Minn. Stat. § 326B.198 — MN Code / Part 324_342 / Chapter 326B / Section 326B.198
§ 326B.198 UNDERGROUND TELECOMMUNICATIONS INFRASTRUCTURE.
Status: in_force

§ Subdivision 1. Definitions. For the purposes of this section: (1) "directional drilling" means a drilling method that utilizes a steerable drill bit to cut a bore hole for installing underground utilities; (2) "safety-qualified underground telecommunications installer" means a person who has completed underground utilities installation certification under subdivision 3; (3) "underground telecommunications utilities" means buried broadband, telephone and other telecommunications transmission, distribution and service lines, and associated facilities; and (4) "underground utilities" means buried electric transmission and distribution lines, gas and hazardous liquids pipelines and distribution lines, sewer and water pipelines, telephone or telecommunications lines, and associated facilities.

§ Subd. 2. Installation requirements. (a) The installation of underground telecommunications infrastructure that is located within ten feet of existing underground utilities or that crosses the existing underground utilities must be performed by safety-qualified underground telecommunications installers as follows: (1) the location of existing utilities by hand- or hydro-excavation or other accepted methods must be performed by a safety-qualified underground telecommunications installer; and (2) where telecommunications infrastructure is installed by means of directional drilling, the monitoring of the location and depth of the drill head must be performed by a safety-qualified underground telecommunications installer. (b) Beginning January 1, 2026, all installations of underground telecommunications infrastructure subject to this subdivision within this state must be performed by safety-qualified underground telecommunications installers that meet the requirements of this subdivision.

§ Subd. 3. Certification Standards. (a) The commissioner of labor and industry, in consultation with the Office of Broadband, shall approve standards for a safety-qualified underground telecommunications installer certification program that requires a person to: (1) complete a 40-hour initial course that includes classroom and hands-on instruction covering proper work procedures for safe installation of underground utilities, including: (i) regulations applicable to excavation near existing utilities; (ii) identification, location, and verification of utility lines using hand- or hydro-excavation or other accepted methods; (iii) response to line strike incidents; (iv) traffic control procedures; (v) use of a tracking device to safely guide directional drill equipment along a drill path; and (vi) avoidance and mitigation of safety hazards posed by underground utility installation projects; (2) demonstrate knowledge of the course material by successfully completing an examination approved by the commissioner; and (3) complete a four-hour refresher course within three years of completing the original course and every three years thereafter in order to maintain certification. (b) The commissioner must develop an approval process for training providers under this subdivision and may suspend or revoke the approval of any training provider that fails to demonstrate consistent delivery of approved curriculum or success in preparing participants to complete the examination. (c) An approved training provider may apply for approval of classroom instruction course material delivered up to two years prior to becoming an approved training provider and before January 1, 2026, as being equivalent or substantially equivalent to classroom instruction course material that is contained in the approved program. An application must provide a copy of all written materials used for the training for which equivalent credit is sought, the specific subjects covered in the training, the name and qualifications of the training provider, a description of the delivery method for the training, and the date of the training. Once approved, a training provider may grant full or partial retroactive credit for completion of classroom instruction training delivered prior to the commissioner's decision to approve a program. A person granted retroactive credit must successfully complete the examination that the training provider is approved to administer in order to be certified as a safety-qualified underground telecommunications installer.