299J.01 AUTHORITY OF OFFICE OF PIPELINE SAFETY.
The commissioner of public safety shall, to the extent authorized by agreement with
the United States Secretary of Transportation, act as agent for the United States Secretary of
Transportation to implement the federal Hazardous Liquid Pipeline Safety Act, United States
Code, title 49, sections 2001 to 2014, the federal Natural Gas Pipeline Safety Act, United States
Code, title 49, sections 1671 to 1686, and federal pipeline safety regulations with respect to
interstate pipelines located within this state. The commissioner shall, to the extent authorized
by federal law, regulate pipelines in the state as authorized by sections 299J.01 to 299J.17 and
299F.56 to 299F.641.
History: 1987 c 353 s 22; 1989 c 244 s 18

299J.02 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 299J.01 to
299J.17.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of public safety.
    Subd. 3. Director. "Director" means the director of the Office of Pipeline Safety.
    Subd. 4. Emergency. "Emergency" means a condition that poses a clear and immediate
danger to life or health or that threatens a significant loss of property.
    Subd. 5. Emergency release. "Emergency release" means a release that poses a clear and
immediate danger to life or health or that threatens a significant loss of property.
    Subd. 6. Emergency responder. "Emergency responder" means a fire department or
company, a law enforcement official or office, an ambulance or other emergency rescue service,
or the Division of Emergency Management created by section 12.04, subdivision 1.
    Subd. 7. Gas. "Gas" has the meaning given it in Code of Federal Regulations, title 49,
section 192.3.
    Subd. 8. Hazardous liquid. "Hazardous liquid" means "hazardous liquid" and "highly
volatile liquid" as defined in Code of Federal Regulations, title 49, section 195.2.
    Subd. 8a. LNG; liquefied natural gas. "LNG" or "liquefied natural gas" means natural gas
or synthetic gas having as its major constituent methane that has been changed to a liquid or
semisolid.
    Subd. 8b. LNG facility. "LNG facility" means a pipeline facility that is used for liquefying or
solidifying natural gas or synthetic gas or transferring, storing, or vaporizing liquefied natural gas.
    Subd. 9. Local governmental unit. "Local governmental unit" means a county, town, or
statutory or home rule charter city.
    Subd. 10. Person. "Person" means an individual, corporation, partnership, association, or
other business entity or a trustee, receiver, assignee, or personal representative of any of them.
    Subd. 11. Pipeline. "Pipeline" means:
(1) pipe with a nominal diameter of six inches or more, located in the state, that is used
to transport hazardous liquids, but does not include pipe used to transport a hazardous liquid
by gravity, and pipe used to transport or store a hazardous liquid within a refining, storage, or
manufacturing facility; or
(2) pipe operated at a pressure of more than 275 pounds per square inch that carries gas.
    Subd. 12. Pipeline operator. "Pipeline operator" means a person who owns or operates
a pipeline or LNG facility.
    Subd. 13. Release. "Release" means a spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, leaching, dumping, disposing, flowing, or any other uncontrolled
escape of a hazardous liquid or gas from a pipeline or gas from a LNG facility.
History: 1987 c 71 s 2; 1987 c 353 s 23; 1992 c 386 s 1-4

299J.03 OFFICE OF PIPELINE SAFETY.
    Subdivision 1. Establishment. The Office of Pipeline Safety is under the control of a director
appointed by the commissioner and serving at the commissioner's pleasure in the unclassified
service. The commissioner shall employ in the Office of Pipeline Safety inspectors and other
professional and clerical staff who serve in the classified service.
    Subd. 2. Qualifications. (a) The director of the office must be knowledgeable in the
operation and safety aspects of pipelines.
(b) Inspectors must have scientific or technical training or experience that demonstrates
in-depth knowledge of pipeline engineering technology and pipeline safety.
(c) Inspectors shall complete courses at the Transportation Safety Institute and be certified by
the institute as soon as possible following appointment.
(d) Inspectors shall meet the qualifications established by the federal government in order for
the state to participate in the pipeline safety grant programs under the federal Natural Gas Pipeline
Safety Act and the federal Hazardous Liquid Pipeline Safety Act.
History: 1987 c 353 s 24; 1989 c 244 s 19

299J.04 DUTIES OF OFFICE OF PIPELINE SAFETY.
    Subdivision 1. General duties. The commissioner shall:
(1) enforce sections 216D.01 to 216D.09, as provided in sections 216D.08 and 216D.09;
(2) maintain a database of all pipeline and LNG facility emergency releases;
(3) inspect, as necessary, any record, map, or written procedure required by sections 299J.01
to 299J.17 to be kept by a pipeline operator concerning the reporting of emergency releases, and
the design, construction, testing, or operation and maintenance of pipelines and LNG facilities; and
(4) adopt rules to implement sections 299J.01 to 299J.17.
The rules adopted under clause (4) must treat separately and distinguish between hazardous liquid
and gas pipelines and must be compatible with federal laws and regulations.
    Subd. 2. Delegated duties. (a) The commissioner shall seek and accept federal designation
of the office's pipeline inspectors as federal agents for the purposes of enforcement of the federal
Hazardous Liquid Pipeline Safety Act, United States Code, title 49, sections 2001 to 2014, the
federal Natural Gas Pipeline Safety Act, United States Code, title 49, sections 1671 to 1686, and
federal rules adopted to implement those acts. The commissioner shall establish and submit to the
United States Secretary of Transportation an inspection program that complies with requirements
for delegated interstate agent inspection authority.
(b) To the extent that federal delegation of interstate agent inspection authority permits,
the inspection program for interstate pipelines and LNG facilities must be the same as the
inspection program for intrastate pipelines and LNG facilities. If the United States Secretary of
Transportation delegates inspection authority to the state as provided in this subdivision, the
commissioner, at a minimum, shall do the following to carry out the delegated federal authority:
(1) inspect pipelines and LNG facilities periodically as specified in the inspection program;
(2) collect inspection fees;
(3) order and oversee the testing of pipelines and LNG facilities as authorized by federal law
and regulations; and
(4) file reports with the United States Secretary of Transportation as required to maintain
the delegated inspection authority.
    Subd. 3.[Repealed by amendment, 1989 c 244 s 20]
    Subd. 4.[Repealed by amendment, 1989 c 244 s 20]
History: 1987 c 353 s 25; 1989 c 244 s 20; 1992 c 386 s 5

299J.05 PIPELINE SETBACK ORDINANCE.
(a) The commissioner shall adopt, by December 31, 1990, a model ordinance under chapter
14 requiring a setback from pipelines in areas where residential or other development is allowed.
The model ordinance must apply only to new development and not to development that has
occurred, or for which development permits have been issued, before the effective date of the
ordinance.
(b) By August 1, 1991, each statutory or home rule charter city, town, or county that has
planning and zoning authority under sections 366.10 to 366.19, 394.21 to 394.37, or 462.351 to
462.365, and in which a pipeline is located, shall adopt a pipeline setback ordinance that meets or
exceeds the minimum standards of the model ordinance and is approved by the commissioner.
The model ordinance applies in a jurisdiction where the local governmental unit does not adopt a
setback ordinance that is approved by the commissioner by August 1, 1991.
History: 1987 c 353 s 26; 1989 c 244 s 21

299J.06 [Repealed, 1998 c 348 s 8]

299J.061 [Repealed, 2006 c 212 art 1 s 26]

299J.07 PENALTIES FOR FAILING TO REPORT EMERGENCY RELEASE.
    Subdivision 1. Duty to report. A pipeline operator shall immediately report by telephone to
the emergency response center established by the commissioner of public safety an emergency
release from the operator's pipeline or LNG facility.
    Subd. 2. Felony. (a) An employee of a pipeline operator who has responsibility to make the
report under subdivision 1 is guilty of a felony if:
(1) the employee knows or has reason to know that an emergency release exists;
(2) the employee does not immediately report the release to the commissioner of public
safety; and
(3) the emergency release causes the death of an individual or great bodily harm as defined in
section 609.02, subdivision 8.
(b) A person convicted under this subdivision may be sentenced to imprisonment for not
more than seven years or payment of a fine of not more than $14,000, or both.
History: 1987 c 353 s 28; 1992 c 386 s 6

299J.08 COMMISSIONER REPORTS RELEASE; ADVICE, COORDINATION.
Upon receiving notice of an emergency release, the commissioner or a designee shall
immediately report the emergency release to the emergency responder of the appropriate local
governmental unit, to the Pollution Control Agency if the notice of the release is required by
section 115.061, and to any other person or office, as provided by the rules or procedures
of the Office of Pipeline Safety. A pipeline operator's report of an emergency release to the
commissioner satisfies the notification requirements of section 115.061. The commissioner shall
advise the emergency responder concerning appropriate emergency procedures and coordinate
the procedures. The commissioner shall also coordinate responses to pipeline accidents with
the federal government according to procedures established by the United States Secretary of
Transportation.
History: 1987 c 353 s 29; 1989 c 244 s 23

299J.09 [Repealed, 1989 c 244 s 28]

299J.10 LOCAL GOVERNMENT EMERGENCY OPERATIONS PLAN.
(a) A county or statutory or home rule charter city having a pipeline or LNG facility within
its jurisdiction shall prepare an emergency operations plan and supporting documents that will
include appropriate pipeline safety information. The format and content of the plan and supporting
documents must be in agreement with the guidance and prototype planning documents provided
by the Department of Public Safety, Division of Emergency Management. The county or statutory
or home rule charter city must consult with the pipeline owner or operator when preparing the plan.
(b) A county or statutory or home rule charter city shall review and update its plan and
supporting documents annually to reflect changes in its operations, in the operation of the pipeline
or LNG facility, or other matters relating to public safety. The annual review, update, and approval
of the plan and supporting documents must be in accord with the guidance provided by the
Department of Public Safety, Division of Emergency Management. The director may at any
reasonable time examine an emergency operations plan required by this section.
History: 1987 c 353 s 31; 1989 c 244 s 24; 1992 c 386 s 7

299J.11 ADOPTION OF FEDERAL PIPELINE INSPECTION RULES.
To enable the state to act as an agent of the United States Secretary of Transportation and
to qualify for annual federal certification to enforce the federal pipeline inspection program
authorized by the Hazardous Liquid Pipeline Safety Act, United States Code, title 49, sections
2001 to 2014, the federal Natural Gas Pipeline Safety Act, United States Code, title 49, sections
1671 to 1686, and the rules implementing those acts, the federal pipeline inspection rules and
safety standards, and regulations and standards that may be adopted that amend them, are adopted.
History: 1987 c 353 s 32; 1989 c 244 s 25

299J.12 INTERSTATE PIPELINE INSPECTION FEE, ASSESSMENT.
    Subdivision 1. Assessment and deposit of fee. For each quarter following the delegation to
the state of the inspection authority described in section 299J.04, the commissioner shall assess
and collect from every interstate pipeline operator an inspection fee in an amount calculated under
subdivisions 2 and 3. If an operator does not pay the fee within 60 days after the assessment was
mailed, the commissioner may impose a delinquency fee of ten percent of the quarterly inspection
fee and interest at the rate of 15 percent per year on the portion of the fee not paid. Fees collected
by the commissioner under this section must be deposited in the pipeline safety account.
    Subd. 2. Inspection fee. For interstate pipelines and LNG facilities subject to the inspection
authority granted under sections 299J.01 to 299J.11, the expenses attributable to the inspection
of each pipeline facility or LNG facility must be directly charged to the appropriate pipeline
operators on a quarterly basis. The expenses must not include expenses that will be reimbursed
by the federal government.
    Subd. 3. Support costs. The commissioner shall calculate the amount of the general support
costs of the Office of Pipeline Safety for the preceding quarter that is proportionate to the amount
of time spent by the office in implementing sections 299J.01 to 299J.18 and maintaining interstate
agent status, including the costs incurred in seeking federal interstate agent status in the first
quarter's calculations. The costs incurred in seeking federal interstate agent status must include the
costs directly attributable to salaries, training, and other activities and costs related to obtaining
interstate agent status, from the time that the request for interstate agent status is submitted by the
commissioner to the United States Department of Transportation, to the time that approval of
interstate agent status is granted. The calculated support cost must not include expenses that will
be reimbursed by the federal government. Each interstate pipeline operator, except LNG facility
operators, must be assessed on a quarterly basis a portion of the calculated support costs equal to
the percentage of the total miles of pipeline operated by the pipeline operator in Minnesota. LNG
facility operators must be assessed on a quarterly basis a portion of the calculated support costs
divided equally between the LNG facilities.
History: 1987 c 353 s 33; 1988 c 624 s 20; 1989 c 244 s 26; 1992 c 386 s 8,9

299J.13 ACCESS TO INFORMATION; CLASSIFICATION OF DATA.
    Subdivision 1. Duty to provide information. A person who the director has reason
to believe is responsible for an emergency release shall, when requested by the office or an
authorized agent of the office, furnish to the director any information that the person may have or
may reasonably obtain that is relevant to the emergency release.
    Subd. 2. Access to information and property. The director or an authorized agent, upon
presentation of credentials, may:
(1) examine and copy any books, papers, records, memoranda, or data of any person who has
a duty to provide information under subdivision 1; and
(2) enter upon any property, public or private, for the purpose of taking any action authorized
by sections 299J.01 to 299J.17, including obtaining information from any person who has a duty
to provide the information under subdivision 1 and conducting surveys or investigations.
    Subd. 3. Classification of data. Except as otherwise provided in this subdivision, data
obtained from any person under subdivision 1 or 2 is public data as defined in section 13.02.
Upon certification by the subject of the data that the data relates to sales figures, processes, or
methods of production unique to that person, or information that would tend to affect adversely
the competitive position of that person, the director shall classify the data as private or nonpublic
data as defined in section 13.02. Notwithstanding any other law to the contrary, data classified as
private or nonpublic under this subdivision may be disclosed when relevant in any proceeding
under sections 299J.01 to 299J.17, or to other public agencies concerned with the implementation
of sections 299J.01 to 299J.17.
    Subd. 4. Recovery of expenses. Reasonable and necessary expenses incurred by the director
under this section, including administrative and legal expenses, may be recovered from a person
who has been found liable under section 299J.07, 299J.15, or 299J.16, or any other law relating to
the operation of a pipeline, in a separate action brought by the attorney general or in connection
with an action under section 299J.16. The director's certification of expenses is prima facie
evidence that the expenses are reasonable and necessary.
History: 1987 c 353 s 34

299J.14 LINE MARKERS; VANDALISM PENALTY.
    Subdivision 1. Line markers required. A pipeline operator shall place and maintain line
markers over each pipeline as required by Code of Federal Regulations, title 49, parts 192.707
and 195.410.
    Subd. 2. Vandalism prohibited; misdemeanor. A person may not deface, mar, damage,
remove, injure, displace, destroy, or tamper with any sign or line marker marking the location of a
pipeline. A person violating this subdivision is guilty of a misdemeanor.
History: 1987 c 353 s 35

299J.15 DISPOSAL OF PIPELINE; PENALTY; ENFORCEMENT.
    Subdivision 1. Disposal prohibited. (a) After an emergency release has occurred, a pipeline
operator, or its employee or agent, may not dispose of, destroy, or alter the part of a pipeline
or LNG facility that was involved in the emergency release until approval is granted by the
commissioner. The authority of the commissioner to grant approval may not be delegated.
(b) This subdivision does not prevent the repair of a pipeline in the ground without the
approval of the commissioner, or the excavation and removal from the ground of a pipeline or part
of a pipeline without the approval of the commissioner. However, the pipeline may not be altered
with the intent to prevent or hinder a determination of the cause of the emergency release.
    Subd. 2. Felony. A person who knowingly violates subdivision 1, or who denies the director
or the director's designee access to the pipeline or LNG facility for the purposes of inspection,
is guilty of a felony and may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both.
History: 1987 c 353 s 36; 1992 c 386 s 10

299J.16 CIVIL PENALTY; INJUNCTIVE RELIEF.
    Subdivision 1. Civil penalty. (a) A pipeline operator who violates section 299J.07,
subdivision 1 , or 299J.15, or the rules of the commissioner implementing those sections, shall
forfeit and pay to the state a civil penalty in an amount to be determined by the court, up to
$10,000 for each day that the operator remains in violation, subject to a maximum of $500,000 for
a related series of violations.
(b) The penalty provided under this subdivision may be recovered by an action brought by
the attorney general at the request of the commissioner, in the name of the state, in connection
with an action to recover expenses of the director under section 299J.13, subdivision 4:
(1) in the District Court of Ramsey County; or
(2) in the county of the defendant's residence.
    Subd. 2. Action to compel performance; injunctive relief. A person who fails to perform
an act required by section 299J.13 or 299J.15, or the rules of the commissioner implementing
those sections, may be compelled to do so by an action in district court brought by the attorney
general at the request of the commissioner, in the name of the state.
History: 1987 c 353 s 37; 1989 c 244 s 27

299J.17 OTHER REMEDIES PRESERVED.
Sections 299J.01 to 299J.17 do not abolish or diminish the right of a person to bring a legal
action or use a remedy available under any other provision of state or federal law, including
common law, to recover for personal injury, disease, economic loss, or other costs arising out of
a release.
History: 1987 c 353 s 38

299J.18 PIPELINE SAFETY ACCOUNT.
The pipeline safety account is established as an account in the state treasury. All fees and
penalties collected under sections 299J.01 to 299J.17 shall be deposited in the state treasury
and credited to the pipeline safety account.
Money received by the office in the form of gifts, grants, reimbursements, or appropriations
from any source shall be credited to the pipeline safety account.
History: 1987 c 353 s 39