SF 3368

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 09/28/2016 09:12am

A bill for an act
relating to transportation; modifying permit requirements for temporary use
of certain rights-of-way; amending Minnesota Statutes 2014, section 160.27,
by adding subdivisions; Minnesota Statutes 2015 Supplement, section 160.27,
subdivision 10.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 160.27, subdivision 10,
is amended to read:

Subd. 10.

Department of Transportation temporary permit for field application.

(a) In connection with the use of the road right-of-way of a road authority controlled by
the commissioner, excluding on controlled-access highways under section 160.08, a
property owner or occupant of property abutting the road right-of-way may apply for a
permit for temporary placement, for up to 14 days, of a pressurized flexible force main for
the to transport of manure for field application.

(b) The property owner or occupant must:

(1) identify the entire length of the right-of-way for use under the permit;

(2) place the force main within the backslope of the road authority's right-of-way
where possible;

(3) place pumping equipment outside the road authority's right-of-way; and

(4) meet all of the permit requirements identified by the road authority commissioner.

(c) Once the road authority commissioner has issued a permit, the property owner or
occupant may install place the force main over the length of the right-of-way from the
permittee's property to where the manure will be applied, irrespective of whether the
permittee is the owner or occupant of all property abutting the portion of the right-of-way
where the force main is to be installed placed.

(d) The commissioner may restrict the number of force mains simultaneously
located in the same right-of-way.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
to read:

Subd. 11.

Local road authority temporary permit for certain field application.

(a) A local road authority may, by ordinance, establish a permitting process to authorize
the placement of pressurized flexible force main within right-of-way under the jurisdiction
of the local road authority to transport manure for field application. A town board must be
authorized to adopt the ordinance at an annual town meeting. A local road authority must
not impose a fee or other charge for the permit. A permit issued under the ordinance is
valid for one year or longer as specified by the local road authority.

(b) A local road authority that has adopted an ordinance providing for a permitting
process must issue a permit to any property owner or occupant who applies for a permit if:

(1) the applicant submits a complete application at least five days prior to the day the
applicant intends to place the force main within the identified right-of-way or a shorter
time if approved by the road authority; and

(2) the requirements under subdivision 13 are met.

Sec. 3.

Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
to read:

Subd. 12.

General authority for certain field application.

When the local road
authority has not adopted an ordinance establishing a permitting process under subdivision
11, an owner or occupant may place a pressurized flexible force main within right-of-way
under the jurisdiction of the local road authority to transport manure for field application if:

(1) the local road authority has not notified the owner or occupant of scheduled road
authority maintenance activities that would be unduly interfered with if the placement
occurred during the maintenance activity; and

(2) the requirements under subdivision 13 are met.

Sec. 4.

Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
to read:

Subd. 13.

General regulations regarding certain field application.

The following
requirements apply when a force main is placed in a road right-of-way under subdivision
11 or 12:

(1) the owner or occupant must provide, at least one business day prior to placement
of the force main, written or electronic notice to the local road authority of the intent to
place a force main within an identified right-of-way;

(2) unless specifically authorized, the force main must not be left in a right-of-way
for more than 21 consecutive days;

(3) the owner or occupant must identify and notify the local road authority of the
intended starting and end points, and the path of the intended placement;

(4) the owner or occupant must provide to the local road authority the intended
starting and ending dates the force main will be placed in the right-of-way;

(5) unless otherwise instructed by the applicable local road authority, the owner or
occupant must place the force main in the backslope of the right-of-way to the extent
possible;

(6) unless specifically instructed otherwise, the owner or occupant must place all
pumping equipment outside of the right-of-way;

(7) the identified right-of-way must not be a controlled-access highway under
section 160.08;

(8) the owner or occupant must provide the local road authority (i) the owner or
occupant's full name, address, and phone number where the owner or occupant can be
reached during the time the force main is placed within the right-of-way, and (ii) any other
contact information where the owner or occupant can be reached after the force main
has been removed from the right-of-way;

(9) field application must be performed by the holder of a valid commercial animal
waste technician applicator license under section 18C.430, including proof of financial
responsibility;

(10) the force main placement must not unreasonably interfere with: (i) another
landowner or occupant's access to the owner or occupant's property; (ii) the safe use of
the right-of-way in which the force main is placed; (iii) the safe use of any driveway or
private road that the force main crosses; or (iv) maintenance activities authorized by
the local road authority;

(11) no prior notice under clause (1) or permit under subdivision 11 is required if
the placement of the force main is necessary to prevent overflow of a manure lagoon or
manure storage pond or to deal with emergency pumping activities created by flooding,
natural disaster, or declared emergency. The owner or occupant must make a good faith
effort to notify the local road authority of emergency placement and operation of a force
main under this clause, and must remove the force main within three days following the
end of the impending overflow, flood, natural disaster response, or declared emergency;

(12) the local road authority may remove or have removed, at the owner or
occupant's expense, any force main remaining in a right-of-way beyond the number of
days authorized under this section;

(13) the owner or occupant is responsible for restoring the right-of-way to the
preplacement condition, including the immediate cleanup of any spillage or leakage of
manure into the right-of-way; and

(14) a local road authority may, by ordinance, restrict the number of force mains
simultaneously located in the same right-of-way.

Sec. 5.

Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
to read:

Subd. 14.

Damage or spills; liability and immunity.

(a) A commercial animal
waste technician company licensed under section 18C.430 using a pressurized flexible
force main for the transport of manure for field application under this section is liable for
the costs of cleanup and repair for any spill or damage caused by a commercial animal
waste technician applicator during the placement, use, or removal of the force main.

(b) Neither the commissioner nor any city, county, or town road authority is subject
to any cause of action arising from the placement or operation of a pressurized flexible
force main under this section.

APPLICATION.

This section applies to causes of action arising after the effective
date of this section.

Sec. 6. EFFECTIVE DATE.

This act is effective the day following final enactment.