Bill Text: MN SF1539 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Service lateral location identification requirement
Sponsorship: Partisan Bill (Republican 5)
Status: (Introduced - Dead) 2012-01-26 - Referred to Judiciary and Public Safety [SF1539 Detail]
Download: Minnesota-2011-SF1539-Introduced.html
1.2relating to public safety; modifying responsibility of operator of underground
1.3facilities before excavation; amending Minnesota Statutes 2010, sections
1.4216D.01, by adding a subdivision; 216D.04, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 216D.01, is amended by adding a
1.7subdivision to read:
1.8 Subd. 10a. Service lateral. "Service lateral" means an underground facility that is
1.9used to transmit, distribute, or furnish gas, electricity, communications, or water from a
1.10common source to an end-use customer. A service lateral is also an underground facility
1.11that is used in the removal of wastewater from a customer's premises.
1.12 Sec. 2. Minnesota Statutes 2010, section 216D.04, subdivision 3, is amended to read:
1.13 Subd. 3. Locating underground facility; operator. (a) Prior to the excavation start
1.14time on the notice, an operator shall locate and mark or otherwise provide the approximate
1.15horizontal location of the underground facilities of the operator and provide readily
1.16available information regarding the operator's abandoned and out-of-service underground
1.17facilities as shown on maps, drawings, diagrams, or other records used in the operator's
1.18normal course of business, without cost to the excavator. The excavator shall determine
1.19the precise location of the underground facility, without damage, before excavating within
1.20two feet of the marked location of the underground facility.
1.21(b) Within 96 hours or the time specified in the notice, whichever is later, after
1.22receiving a notice for boundary survey from the notification center, excluding Saturdays,
1.23Sundays, and holidays, unless otherwise agreed to between the land surveyor and operator,
2.1an operator shall locate and mark or otherwise provide the approximate horizontal location
2.2of the underground facilities of the operator, without cost to the land surveyor.
2.3(c) For the purpose of this section, the approximate horizontal location of the
2.4underground facilities is a strip of land two feet on either side of the underground facilities.
2.5(d) Markers used to designate the approximate location of underground facilities
2.6must follow the current color code standard used by the American Public Works
2.7Association.
2.8(e) If the operator cannot complete marking of the excavation or boundary survey
2.9area before the excavation or boundary survey start time stated in the notice, the operator
2.10shall promptly contact the excavator or land surveyor.
2.11(f) After December 31, 1998, operators shall maintain maps, drawings, diagrams, or
2.12other records of any underground facility abandoned or out-of-service after December
2.1331, 1998.
2.14(g) An operator or other person providing information pursuant to this subdivision
2.15is not responsible to any person, for any costs, claims, or damages for information
2.16provided in good faith regarding abandoned, out-of-service, or private or customer-owned
2.17underground facilities, except as provided in paragraph (h).
2.18(h) An operator of a natural gas, propane, or electric facility shall locate, mark, and
2.19otherwise provide the approximate horizontal location of a customer-owned service lateral
2.20underground facility whether located in the public right-of-way or in private property. The
2.21operator shall not charge a fee to the owner of the service lateral for locating and marking.
1.3facilities before excavation; amending Minnesota Statutes 2010, sections
1.4216D.01, by adding a subdivision; 216D.04, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 216D.01, is amended by adding a
1.7subdivision to read:
1.8 Subd. 10a. Service lateral. "Service lateral" means an underground facility that is
1.9used to transmit, distribute, or furnish gas, electricity, communications, or water from a
1.10common source to an end-use customer. A service lateral is also an underground facility
1.11that is used in the removal of wastewater from a customer's premises.
1.12 Sec. 2. Minnesota Statutes 2010, section 216D.04, subdivision 3, is amended to read:
1.13 Subd. 3. Locating underground facility; operator. (a) Prior to the excavation start
1.14time on the notice, an operator shall locate and mark or otherwise provide the approximate
1.15horizontal location of the underground facilities of the operator and provide readily
1.16available information regarding the operator's abandoned and out-of-service underground
1.17facilities as shown on maps, drawings, diagrams, or other records used in the operator's
1.18normal course of business, without cost to the excavator. The excavator shall determine
1.19the precise location of the underground facility, without damage, before excavating within
1.20two feet of the marked location of the underground facility.
1.21(b) Within 96 hours or the time specified in the notice, whichever is later, after
1.22receiving a notice for boundary survey from the notification center, excluding Saturdays,
1.23Sundays, and holidays, unless otherwise agreed to between the land surveyor and operator,
2.1an operator shall locate and mark or otherwise provide the approximate horizontal location
2.2of the underground facilities of the operator, without cost to the land surveyor.
2.3(c) For the purpose of this section, the approximate horizontal location of the
2.4underground facilities is a strip of land two feet on either side of the underground facilities.
2.5(d) Markers used to designate the approximate location of underground facilities
2.6must follow the current color code standard used by the American Public Works
2.7Association.
2.8(e) If the operator cannot complete marking of the excavation or boundary survey
2.9area before the excavation or boundary survey start time stated in the notice, the operator
2.10shall promptly contact the excavator or land surveyor.
2.11(f) After December 31, 1998, operators shall maintain maps, drawings, diagrams, or
2.12other records of any underground facility abandoned or out-of-service after December
2.1331, 1998.
2.14(g) An operator or other person providing information pursuant to this subdivision
2.15is not responsible to any person, for any costs, claims, or damages for information
2.16provided in good faith regarding abandoned, out-of-service, or private or customer-owned
2.17underground facilities, except as provided in paragraph (h).
2.18(h) An operator of a natural gas, propane, or electric facility shall locate, mark, and
2.19otherwise provide the approximate horizontal location of a customer-owned service lateral
2.20underground facility whether located in the public right-of-way or in private property. The
2.21operator shall not charge a fee to the owner of the service lateral for locating and marking.
