SF4339

Purpose

• To update the rules for the excavation notice system in Minnesota, including adding a requirement for an electronic positive response by underground facility operators to the notification center about the status of a locate tied to proposed excavation or boundary surveying.

Main Provisions

• Electronic Positive Response defined: Adds a formal definition for “electronic positive response” as an electronic notification from an operator to the notification center regarding the status of a locate in the area of a proposed excavation or boundary survey.
• Access to responses: The notification center must make an electronic positive response available to the excavator through electronic means.
• Excavation locate obligations: Before the excavation begins, the operator must locate and mark or provide the approximate horizontal location of its underground facilities and share information about abandoned or out-of-service facilities, at no cost to the excavator.
• Boundary survey obligations: For boundary surveys, the operator must locate and mark the approximate horizontal location within 96 hours (or the time stated in the notice, excluding weekends and holidays unless agreed otherwise) and provide an electronic positive response for the boundary survey notice.
• Marker standards: Markers used to designate the approximate horizontal location must follow a color code standard (APWA) and be placed within a two-foot-wide strip on either side of the facility. Markers must include the operator’s name and can be flags, stakes, or whiskers, or paint on hard surfaces if markers are not feasible.
• Marker tolerance: Markers must be within plus or minus two feet of the true location.
• If marking cannot be completed on time: The operator must promptly contact the excavator or land surveyor.
• Records maintenance: Operators must maintain maps, drawings, diagrams, and other records of any abandoned or out-of-service facilities (post-1998) and keep them accessible.
• As-built drawings: Operators must use geospatial location information (or equivalent) to develop as-built drawings of newly installed or newly abandoned facilities when they are exposed in the excavation area.
• Contact information: Operators must provide up-to-date contact information to the notification center, including changes, on a practical basis and at least quarterly; information should include the designated contact person’s name and phone number.
• Cost and liability: The operator or others providing information about abandoned/out-of-service or private facilities in good faith are not responsible for costs, claims, or damages arising from that information.

Implementation Details and Timelines

• Geospatial/as-built requirements: Creation of as-built drawings using geospatial location information for newly installed or abandoned facilities is phased in:
  • For operators serving 100 or more customers, the requirement starts on or after January 1, 2026.
  • For operators serving fewer than 10,000 customers in 2025, the requirement starts on or after January 1, 2027.
• General obligation to provide electronic positive responses and location marking applies to the locate and boundary survey processes.

Changes to Existing Law

• Introduces a new defined term (Electronic Positive Response) and requires its use.
• Expands operator duties to provide electronic status updates to excavators and to share precise approximate locations, along with a detailed marking system and color-code requirements.
• Codifies cost-bearing rules for locating and information provision, clarifying that operators must bear the cost of locating and marking, and that certain information shared in good faith is not liable for costs or damages.
• Establishes standardized marker requirements (colors, placement tolerance, and required identifying information) and ties them to APWA color codes.
• Establishes a phased timetable for implementing geospatial/as-built drawing duties based on operator size.

Terminology and Concepts to Highlight

• Electronic positive response
• Notification center
• Excavator
• Underground facility operator
• Locate period
• Approximate horizontal location
• Boundary survey
• Markers, flags, stakes, whiskers
• Color code standard (APWA)
• Two-foot strip/tolerance
• As-built drawings
• Geospatial location information
• Abandoned and out-of-service facilities
• Uptodate contact information

Practical Impact for Stakeholders

• Excavators will receive timely electronic confirmations about locate statuses.
• Operators face clearer standards for marking, records, and data sharing, with cost-bearing responsibilities clarified.
• Small operators have a delayed start for some geospatial/as-built duties, allowing a phased rollout.
• Public safety and utility location accuracy are prioritized through standardized marker practices and precise tolerances.

Relevant Terms - electronic positive response - notification center - excavator - boundary survey - underground facility operator - locate - approximate horizontal location - two feet - two-foot tolerance - color code standard - American Public Works Association (APWA) - markers - flags - stakes - whiskers - as-built drawings - geospatial location information - abandoned and out-of-service facilities - locate period - records/maps/diagrams