SF 1539

as introduced - 87th Legislature (2011 - 2012) Posted on 01/27/2012 08:40am

A bill for an act
relating to public safety; modifying responsibility of operator of underground
facilities before excavation; amending Minnesota Statutes 2010, sections
216D.01, by adding a subdivision; 216D.04, subdivision 3.

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

Section 1.

Minnesota Statutes 2010, section 216D.01, is amended by adding a
subdivision to read:

new text begin Subd. 10a. new text end

new text begin Service lateral. new text end

new text begin "Service lateral" means an underground facility that is
used to transmit, distribute, or furnish gas, electricity, communications, or water from a
common source to an end-use customer. A service lateral is also an underground facility
that is used in the removal of wastewater from a customer's premises.
new text end

Sec. 2.

Minnesota Statutes 2010, section 216D.04, subdivision 3, is amended to read:

Subd. 3.

Locating underground facility; operator.

(a) Prior to the excavation start
time on the notice, an operator shall 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. 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) Within 96 hours or the time specified in the notice, whichever is later, after
receiving a notice for boundary survey from the notification center, excluding Saturdays,
Sundays, and holidays, unless otherwise agreed to between the land surveyor and operator,
an operator shall locate and mark or otherwise provide the approximate horizontal location
of the underground facilities of the operator, without cost to the land surveyor.

(c) 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.

(d) Markers used to designate the approximate location of underground facilities
must follow the current color code standard used by the American Public Works
Association.

(e) If the operator cannot complete marking of the excavation or boundary survey
area before the excavation or boundary survey start time stated in the notice, the operator
shall promptly contact the excavator or land surveyor.

(f) After December 31, 1998, operators shall maintain maps, drawings, diagrams, or
other records of any underground facility abandoned or out-of-service after December
31, 1998.

(g) An operator or other person 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, out-of-service, or private or customer-owned
underground facilities new text begin , except as provided in paragraph (h) new text end .

new text begin (h) An operator of a natural gas, propane, or electric facility shall locate, mark, and
otherwise provide the approximate horizontal location of a customer-owned service lateral
underground facility whether located in the public right-of-way or in private property. The
operator shall not charge a fee to the owner of the service lateral for locating and marking.
new text end