1.1.................... moves to amend H.F. No. 3436, the second engrossment, as follows:
1.2Page 56, after line 17, insert:

1.3    "Sec. 71. Minnesota Statutes 2022, section 216D.01, is amended by adding a subdivision
1.4to read:
1.5    Subd. 7a. Locate. "Locate" means an operator's markings of an underground facility.

1.6    Sec. 72. Minnesota Statutes 2022, section 216D.01, is amended by adding a subdivision
1.7to read:
1.8    Subd. 7b. Locate period. "Locate period" means:
1.9(1) the period among the following that ends farthest from now:
1.10(i) the 48-hour period beginning at 12:01 a.m. on the day after a locate request is
1.11submitted to the notification center, excluding any Saturday, Sunday, or holiday; or
1.12(ii) the period between the date of submission of a locate request to the notification
1.13center and the identified date and time of excavation; or
1.14(2) if applicable, and notwithstanding clause (1), a period of time that is mutually agreed
1.15to between the excavator and operator, as specified in written documentation provided to
1.16the notification center.

1.17    Sec. 73. Minnesota Statutes 2022, section 216D.01, is amended by adding a subdivision
1.18to read:
1.19    Subd. 8a. On-site meet. "On-site meet" means meeting at the site of a proposed
1.20excavation requested at the time of notice by the excavator with all affected underground
1.21facility operators to further clarify the precise geographic location of excavation, schedule
2.1the locating, propose future contacts, and share other information concerning the excavation
2.2and facilities.

2.3    Sec. 74. Minnesota Statutes 2022, section 216D.01, subdivision 12, is amended to read:
2.4    Subd. 12. Utility quality level. "Utility quality level" means a professional opinion
2.5about the quality and reliability of utility information. There are four levels of utility quality
2.6information, ranging from the most precise and reliable, level A, to the least precise and
2.7reliable, level D. The utility quality level must be determined in accordance with guidelines
2.8established by the Construction Institute of the American Society of Civil Engineers in the
2.9document CI/ASCE 38-02 entitled "Standard Guidelines for the Collection and Depiction
2.10of Existing Subsurface Utility Data. Standard Guideline for Investigating and Documenting
2.11Existing Utilities," ASCE/UESI/CI 38-22, or in a successor document.

2.12    Sec. 75. Minnesota Statutes 2022, section 216D.03, is amended by adding a subdivision
2.13to read:
2.14    Subd. 5. Performance reporting. (a) Each operator must submit a report to the Office
2.15of Pipeline Safety on a quarterly basis, using a form or database entry designated by the
2.16Office of Pipeline Safety. The report must contain the following information:
2.17(1) the total number of notifications and the number of notifications itemized by type;
2.18(2) for each notification type, the percentage of notifications marked by the start time
2.19on the notice; and
2.20(3) the number of utility damages, itemized by the cause of the damages.
2.21(b) Except for a pipeline operator that is subject to chapter 299F or 299J, an operator
2.22with fewer than 5,000 notifications received during the previous calendar year is exempt
2.23from the reporting requirement under paragraph (a).
2.24(c) The data collected under this subdivision may not be used to initiate an enforcement
2.25action by the Office of Pipeline Safety.
2.26(d) The commissioner must annually publish a report on the data collected under this
2.27subdivision and make the report available on the Office of Pipeline Safety website.

3.1    Sec. 76. Minnesota Statutes 2022, section 216D.04, is amended to read:
3.2216D.04 EXCAVATION; LAND SURVEY.
3.3    Subdivision 1. Notice required; contents. (a) Except in an emergency, an excavator
3.4shall must and a land surveyor may contact the notification center and provide notice at
3.5least 48 hours, excluding the day of notification, Saturdays, Sundays, and holidays and not
3.6more than 14 calendar days before beginning any excavation or boundary survey. An
3.7excavation or boundary survey begins, for purposes of this requirement, the first time
3.8excavation or a boundary survey occurs in an area that was not previously identified by the
3.9excavator or land surveyor in the notice.
3.10(b) The notice may be oral or written, and must contain the following information:
3.11(1) the name of the individual providing the notice;
3.12(2) the precise location of the proposed area of excavation or survey;
3.13(3) the name, address, and telephone number of the individual or individual's company;
3.14(4) the field telephone number, if one is available;
3.15(5) the type and extent of the activity;
3.16(6) whether or not the discharge of explosives is anticipated;
3.17(7) the date and time when the excavation or survey is to commence; and
3.18(8) the estimated duration of the activity.
3.19    Subd. 1a. Plans for excavation. (a) Any person, prior to soliciting bids or entering into
3.20a contract for excavation, shall must provide a proposed notice to the notification center to
3.21obtain from the affected operators of underground facilities the type, size, and general
3.22location of underground facilities. Affected operators shall must provide the information
3.23within 15 working days. An operator who provides information to a person who is not a
3.24unit of government may indicate any portions of the information which are proprietary and
3.25may require the person to provide appropriate confidentiality protection. The information
3.26obtained from affected operators must be submitted on the final drawing used for the bid
3.27or contract and must depict the utility quality level of that information. This information
3.28must be updated not more than 90 days before completion of the final drawing used for the
3.29bid or contract.
3.30(b) This subdivision does not apply to bids and contracts for:
4.1(1) routine maintenance of underground facilities or installation, maintenance, or repair
4.2of service lines;
4.3(2) excavation for operators of underground facilities performed on a unit of work or
4.4similar basis; or
4.5(3) excavation for home construction and projects by home owners.
4.6(c) A person required by this section to show existing underground facilities on its
4.7drawings shall must conduct one or more preliminary design meetings during the design
4.8phase to communicate the project design and project scope and timeline, and to coordinate
4.9utility relocation. Affected facility operators shall must attend these meetings or make other
4.10arrangements to provide information. Project owners must provide project start dates,
4.11duration information, and scope of work.
4.12(d) A person required by this section to show existing underground facilities on its
4.13drawings shall must conduct one or more preconstruction meetings to communicate the
4.14project design and project scope and timeline, and to coordinate utility relocation. Affected
4.15facility operators and contractors shall must attend these meetings or make other arrangements
4.16to provide information.
4.17(e) This subdivision does not affect the obligation to provide a notice of excavation as
4.18required under subdivision 1.
4.19    Subd. 1b. On-site meet. (a) An on-site meet may be requested for any excavation at the
4.20discretion of the excavator. The meet request must include the entire geographic area of the
4.21proposed excavation and the specific location of the meet.
4.22(b) Unless otherwise agreed to between an excavator and operator, an on-site meet is
4.23required for:
4.24(1) an excavation notice that involves excavation of one mile or more in length; or
4.25(2) any combination of notices provided for adjacent geographic sections that, when
4.26combined, meet or exceed the minimum excavation length under clause (1).
4.27(c) The excavator must provide a precise geographic area of the proposed excavation
4.28and use markings as specified under section 216D.05, clause (2).
4.29(d) An affected operator must (1) attend the on-site meet at the proposed date and time,
4.30or (2) contact the excavator before the meet and (i) reschedule the meet for a mutually
4.31agreed date and time, or (ii) reach an agreement with the excavator that a meet is not required.
5.1At the meet, the operator and the excavator must reach an agreement on any subsequent
5.2planned meets or further communication.
5.3(e) The on-site meet date and time must occur at least 48 hours after the notice, excluding
5.4Saturdays, Sundays, and holidays. The excavation start time must be at least 48 hours after
5.5the proposed meet date and time specified on the notice, excluding Saturdays, Sundays, and
5.6holidays.
5.7(f) The excavator and the operator must submit documentation of each on-site meet to
5.8the notification center, in the manner specified by the notification center. The documentation
5.9must include:
5.10(1) the date and time of the meet;
5.11(2) the names, company affiliations, and contact information of the attendees of each
5.12meet;
5.13(3) a diagram, sketch, or description of the precise excavation locations, dates, and times;
5.14and
5.15(4) the agreed schedule of any future on-site meets or communications.
5.16    Subd. 2. Duties of notification center; regarding notice. The notification center shall
5.17must assign an inquiry identification number to each notice and retain a record of all notices
5.18received for at least six years. The center shall must immediately transmit the information
5.19contained in a notice to every operator that has an underground facility in the area of the
5.20proposed excavation or boundary survey.
5.21    Subd. 3. Locating underground facility; operator. (a) Prior to the excavation start
5.22time on the notice conclusion of the locate period, an operator shall must locate and mark
5.23or otherwise provide the approximate horizontal location of the underground facilities of
5.24the operator and provide readily available information regarding the operator's abandoned
5.25and out-of-service underground facilities as shown on maps, drawings, diagrams, or other
5.26records used in the operator's normal course of business, without cost to the excavator. The
5.27excavator shall must determine the precise location of the underground facility, without
5.28damage, before excavating within two feet of the marked location of the underground facility.
5.29(b) Within 96 hours or the time specified in the notice, whichever is later, after receiving
5.30a notice for boundary survey from the notification center, excluding Saturdays, Sundays,
5.31and holidays, unless otherwise agreed to between the land surveyor and operator, an operator
5.32shall must locate and mark or otherwise provide the approximate horizontal location of the
5.33underground facilities of the operator, without cost to the land surveyor.
6.1(c) For the purpose of this section, the approximate horizontal location of the underground
6.2facilities is a strip of land two feet on either side of the underground facilities.
6.3(d) Markers used to designate the approximate horizontal location of underground
6.4facilities must are subject to the following requirements:
6.5(1) markers must be a combination of paint markings and at least one of the following:
6.6(i) a flag or flags, (ii) a stake or stakes, or (iii) a whisker or whiskers;
6.7(2) all markers under clause (1) must follow the current color code standard used by the
6.8American Public Works Association;
6.9(3) markers must be located within a plus or minus two-foot tolerance; and
6.10(4) the name of the operator must be indicated on each flag, stake, or whisker.
6.11If the surface being marked is hard, markers without flags, stakes, or whiskers may be used
6.12but must comply with the color code standard and tolerance requirement under clauses (2)
6.13and (3).
6.14(e) If the operator cannot complete marking of the excavation or boundary survey area
6.15before the excavation or boundary survey start time stated in the notice, the operator shall
6.16must promptly contact the excavator or land surveyor.
6.17(f) After December 31, 1998, Operators shall must maintain maps, drawings, diagrams,
6.18or other records of any underground facility abandoned or out-of-service after December
6.1931, 1998.
6.20(g) An operator or other person providing information pursuant to this subdivision is
6.21not responsible to any person, for any costs, claims, or damages for information provided
6.22in good faith regarding abandoned, out-of-service, or private or customer-owned underground
6.23facilities.
6.24(h) An operator must use geospatial location information or an equivalent technology
6.25to develop as-built drawings of newly installed or newly abandoned facilities if exposed in
6.26the excavation area. The requirements under this paragraph apply (1) on or after January 1,
6.272026, or (2) on or after January 1, 2027, for an operator that provided services to fewer than
6.2810,000 customers in calendar year 2025.
6.29    Subd. 4. Locating underground facility; excavator or land surveyor. (a) The excavator
6.30or land surveyor shall must determine the precise location of the underground facility,
6.31without damage, before excavating within two feet on either side of the marked location of
6.32the underground facility.
7.1(b) Activities in the proposed area of excavation or boundary survey must take place
7.2before the expiration date and time on the notification. If the excavator or land surveyor
7.3cancels the excavation or boundary survey, the excavator or land surveyor shall must cancel
7.4the notice through the notification center.
7.5(c) The notice is valid for 14 calendar days from the start time stated on the notice. If
7.6the activity will continue after the expiration time, then the person responsible for the activity
7.7shall must serve an additional notice at least 48 hours, excluding Saturdays, Sundays, and
7.8holidays, before the expiration time of the original notice, unless the excavator makes
7.9arrangements with the operators affected to periodically verify or refresh the marks, in
7.10which case the notice is valid for six months from the start time stated on the notice.
7.11(d) The excavator is responsible for reasonably protecting and preserving the marks until
7.12no longer required for proper and safe excavation near the underground facility. If the
7.13excavator has reason to believe the marks are obliterated, obscured, missing, or incorrect,
7.14the excavator shall must notify the facility operator or notification center in order to have
7.15an operator verify or refresh the marks.

7.16    Sec. 77. Minnesota Statutes 2022, section 216D.05, is amended to read:
7.17216D.05 PRECAUTIONS TO AVOID DAMAGE.
7.18(a) An excavator shall must:
7.19(1) plan the excavation to avoid damage to and minimize interference with underground
7.20facilities in and near the construction area;
7.21(2) use white markings for proposed excavations except where it can be shown that it
7.22is not practical, use (i) white markings or black markings in wintery conditions, or (ii)
7.23electronic marking as provided in paragraph (b);
7.24(3) maintain a clearance between an underground facility and the cutting edge or point
7.25of any mechanized equipment, considering the known limit of control of the cutting edge
7.26or point to avoid damage to the facility;
7.27(4) provide support for underground facilities in and near the construction area, including
7.28during backfill operations, to protect the facilities; and
7.29(5) conduct the excavation in a careful and prudent manner.
7.30(b) An excavator may use electronic marking under paragraph (a), clause (2), if:
7.31(1) the marking provides at least as much proposed excavation information as equivalent
7.32physical markings; and
8.1(2) electronic marking used prior to January 1, 2026, is accompanied by equivalent
8.2physical markings as provided under paragraph (a), clause (2).
8.3(c) Following submission of electronic marking, an operator may require the excavator
8.4to use physical markings."
8.5Page 67, line 20, after the semicolon, insert "216D.06, subdivision 3;"
8.6Renumber the sections in sequence and correct the internal references
8.7Amend the title accordingly