Date: 

October 29, 2024

Purpose:

During the 2024 Regular Session, the Minnesota Legislature made several revisions to Minnesota Statute 216D, the state excavation law. This alert notice provides information regarding “performance reporting,” which was part of the changes made. Additional resources regarding MS 216D changes can be found on the Gopher State One Call home page.

Applicable regulations:

1. Minnesota Statute 216D.01 Subd. 2
2. Minnesota Statute 216D.01 Subd. 9
3. Minnesota Statute 216D.01 Subd. 10
4. Minnesota Statute 216D.01 Subd. 11
5. Minnesota Statute 216D.03 Subd. 5 has been added

Minnesota Statute 216D.03
Subd. 5. Performance reporting.

(a) Each operator must submit a report to the Office of Pipeline Safety on a quarterly basis, using a form or database entry designated by the Office of Pipeline Safety. The report must contain the following information:

1. the total number of notifications and the number of notifications, itemized by type;
2. for each notification type, the percentage of notifications marked by the start time on the notice; and
3. the number of utility damages, itemized by the cause of the damages.

(b) Except for a pipeline operator that is subject to chapter 299F or 299J, an operator with fewer than 5,000 notifications received during the previous calendar year is exempt from the reporting requirement under paragraph (a).
(c) The data collected under this subdivision may not be used to initiate an enforcement action by the Office of Pipeline Safety.
(d) The commissioner must annually publish a report on the data collected under this subdivision and make the report available on the Office of Pipeline Safety website.

Please let us know if we can assist with the completion of this report in any way or if you have any general questions about performance reporting requirements.

Office of Pipeline Safety 
651-201-7230 
dps.mnops.response@state.mn.us