herein shall be 
construed as authorizing the taking of any property owned by the 
state, or any municipal subdivision thereof, or the acquisition 
of any rights in public waters except after permit, lease, 
license or authorization issued pursuant to law. 
    Sec. 5.  Minnesota Statutes 1986, section 117.49, is 
amended to read: 
    117.49 [APPROVAL OF PROCEEDINGS BY COMMISSIONER OF NATURAL 
RESOURCES.] 
    In the event that the right to exercise the power of 
eminent domain in accordance with this chapter, is granted by 
law to any person, corporation or association qualified to do 
business in the state of Minnesota engaged in or preparing to 
engage in the business of transporting crude petroleum, oil, 
their related products and derivatives including liquefied 
hydrocarbons, or natural gas by pipeline as a common carrier, 
the right shall not be exercised by such person, corporation, or 
association until the plans of the project for which the 
exercise of the power of eminent domain is proposed shall have 
first been submitted to and approved by the commissioner of 
natural resources.  The plans shall be submitted in sufficient 
detail so that the commissioner can make a determination as to 
the impact that the proposed project will have on the 
environment.  The commissioner of natural resources shall make a 
comprehensive review of such plans and make detailed comments on 
the effect that such project, if pursued, would have on the 
environment, including recommendations for changes or 
alterations, if any, that would be required before such project 
would be approved by the commissioner.  Failure of the 
commissioner to approve or disapprove the plans so submitted 
within 90 days after submission shall be deemed approval of the 
plans and the power of eminent domain may thereupon be exercised 
for such project.  This section does not apply to use of eminent 
domain in regard to a pipeline for which a routing permit is 
required by section 1.  
    Sec. 6.  Minnesota Statutes 1986, section 216B.16, is 
amended by adding a subdivision to read: 
    Subd. 11.  [PIPELINE SAFETY PROGRAMS.] All costs of a 
public utility that are necessary to comply with state pipeline 
safety programs under sections 7 to 13, sections 299F.56 to 
299F.64, or sections 22 to 38 must be recognized and included by 
the commission in the determination of just and reasonable rates 
as if the costs were directly incurred by the utility in 
furnishing utility service. 

                   ONE CALL EXCAVATION NOTICE SYSTEM 
    Sec. 7.  [216D.01] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 7 to 13. 
    Subd. 2.  [DAMAGE.] "Damage" means:  
    (1) the substantial weakening of structural or lateral 
support of an underground facility; 
    (2) penetration, impairment, or destruction of any 
underground protective coating, housing, or other protective 
device; or 
    (3) impact with or the partial or complete severance of an 
underground facility to the extent that the facility operator 
determines that repairs are required. 
    Subd. 3.  [EMERGENCY.] "Emergency" means a condition that 
poses a clear and immediate danger to life or health, or a 
significant loss of property. 
    Subd. 4.  [EMERGENCY RESPONDER.] "Emergency responder" 
means a fire department or company, a law enforcement official 
or office, an ambulance or other emergency rescue service, or 
the division of emergency services created by section 12.04, 
subdivision 1. 
    Subd. 5.  [EXCAVATION.] "Excavation" means an activity that 
moves, removes, or otherwise disturbs the soil at a depth of 18 
inches or greater 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; or 
    (5) plowing, cultivating, planting, harvesting, and similar 
operations in connection with growing crops, landscaping, or 
gardening, unless any of these activities disturbs the soil to a 
depth of 18 inches or more. 
    Subd. 6.  [EXCAVATOR.] "Excavator" means a person who 
conducts excavation in the state. 
    Subd. 7.  [LOCAL GOVERNMENTAL UNIT.] "Local governmental 
unit" means a county, town, or statutory or home rule charter 
city.  
    Subd. 8.  [NOTIFICATION CENTER.] "Notification center" 
means a center that receives notice from excavators of planned 
excavation and transmits this notice to participating operators. 
    Subd. 9.  [OPERATOR.] "Operator" means a person who owns or 
operates an underground facility.  A person is not considered an 
operator solely because the person is an owner or tenant of real 
property where underground facilities are located if the 
underground facilities are used exclusively to furnish services 
or commodities on that property. 
    Subd. 10.  [PERSON.] "Person" means the state, a public 
agency, an individual, corporation, partnership, association, or 
other business or public entity or a trustee, receiver, 
assignee, or personal representative of any of them. 
    Subd. 11.  [UNDERGROUND FACILITY.] "Underground facility" 
means an underground line, facility, system, and its 
appurtenances used to produce, store, convey, transmit, or 
distribute communications, data, electricity, power, heat, gas, 
oil, petroleum products, water including storm water, steam, 
sewage, and other similar substances. 
    Sec. 8.  [216D.02] [NOTICE TO EXCAVATORS AND UNDERGROUND 
FACILITY OPERATORS.] 
    Subdivision 1.  [DISPLAY AND DISTRIBUTION.] Local 
governmental units that issue permits for an activity involving 
excavation must continuously display an excavator's and 
operator's notice at the location where permits are applied for 
and obtained.  An excavator and operator's notice and a copy of 
sections 9 to 13 must be furnished to each person obtaining a 
permit for excavation. 
    Subd. 2.  [FORM.] The notification center shall prescribe 
an excavator and operator's notice.  The notice must inform 
excavators and operators of their obligations to comply with 
sections 9 to 13.  The center shall furnish to local 
governmental units:  
    (1) a copy of the notice and sections 9 to 13 in a form 
suitable for photocopying; 
    (2) a copy of the display and distribution requirements 
under subdivision 1; and 
    (3) the telephone number and mailing address of the 
notification center.  
    Sec. 9.  [216D.03] [NOTIFICATION CENTER.] 
    Subdivision 1.  [PARTICIPATION.] An operator shall 
participate in and share in the costs of one statewide 
notification center operated by a vendor selected under 
subdivision 2. 
    Subd. 2.  [ESTABLISHMENT OF NOTIFICATION CENTER.] (a) The 
notification center services must be provided by a nonprofit 
corporation approved in writing by the commissioner.  A group or 
nonprofit corporation that intends to seek approval under this 
paragraph shall notify the commissioner by September 1, 1987, of 
the date, time, and location of its first meeting.  The 
commissioner shall provide advance notice of the first 
organizational meeting by publication in qualified legal 
newspapers and in appropriate trade journals, and by written 
notice to all appropriate trade associations.  
    The nonprofit corporation must be governed by a board of 
directors of up to 20 members, one of whom is the director of 
the office of pipeline safety.  The other board members must 
represent and be elected by operators, excavators, and other 
persons eligible to participate in the center.  By November 1, 
1987, the board shall, with input from all interested parties, 
determine the operating procedures and technology needed for a 
single statewide notification center and establish a 
notification process and competitive bidding procedure to select 
a vendor to provide the notification service.  In deciding to 
approve a nonprofit corporation, the commissioner shall consider 
whether it meets the requirements of this paragraph and whether 
it demonstrates that it has the ability to contract for and 
implement the notification center service. 
    (b) If the commissioner has not approved a nonprofit 
corporation under paragraph (a) by January 1, 1988, the 
commissioner shall follow the procedure in this paragraph.  The 
commissioner shall prepare a preliminary draft of operating 
procedures and technology needed for a statewide notification 
center and the method for assessing the cost of the service 
among operators.  After holding at least one public hearing on 
the preliminary draft following notice given in the manner 
required by paragraph (a), the commissioner shall adopt final 
operating procedures, technology, and assessment methods.  The 
preliminary draft, public hearings, and final adoption are not 
subject to chapter 14.  By June 1, 1988, the commissioner shall 
select a vendor to provide the notification center service.  The 
commissioner shall advertise for bids as provided in section 
16B.07, subdivision 3, and base the selection of a vendor on an 
identification of the lowest responsible bidder as provided in 
section 16B.09, subdivision 1.  The commissioner shall select 
and contract with the vendor to provide the notification center 
service, but all costs of the center must be paid by the 
operators.  The commissioner may at any time appoint a task 
force to advise on the renewal of the contract or any other 
matter involving the center's operations. 
    (c) The notification center must be in operation by October 
1, 1988.  An operator may submit a bid and be selected to 
contract to provide the notification center service under 
paragraph (a) or (b).  The commissioner shall annually review 
the services provided by the nonprofit corporation approved 
under paragraph (a) or the vendor selected under paragraph (b). 
    Subd. 3.  [COOPERATION WITH LOCAL GOVERNMENT.] In 
establishing operating procedures and technology for the 
statewide notification center, the board of directors or the 
commissioner must work in cooperation with the league of 
Minnesota cities, the association of Minnesota counties, and the 
township officers' association.  The purpose of this cooperation 
is to maximize the participation of local governmental units 
that issue permits for activities involving excavation to assure 
that excavators receive notice of and comply with the 
requirements of sections 7 to 13. 
    Subd. 4.  [NOTICE TO LOCAL GOVERNMENTAL UNITS.] The 
notification center shall provide local governmental units with 
a master list, by county, of the operators in the county who are 
participants in the notification center, and the telephone 
number and mailing address of the notification center. 
    Sec. 10.  [216D.04] [EXCAVATION.] 
    Subdivision 1.  [NOTICE OF EXCAVATION REQUIRED; 
CONTENTS.] (a) Except in an emergency, an excavator shall 
contact the notification center and provide an excavation notice 
at least 48 hours before beginning any excavation, excluding 
Saturdays, Sundays, and holidays.  An excavation begins, for 
purposes of this requirement, the first time excavation occurs 
in an area that was not previously identified by the excavator 
in an excavation notice.  
    (b) The excavation notice may be oral or written, and must 
contain the following information: 
    (1) the name of the individual providing the excavation 
notice; 
    (2) the precise location of the proposed area of excavation;
    (3) the name, address, and telephone number of the 
excavator or excavator's company; 
    (4) the excavator's field telephone number, if one is 
available; 
    (5) the type and the extent of the proposed excavation work;
    (6) whether or not the discharge of explosives is 
anticipated; and 
    (7) the date and time when excavation is to commence. 
    Subd. 2.  [DUTIES OF NOTIFICATION CENTER.] The notification 
center shall assign an inquiry identification number to each 
excavation notice and retain a record of all excavation notices 
received for at least six years.  The center shall immediately 
transmit the information contained in an excavation notice to 
every operator that has an underground facility in the area of 
the proposed excavation.  
    Subd. 3.  [LOCATING UNDERGROUND FACILITIES.] (a) An 
operator shall, within 48 hours after receiving an excavation 
notice from the center, excluding Saturdays, Sundays, and 
holidays, unless otherwise agreed to between the excavator and 
operator, locate and mark or otherwise provide the approximate 
horizontal location of the underground facilities of the 
operator, without cost to the excavator.  The excavator 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 area before the excavation commencement time stated 
in the excavation notice, the operator shall promptly contact 
the excavator.  If the excavator postpones the excavation 
commencement time stated in the excavation notice by more than 
48 hours, or cancels the excavation, the excavator shall notify 
the notification center. 
    Sec. 11.  [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; 
    (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. 12.  [216D.06] [DAMAGE TO FACILITIES.] 
    Subdivision 1.  [NOTICE; REPAIRS.] (a) If any damage occurs 
to an underground facility or its protective covering, the 
excavator shall notify the operator as soon as reasonably 
possible.  When the operator receives a damage notice, the 
operator shall promptly dispatch personnel to the damage area to 
investigate.  If the damage endangers life, health, or property, 
the excavator responsible for the work shall take immediate 
action to protect the public and property and to minimize the 
hazard until arrival of the operator's personnel or until 
emergency responders have arrived and taken charge of the 
damaged area. 
    (b) An excavator shall delay backfilling in the immediate 
area of the damaged underground facilities until the damage has 
been investigated by the operator, unless the operator 
authorizes otherwise.  The repair of damage must be performed by 
the operator or by qualified personnel authorized by the 
operator. 
    (c) An excavator who knowingly damages an underground 
facility, and who does not notify the operator as soon as 
reasonably possible or who backfills in violation of paragraph 
(b), is guilty of a misdemeanor. 
    Subd. 2.  [COST REIMBURSEMENT.] (a) If an excavator damages 
an underground facility, the excavator shall reimburse the 
operator for the cost of necessary repairs, and for a pipeline 
the cost of the product that was being carried in the pipeline 
and was lost as a direct result of the damage.  
    (b) Reimbursement is not required if the damage to the 
underground facility was caused by the sole negligence of the 
operator or the operator failed to comply with section 10, 
subdivision 3. 
    Subd. 3.  [PRIMA FACIE EVIDENCE OF NEGLIGENCE.] It is prima 
facie evidence of the excavator's negligence in a civil court 
action if damage to the underground facilities of an operator 
resulted from excavation, and the excavator failed to give an 
excavation notice under section 10 or provide support as 
required by section 11. 
    Sec. 13.  [216D.07] [EFFECT ON LOCAL ORDINANCES.] 
    (a) Sections 7 to 13 do not affect or impair local 
ordinances, charters, or other provisions of law requiring 
permits to be obtained before excavating. 
    (b) A person with a permit for excavation from the state or 
a public agency is subject to sections 7 to 13.  The state or 
public agency that issued a permit for excavation is not liable 
for the actions of an excavator who fails to comply with 
sections 7 to 13. 

                     INTRASTATE GAS PIPELINE SAFETY 
    Sec. 14.  Minnesota Statutes 1986, section 299F.56, is 
amended by adding a subdivision to read: 
    Subd. 7.  "Commissioner" means the commissioner of public 
safety, acting through the director of pipeline safety. 
    Sec. 15.  Minnesota Statutes 1986, section 299F.57, is 
amended to read:  
    299F.57 [MINIMUM SAFETY STANDARDS.] 
    Subdivision 1.  The state fire marshal commissioner shall, 
by order, establish minimum safety standards for the 
transportation of gas and pipeline facilities.  Such standards 
may apply to the design, installation, inspection, testing, 
construction, extension, operation, replacement and maintenance 
of pipeline facilities.  Standards affecting the design, 
installation, construction, initial inspection and initial 
testing shall not be applicable to pipeline facilities in 
existence on the date such standards are adopted.  Such safety 
standards shall be practicable and designed to meet the need for 
pipeline safety.  In prescribing such standards, the state fire 
marshal commissioner shall consider: 
    (a) relevant available pipeline safety data; 
    (b) whether such standards are appropriate for the 
particular type of pipeline transportation; 
    (c) the reasonableness of any proposed standards; 
    (d) the extent to which any such standards will contribute 
to public safety; and 
    (e) the existing standards established by the Secretary of 
Transportation of the United States pursuant to the Natural Gas 
Pipeline Safety Act of 1968 of the United States.  
    Provided, however, that the state fire marshal commissioner 
shall not be empowered to adopt any such standards as to the 
transportation of gas or to pipeline facilities which are 
subject to the jurisdiction of the Federal Power Commission 
under the Natural Gas Act of the United States, except as 
provided in sections 22 to 38. 
    Subd. 2.  Any standards prescribed under this section, and 
amendments thereto, shall become effective 30 days after the 
date of issuance of such standards unless the state fire marshal 
commissioner, for good cause recited, determines an earlier or 
later effective date is required as the result of the period 
reasonably necessary for compliance.  
    Subd. 3.  The rulemaking, contested case and judicial 
review provisions of chapter 14, shall apply to all orders 
establishing, amending, revoking, or waiving compliance with, 
any standard established under sections 299F.56 to 299F.64 or 
any penalty imposed under sections 299F.56 to 299F.64.  
The state fire marshal commissioner shall afford interested 
persons an opportunity to participate fully in the establishment 
of such safety standards through submission of written data, 
views or arguments, with opportunity to present oral testimony 
and argument.  
    Subd. 4.  The state fire marshal commissioner, on finding a 
particular facility to be hazardous to life or property, shall 
be empowered to require the person operating such facility to 
take such steps necessary to remove such hazards.  
    Subd. 5.  Upon application by any person engaged in the 
transportation of gas or the operation of pipeline facilities, 
the state fire marshal commissioner may, after notice and 
opportunity for hearing and under such terms and conditions and 
to such extent as the state fire marshal commissioner deems 
appropriate, waive in whole or in part compliance with any 
standards established under sections 299F.56 to 299F.64, on 
determining that a waiver of compliance with such standard is 
not inconsistent with gas pipeline safety.  The state fire 
marshal commissioner shall state the reasons for any such waiver.
    Sec. 16.  Minnesota Statutes 1986, section 299F.58, is 
amended to read:  
    299F.58 [CERTIFICATIONS AND REPORTS.] 
    The state fire marshal commissioner is authorized to make 
such certifications and reports to the United States Secretary 
of Transportation as may be required from time to time under the 
Natural Gas Pipeline Safety Act of 1968 of the United States.  
    Sec. 17.  Minnesota Statutes 1986, section 299F.60, is 
amended to read:  
    299F.60 [CIVIL PENALTIES.] 
    Subdivision 1.  Any person who violates any provision of 
sections 299F.56 to 299F.64, or any rule issued thereunder, 
shall be subject to a civil penalty to be imposed by the state 
fire marshal commissioner not to exceed $1,000 $10,000 for each 
such violation for each day that such violation persists, except 
that the maximum civil penalty shall not exceed $200,000 for any 
related series of violations.  
    Subd. 2.  The state fire marshal commissioner may negotiate 
a compromise settlement of a civil penalty.  In determining the 
amount of such penalty, or the amount of the compromise 
settlement, the state fire marshal commissioner shall consider 
the appropriateness of such penalty to the size of the business 
of the person charged, the gravity of the violation, and the 
good faith of the person charged in attempting to achieve 
compliance, after notification of a violation.  The contested 
case and judicial review provisions of chapter 14 shall apply to 
all orders of the state fire marshal commissioner imposing any 
penalty under sections 299F.56 to 299F.64 or under any rule 
promulgated thereunder.  The amount of such penalty, when 
finally determined, may be deducted from any sums owing by the 
state of Minnesota to the person charged.  
    Subd. 3.  No person shall be subjected to civil penalties 
under both sections 299F.56 to 299F.64 and under Public Law 
Number 90-481, Statutes at Large, volume 82, page 720, 90th 
Congress, S. 1166, approved August 12, 1968, for conduct which 
may give rise to a violation of both acts.  
    Subd. 4.  All penalties collected under sections 299F.56 to 
299F.64 shall be paid over to the state treasurer for deposit in 
the state treasury to the credit of the general fund pipeline 
safety account.  
    Sec. 18.  Minnesota Statutes 1986, section 299F.61, is 
amended to read:  
    299F.61 [INJUNCTIVE RELIEF.] 
    Subdivision 1.  The district courts of the state of 
Minnesota shall have jurisdiction, subject to the provisions of 
the statutes and the rules of practice and procedure of the 
state of Minnesota relative to civil actions in the district 
courts, to restrain violations of sections 299F.56 to 299F.64, 
including the restraint of transportation of gas or the 
operation of a pipeline facility, or to enforce standards 
established hereunder upon petition by the attorney general on 
behalf of the state of Minnesota.  Whenever practicable, 
the state fire marshal commissioner shall give notice to any 
person against whom an action for injunctive relief is 
contemplated and afford the person an opportunity to present 
views, and, except in the case of a knowing and willful 
violation, shall afford the person reasonable opportunity to 
achieve compliance.  However, the failure to give such notice 
and afford such opportunity shall not preclude the granting of 
appropriate relief.  
    Subd. 2.  Actions under sections 299F.56 to 299F.64 shall 
be brought in the district in the state of Minnesota wherein the 
defendant's principal place of business is located, and process 
in such cases may be served in any other district in the state 
of Minnesota where the defendant may be found or of which the 
defendant is an inhabitant or transacts business.  
    Sec. 19.  Minnesota Statutes 1986, section 299F.62, is 
amended to read:  
    299F.62 [PLAN FOR INSPECTION AND MAINTENANCE.] 
    Each person who engages in the transportation of gas or who 
owns or operates pipeline facilities subject to sections 299F.56 
to 299F.64 shall file with the state fire marshal commissioner a 
plan for inspection and maintenance of each such pipeline 
facility owned or operated by such person, and any changes in 
such plan, in accordance with the rules prescribed by the state 
fire marshal commissioner.  On finding that such plan is 
inadequate to achieve safe operation, the state fire marshal 
commissioner shall, after notice and opportunity for a hearing, 
require such plan to be revised.  The plan required by the state 
fire marshal commissioner shall be practicable and designed to 
meet the need for pipeline safety.  In determining the adequacy 
of any such plan, the state fire marshal commissioner shall 
consider the following: 
    (a) relevant available pipeline safety data; 
    (b) whether the plan is appropriate for the particular type 
of pipeline transportation; 
    (c) the reasonableness of the plan; and 
    (d) the extent to which such plan will contribute to public 
safety.  
    Sec. 20.  Minnesota Statutes 1986, section 299F.63, is 
amended to read: 
    299F.63 [RECORDS AND REPORTS; INSPECTIONS; TRADE SECRETS.] 
    Subdivision 1.  Each person who engages in the 
transportation of gas or who owns or operates pipeline 
facilities shall establish and maintain such records, make such 
reports, and provide such information as the state fire marshal 
commissioner may reasonably require to determine whether such 
person has acted or is acting in compliance with sections 
299F.56 to 299F.64 and the standards established under sections 
299F.56 to 299F.64.  Each such person shall, upon request of an 
officer, employee, or agent authorized by the state fire marshal 
commissioner, permit such officer, employee, or agent to inspect 
books, papers, records and documents relevant to determining 
whether such person has acted or is acting in compliance with 
sections 299F.56 to 299F.64 and the standards established 
pursuant to sections 299F.56 to 299F.64.  For purposes of 
enforcement of sections 299F.56 to 299F.64, officers, employees, 
or agents authorized by the state fire marshal commissioner, 
upon presenting appropriate credentials to the individual in 
charge, are authorized to enter upon, at reasonable times, 
pipeline facilities, and to inspect, at reasonable times and 
within reasonable limits and in a reasonable manner, such 
facilities.  Each such inspection shall be commenced and 
completed with reasonable promptness.  
    Subd. 2.  In the course of the exercise of duties and 
responsibilities under sections 299F.56 to 299F.64, the state 
fire marshal commissioner shall wherever practicable employ a 
practice of spot checking and issuance of certificates of 
compliance, with respect to persons subject to sections 299F.56 
to 299F.64, to limit costs of enforcement of the safety 
standards established pursuant to sections 299F.56 to 299F.64.  
    Subd. 3.  All information reported to or otherwise obtained 
by the state fire marshal commissioner or a representative, 
which contains or relates to a trade secret, as referred to in 
section 1905 of title 18 of the United States Code, or otherwise 
constitutes a trade secret under law, shall be considered 
confidential for the purpose of such laws, except that such 
information and is private or nonpublic data as defined in 
section 13.02.  This data may be disclosed to other officers or 
employees concerned with carrying out sections 299F.56 to 
299F.64 or when relevant in any proceeding under sections 
299F.56 to 299F.64.  
    Subd. 4.  [COST OF INSPECTION AND REVIEW.] The state fire 
marshal commissioner shall establish, by rule under section 
16A.128, a fee to recover the state share of all costs related 
to field inspections, investigations of pipeline facilities, 
plan review, and other duties as provided by sections 299F.56 to 
299F.63. Fees collected under this subdivision shall be credited 
to the general fund pipeline safety account.  
    Sec. 21.  Minnesota Statutes 1986, section 299F.64, is 
amended to read:  
    299F.64 [FEDERAL MONEYS.] 
    The state fire marshal commissioner may accept any and all 
moneys provided for or made available to this state by the 
United States of America or any department or agency thereof 
with respect to prescribing, setting, and enforcing rules and 
safety standards for the transportation of natural and other gas 
by pipelines in accordance with the provisions of federal law 
and any rules or regulations promulgated thereunder and 
the state fire marshal commissioner is further authorized to do 
any and all things, not contrary to the laws of this state, 
required of this state by such federal law and the rules and 
regulations promulgated thereunder in order to obtain such 
federal moneys. 

                       OFFICE OF PIPELINE SAFETY 
    Sec. 22.  [299J.01] [AUTHORITY OF OFFICE OF PIPELINE 
SAFETY.] 
   The commissioner of public safety shall, to the extent 
authorized by agreement with the United States Secretary of 
Transportation, act as agent for the United States Secretary of 
Transportation to implement the federal Hazardous Liquid 
Pipeline Safety Act, United States Code, title 49, sections 2001 
to 2014, the federal Natural Gas Pipeline Safety Act, United 
States Code, title 49, sections 1671 to 1686, and federal 
pipeline safety regulations with respect to interstate pipelines 
located within this state, as necessary to obtain annual federal 
certification.  The commissioner shall, to the extent authorized 
by federal law, regulate pipelines in the state as authorized by 
sections 22 to 38, and sections 299F.56 to 299F.64.  
    Sec. 23.  [299J.02] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 22 to 38. 
    Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
commissioner of public safety. 
    Subd. 3.  [DIRECTOR.] "Director" means the director of the 
office of pipeline safety.  
    Subd. 4.  [EMERGENCY.] "Emergency" means a condition that 
poses a clear and immediate danger to life or health or that 
threatens a significant loss of property. 
    Subd. 5.  [EMERGENCY RELEASE.] "Emergency release" means a 
release that poses a clear and immediate danger to life or 
health or that threatens a significant loss of property. 
    Subd. 6.  [EMERGENCY RESPONDER.] "Emergency responder" 
means a fire department or company, a law enforcement official 
or office, an ambulance or other emergency rescue service, or 
the division of emergency services created by section 12.04, 
subdivision 1.  
    Subd. 7.  [GAS.] "Gas" has the meaning given it in Code of 
Federal Regulations, title 49, section 192.3. 
    Subd. 8.  [HAZARDOUS LIQUID.] "Hazardous liquid" means 
"hazardous liquid" and "highly volatile liquid" as defined in 
Code of Federal Regulations, title 49, section 195.2. 
    Subd. 9.  [LOCAL GOVERNMENTAL UNIT.] "Local governmental 
unit" means a county, town, or statutory or home rule charter 
city.  
    Subd. 10.  [PERSON.] "Person" means an individual, 
corporation, partnership, association, or other business entity 
or a trustee, receiver, assignee, or personal representative of 
any of them. 
    Subd. 11.  [PIPELINE.] "Pipeline" means:  
    (1) pipe with a nominal diameter of six inches or more, 
located in the state, that is used to transport hazardous 
liquids, but does not include pipe used to transport a hazardous 
liquid by gravity, and pipe used to transport or store a 
hazardous liquid within a refining, storage, or manufacturing 
facility; or 
    (2) pipe operated at a pressure of more than 275 pounds per 
square inch that carries gas. 
     Subd. 12.  [PIPELINE OPERATOR.] "Pipeline operator" means a 
person who owns or operates a pipeline. 
    Subd. 13.  [RELEASE.] "Release" means a spilling, leaking, 
pumping, pouring, emitting, emptying, discharging, injecting, 
leaching, dumping, disposing, flowing, or any other uncontrolled 
escape of a hazardous liquid or gas from a pipeline. 
    Sec. 24.  [299J.03] [OFFICE OF PIPELINE SAFETY.] 
    Subdivision 1.  [ESTABLISHMENT.] The office of pipeline 
safety is under the control of a director appointed by the 
commissioner and serving at the commissioner's pleasure in the 
unclassified service.  The commissioner shall employ in the 
office of pipeline safety inspectors and other professional and 
clerical staff who serve in the classified service. 
    Subd. 2.  [QUALIFICATIONS.] (a) The director of the office 
must be knowledgeable in the operation and safety aspects of 
pipelines.  
    (b) Inspectors must have scientific or technical training 
or experience that demonstrates in-depth knowledge of pipeline 
engineering technology and pipeline safety. 
    (c) Inspectors shall complete courses at the transportation 
safety institute and be certified by the institute as soon as 
possible following appointment. 
    Sec. 25.  [299J.04] [DUTIES OF THE OFFICE OF PIPELINE 
SAFETY.] 
    Subdivision 1.  [GENERAL DUTIES.] The commissioner shall: 
    (1) promote the use of the 911 emergency telephone system 
as an appropriate method for the public to notify emergency 
responders of an emergency release;  
    (2) provide training on a regular basis to all potentially 
affected local governmental units in pipeline incident 
contingency planning and emergency response by itself or in 
cooperation with pipeline operators, other state offices, or 
local governmental units; 
    (3) require local governmental units to work with pipeline 
owners to provide a program of continuing public education on 
the subject of pipeline operation and safety;  
    (4) monitor and gather information on the development of 
reliable pipeline technologies capable of detecting and 
geographically locating pipeline releases, use the information 
gathered in the development of rules as provided in this 
section, and report to the legislature every two years in the 
manner provided by section 3.195 on the activities of the office 
under this clause;  
    (5) maintain a data base of all pipeline releases, which 
must be based on annual reports from all pipeline operators;  
    (6) inspect, as necessary, any record, map, or written 
procedure required by sections 22 to 38 to be kept by a pipeline 
operator concerning the reporting of releases, and the design, 
construction, testing, or operation and maintenance of 
pipelines; and 
    (7) adopt rules to implement sections 22 to 38.  
    The rules adopted under clause (7) must treat separately 
and distinguish between hazardous liquid and gas pipelines.  
    Subd. 2.  [DELEGATED DUTIES.] The commissioner shall seek 
and accept federal designation of the office's pipeline 
inspectors as federal agents for the purposes of enforcement of 
the federal Hazardous Liquid Pipeline Safety Act, United States 
Code, title 49, sections 2001 to 2014, the federal Natural Gas 
Pipeline Safety Act, United States Code, title 49, sections 1671 
to 1686, and federal rules adopted to implement those acts.  If 
the United States secretary of transportation delegates 
inspection authority to the state as provided in this 
subdivision, the commissioner shall do the following to carry 
out the delegated federal authority:  
    (1) inspect pipelines periodically at times determined by 
rules of the commissioner; 
    (2) collect inspection fees; and 
    (3) order and oversee the testing of pipelines as provided 
in rules adopted under this section.  
    Subd. 3.  [RULEMAKING CONTINGENT ON FEDERAL AUTHORITY.] (a) 
The commissioner shall consider adoption of rules on subjects in 
this subdivision if federal law authorizes the state 
regulation.  The rules must treat separately and distinguish 
between hazardous liquid and gas pipelines.  
    (b) The commissioner shall consider higher safety margin 
requirements for operating pressures on pipelines located in 
populated or environmentally sensitive areas. 
    (c) The commissioner shall consider having pipeline 
operators periodically submit comprehensive reports to the 
office on the condition of their pipelines, and requiring 
appropriate pipeline testing based on concerns identified in 
these reports.  The testing requirements must apply more 
strictly to pipelines in populated or environmentally sensitive 
areas. 
    (d) The commissioner shall consider methods for pipeline 
operators to improve their ability to rapidly locate and isolate 
releases.  The methods must include:  
    (1) remote control shutoff valves on all new pipelines, 
with the distance between the valves dependent on the type and 
density of development, the presence of environmentally 
sensitive areas, and the application of appropriate engineering 
standards;  
    (2) remotely monitored pressure gauges and flow meters 
installed at each pump station and remote valve location; 
    (3) specific emergency response procedures and training 
requirements for shutting down pumps; and 
    (4) use of reliable technology for detecting and 
geographically locating releases, and for shutting appropriate 
valves as rapidly as possible. 
    (e) The commissioner shall consider standards for the 
manufacture of pipe used in pipelines, pipeline construction, 
and pipeline operation.  Best available technology in pipe 
manufacture, pipeline construction, and pipeline reconstruction 
must be required and developed in consultation with the 
commissioner of labor and industry.  
    Subd. 4.  [RELATION TO OTHER LAW.] Rules adopted to 
implement sections 22 to 38 must be consistent with sections 
299F.56 to 299F.64 to the extent that the rules deal with 
pipelines governed by those sections. 
    Sec. 26.  [299J.05] [PIPELINE SETBACK ORDINANCE.] 
    (a) The commissioner shall adopt a model ordinance under 
chapter 14 requiring a setback from pipelines in areas where 
residential or other development is allowed.  The model 
ordinance must apply only to new development and not to 
development that has occurred, or for which development permits 
have been issued, before the effective date of the ordinance. 
    (b) By August 1, 1989, each statutory or home rule charter 
city, town, or county that has planning and zoning authority 
under sections 366.10 to 366.19, 394.21 to 394.37, or 462.351 to 
462.365, and in which a pipeline is located, shall adopt a 
pipeline setback ordinance that meets or exceeds the minimum 
standards of the model ordinance and is approved by the 
commissioner.  The model ordinance applies in a jurisdiction 
where the local governmental unit does not adopt a setback 
ordinance that is approved by the commissioner by August 1, 1989.
    Sec. 27.  [299J.06] [PIPELINE SAFETY ADVISORY COUNCIL.] 
    Subdivision 1.  [MEMBERSHIP.] The pipeline safety advisory 
council consists of nine members appointed by the commissioner.  
One member must be chosen from the hazardous liquid pipeline 
industry, one from the gas pipeline industry, and one from 
personnel who design or construct pipelines.  Three members must 
be state or local government employees and three members must be 
state residents unaffiliated with state or local government or 
the pipeline or utility industries.  The members serve on a 
part-time basis. 
    Subd. 2.  [POWERS AND DUTIES.] The council shall advise the 
commissioner, director and other appropriate federal, state, and 
local government agencies and officials on matters relating to 
pipeline safety and operation.  The council shall advise the 
environmental quality board on implementation of sections 1 to 
3, and the director and commissioner on the implementation of 
sections 7 to 13, 299F.56 to 299F.64, and 22 to 38, and shall 
review and comment on proposed rules and on the operation of the 
office of pipeline safety.  
    Subd. 3.  [ADMINISTRATIVE ASSISTANCE.] The commissioner 
shall provide offices and administrative assistance necessary 
for the performance of the council's duties.  
    Subd. 4.  [TERMS; COMPENSATION; REMOVAL.] The terms, 
compensation, and removal of members are governed by section 
15.0575. 
    Sec. 28.  [299J.07] [PENALTIES FOR FAILING TO REPORT 
EMERGENCY RELEASE.] 
    Subdivision 1.  [DUTY TO REPORT.] A pipeline operator shall 
immediately report by telephone to the emergency response center 
established by the commissioner of public safety an emergency 
release from the operator's pipeline. 
    Subd. 2.  [CRIMINAL LIABILITY.] (a) An employee of a 
pipeline operator who has responsibility to make the report 
under subdivision 1 is guilty of a felony if: 
    (1) the employee knows or has reason to know that an 
emergency release exists; 
    (2) the employee does not immediately report the release to 
the commissioner of public safety; and 
    (3) the emergency release causes the death of an individual 
or great bodily harm as defined in section 609.02, subdivision 8.
    (b) A person convicted under this subdivision may be 
sentenced to imprisonment for not more than seven years or 
payment of a fine of not more than $14,000, or both. 
    Sec. 29.  [299J.08] [COMMISSIONER TO REPORT RELEASE; ADVICE 
AND COORDINATION.] 
    Upon receiving notice of an emergency release, the 
commissioner or a designee shall immediately report the 
emergency release to the emergency responder of the appropriate 
local government unit, to the pollution control agency if the 
notice of the release is required by section 115.061, and to any 
other person or office, as provided by the rules or procedures 
of the office of pipeline safety.  A pipeline operator's report 
of an emergency release to the commissioner satisfies the 
notification requirements of section 115.061.  The commissioner 
shall advise the emergency responder concerning appropriate 
emergency procedures and coordinate the procedures. 
    Sec. 30.  [299J.09] [PIPELINE OPERATORS TO FILE INFORMATION 
AND GIVE NOTICE.] 
    Subdivision 1.  [MAP REQUIRED.] (a) The operator of every 
pipeline in operation shall file a detailed pipeline map in the 
scale required by the rules: 
    (1) with the director and the commissioner of 
transportation, showing the location and approximate depth of 
the pipelines and appurtenances operated by that operator within 
the state; and 
    (2) with the recorder and with the director of emergency 
services or the sheriff of every county traversed by the 
pipeline, showing the location and approximate depth of the 
pipelines and appurtenances operated by that operator within the 
county.  
    (b) The maps required under paragraph (a) must be filed by 
the operator of a newly constructed pipeline before it is 
operational, and by the operator of a pipeline for which the 
route has been changed after the original filing of a map under 
this section.  The maps required by this paragraph must be filed 
at least 30 days before a hazardous liquid or gas is first 
pumped into the pipeline. 
    Subd. 2.  [EMERGENCY RESPONSE PLAN.] (a) At least 30 days 
before a hazardous liquid or gas is pumped into a pipeline, the 
pipeline operator shall file an emergency response plan with the 
director and with the director of emergency services or the 
sheriff of every county traversed by the pipeline.  The 
emergency response plan must describe the operator's procedures 
for responding to and containing releases, including:  
     (1) an identification of specific actions that will be 
taken by the operator on discovery of a release; 
    (2) the operator's liaison procedure with emergency 
responders; 
    (3) the operator's means of communication with the 
responders; and 
    (4) the operator's means of preventing ignition of vapors 
resulting from a release. 
    (b) An operator must file significant changes made to an 
emergency response plan in the same manner as the original 
response plan within ten days of the effective date of the 
change.  
    Subd. 3.  [PROCEDURAL MANUAL.] At least 30 days before a 
hazardous liquid or gas is pumped into a pipeline, the pipeline 
operator must file with the director its procedural manual as 
required under Code of Federal Regulations, title 49, part 192, 
subparts L and M, and part 195, subpart F, as may be required by 
rules of the commissioner. 
    Subd. 4.  [NOTICE OF TESTING AND TEST RESULTS.] (a) At 
least 48 hours before conducting a hydrostatic test, whether or 
not the test is required by sections 22 to 38 or the rules of 
the commissioner, a pipeline operator shall give notice of the 
test to the director and the local governmental units traversed 
by the portion of pipeline to be tested.  Advance notice is not 
required if the operator determines that an emergency exists 
requiring immediate testing of the pipeline.  The notice must 
include: 
    (1) the name, address, and telephone numbers of the 
pipeline operator;  
    (2) the specific location of the pipeline or pipeline 
section to be tested, including a suitable map of the route of 
the pipeline, and the location of the test equipment; 
    (3) the date and time the test is to be conducted; 
    (4) the method by which the test will be accomplished and 
the type of test medium to be used; and 
    (5) the name and telephone number of any independent 
testing firm or other person responsible for certification of 
results. 
    (b) Authorized representatives of the director and any 
affected local governmental unit may observe the test. 
    (c) The results of a hydrostatic test conducted by the 
operator or by an independent testing company must be sent to 
the director and to every local governmental unit traversed by 
the tested portion of the pipeline within ten days of completion 
of the test.  The test results must include: 
    (1) the date of the test; 
    (2) the specific location of the pipeline or pipeline 
section tested, including a suitable map of the route of the 
pipeline; 
    (3) the results of the test; and 
    (4) other information required by rule.  
    Subd. 5.  [NOTICE OF PRODUCT.] (a) Within ten days after 
the effective date of this section or within ten days of 
beginning operation of the pipeline, whichever is later, a 
pipeline operator shall file information with the director and 
the sheriff of every county traversed by a pipeline of the types 
of products that will be carried in the pipeline.  The operator 
shall include in its filing to sheriffs a material safety data 
sheet for each product that the operator expects to carry in the 
pipeline.  The sheriff shall transmit copies of the material 
safety data sheets to the appropriate emergency responders. 
    (b) After filing the information required by paragraph (a), 
the pipeline operator shall file information in the same manner 
of any additional types of substances that will be carried in 
the pipeline at least three days before the change. 
    Sec. 31.  [299J.10] [LOCAL GOVERNMENT EMERGENCY RESPONSE 
PLAN.] 
    (a) A local governmental unit having a pipeline within its 
jurisdiction shall prepare a pipeline release emergency response 
plan.  The local governmental unit must consult with the 
pipeline owner or operator when preparing the plan.  Preparation 
of the plan must be coordinated by the county traversed by the 
pipeline for the other local governmental units within that 
county.  The commissioner shall prescribe rules for the content 
of the plan.  The plan must be completed and adopted by local 
governmental units within six months after the effective date of 
the rules prescribing the contents of the plan. 
    (b) A local governmental unit shall review its plan 
annually and amend it to reflect changes in the operation of the 
local governmental unit, in the operation of the pipeline, or 
other matters relating to pipeline safety.  The director may at 
any reasonable time examine a response plan required by this 
section. 
    Sec. 32.  [299J.11] [ADOPTION OF FEDERAL PIPELINE 
INSPECTION RULES.] 
    To enable the state to qualify for annual federal 
certification to enforce the federal pipeline inspection program 
authorized by the Hazardous Liquid Pipeline Safety Act, United 
States Code, title 49, sections 2001 to 2014, the federal 
Natural Gas Pipeline Safety Act, United States Code, title 49, 
sections 1671 to 1686, and the rules implementing those acts, 
the federal pipeline inspection rules and safety standards are 
adopted. 
    Sec. 33.  [299J.12] [PIPELINE INSPECTION FEE.] 
    Subdivision 1.  [ASSESSMENT AND DEPOSIT OF FEE.] For each 
year following the delegation to the state of the inspection 
authority described in section 25, the commissioner shall assess 
and collect from every pipeline operator an inspection fee in an 
amount calculated under subdivision 2.  If an operator does not 
pay the fee within 60 days after the assessment was mailed, the 
commissioner may impose a delinquency fee of ten percent of the 
annual inspection fee and interest at the rate of 15 percent per 
year on the portion of the annual fee not paid.  Fees collected 
by the commissioner under this section must be deposited in the 
pipeline safety account. 
    Subd. 2.  [CALCULATION OF FEE.] Fees for pipelines governed 
by section 299F.63, subdivision 4 must be established as 
provided in the rules adopted under that section.  For other 
pipelines, for each calendar year that an inspection fee is to 
be assessed, the commissioner shall calculate the total number 
of miles of pipeline to be inspected, the total cost of 
inspection, and the percentage of the total miles to be 
inspected that are or will be operated by each pipeline 
operator.  Each pipeline operator must be assessed a portion of 
the total inspection costs equal to the percentage of the total 
miles of pipeline to be operated by the pipeline operator, but 
the total fee may not exceed $5 for each mile of the operator's 
pipeline. 
    Sec. 34.  [299J.13] [ACCESS TO INFORMATION; CLASSIFICATION 
OF DATA.] 
    Subdivision 1.  [DUTY TO PROVIDE INFORMATION.] A person who 
the director has reason to believe is responsible for an 
emergency release shall, when requested by the office or an 
authorized agent of the office, furnish to the director any 
information that the person may have or may reasonably obtain 
that is relevant to the emergency release. 
    Subd. 2.  [ACCESS TO INFORMATION AND PROPERTY.] The 
director or an authorized agent, upon presentation of 
credentials, may:  
    (1) examine and copy any books, papers, records, memoranda, 
or data of any person who has a duty to provide information 
under subdivision 1; and 
    (2) enter upon any property, public or private, for the 
purpose of taking any action authorized by sections 22 to 38, 
including obtaining information from any person who has a duty 
to provide the information under subdivision 1 and conducting 
surveys or investigations. 
    Subd. 3.  [CLASSIFICATION OF DATA.] Except as otherwise 
provided in this subdivision, data obtained from any person 
under subdivision 1 or 2 is public data as defined in section 
13.02.  Upon certification by the subject of the data that the 
data relates to sales figures, processes or methods of 
production unique to that person, or information that would tend 
to affect adversely the competitive position of that person, the 
director shall classify the data as private or nonpublic data as 
defined in section 13.02.  Notwithstanding any other law to the 
contrary, data classified as private or nonpublic under this 
subdivision may be disclosed when relevant in any proceeding 
under sections 22 to 38, or to other public agencies concerned 
with the implementation of sections 22 to 38. 
    Subd. 4.  [RECOVERY OF EXPENSES.] Reasonable and necessary 
expenses incurred by the director under this section, including 
administrative and legal expenses, may be recovered from a 
person who has been found liable under section 28, 36, or 37, or 
any other law relating to the operation of a pipeline, in a 
separate action brought by the attorney general or in connection 
with an action under section 37.  The director's certification 
of expenses is prima facie evidence that the expenses are 
reasonable and necessary.  
    Sec. 35.  [299J.14] [LINE MARKERS REQUIRED; VANDALISM 
PROHIBITED; PENALTY.] 
    Subdivision 1.  [LINE MARKERS REQUIRED.] A pipeline 
operator shall place and maintain line markers over each 
pipeline as required by Code of Federal Regulations, title 49, 
parts 192.707 and 195.410.  
    Subd. 2.  [VANDALISM PROHIBITED; PENALTY.] A person may not 
deface, mar, damage, remove, injure, displace, destroy, or 
tamper with any sign or line marker marking the location of a 
pipeline.  A person violating this subdivision is guilty of a 
misdemeanor. 
    Sec. 36.  [299J.15] [DISPOSAL OF PIPELINE PROHIBITED; 
PENALTY; ENFORCEMENT.] 
    Subdivision 1.  [DISPOSAL PROHIBITED.] (a) After an 
emergency release has occurred, a pipeline operator, or its 
employee or agent, may not dispose of, destroy, or alter the 
part of a pipeline that was involved in the emergency release 
until approval is granted by the commissioner.  The authority of 
the commissioner to grant approval may not be delegated.  
     (b) This subdivision does not prevent the repair of a 
pipeline in the ground without the approval of the commissioner, 
or the excavation and removal from the ground of a pipeline or 
part of a pipeline without the approval of the commissioner.  
However, the pipeline may not be altered with the intent to 
prevent or hinder a determination of the cause of the emergency 
release. 
    Subd. 2.  [CRIMINAL PENALTY.] A person who knowingly 
violates subdivision 1, or who denies the director or the 
director's designee access to the pipeline for the purposes of 
inspection, is guilty of a felony and may be sentenced to 
imprisonment for not more than five years or to payment of a 
fine of not more than $10,000, or both. 
    Sec. 37.  [299J.16] [CIVIL PENALTY; INJUNCTIVE RELIEF.] 
    Subdivision 1.  [CIVIL PENALTY.] (a) A pipeline operator 
who violates section 28, subdivision 1, 30, or 36, or the rules 
of the commissioner implementing those sections, shall forfeit 
and pay to the state a civil penalty in an amount to be 
determined by the court as follows: 
    (1) for a violation of section 30, up to $10,000 for each 
day that the operator remains in violation; and 
    (2) for a violation of section 28, subdivision 1, or 36, up 
to $100,000 for each violation. 
    (b) The penalty provided under this subdivision may be 
recovered by an action brought by the attorney general in the 
name of the state in connection with an action to recover 
expenses of the director under section 34, subdivision 4, or by 
a separate action in the district court of Ramsey county or in 
the county of the defendant's residence.  
    Subd. 2.  [ACTION TO COMPEL PERFORMANCE; INJUNCTIVE 
RELIEF.] A person who fails to perform an act required by 
section 30, 34, or 36, or the rules of the commissioner 
implementing those sections, may be compelled to do so by an 
action in district court brought by the attorney general in the 
name of the state. 
    Sec. 38.  [299J.17] [OTHER REMEDIES PRESERVED.] 
    Sections 22 to 38 do not abolish or diminish the right of a 
person to bring a legal action or use a remedy available under 
any other provision of state or federal law, including common 
law, to recover for personal injury, disease, economic loss, or 
other costs arising out of a release. 
    Sec. 39.  [299J.18] [PIPELINE SAFETY ACCOUNT.] 
    The pipeline safety account is established as an account in 
the state treasury.  All fees and penalties collected under 
sections 22 to 38 shall be deposited in the state treasury and 
credited to the pipeline safety account.  
    Money received by the office in the form of gifts, grants, 
reimbursements, or appropriations from any source shall be 
credited to the pipeline safety account. 
    Sec. 40.  [TRAINING FOR PIPELINE INSPECTORS.] 
    Persons holding positions as inspectors with the state fire 
marshal on January 1, 1987, may be transferred or appointed to 
positions as inspectors with the office of pipeline safety 
without complying with the training requirements of section 24, 
subdivision 2, paragraph (b).  
    Sec. 41.  [APPROPRIATION.] 
    $418,300 is appropriated from the general fund to the 
agencies indicated in this section for the purposes of this act, 
to be available for the fiscal year ending June 30 in the years 
indicated. 
                                             1988        1989
(a)  State planning director               $ 73,000       -0-
 Any unencumbered balance remaining in 
the first year does not cancel and is 
available for the second year. 
(b)  Commissioner of public safety         $184,400    $160,900
 The approved complement of the 
department of public safety is 
increased by three positions. 
    Sec. 42.  [EFFECTIVE DATE.] 
    Sections 1, subdivisions 1 and 3; 4; 7; 9, subdivision 2; 
and 27 are effective the day following final enactment.  
Sections 1, subdivisions 2 and 4; 2; and 3 are effective July 1, 
1988.  Sections 8; 9, subdivisions 1 and 3; 10; 11; 12; and 13 
are effective October 1, 1988, and section 12, subdivision 1, 
paragraph (c) applies to crimes committed on or after that 
date.  Sections 28, 35, and 36 are effective August 1, 1987, and 
apply to crimes committed on or after that date. 
    Approved June 2, 1987

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569