reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216F — Wind Energy Conversion Systems › Section 216F.04 — Site Permit.

216F.04 SITE PERMIT.
(a) No person may construct an LWECS without a site permit issued by the Public Utilities Commission.
(b) Any person seeking to construct an LWECS shall submit an application to the commission for a site permit in accordance with this chapter and any rules adopted by the commission. The permitted site need not be contiguous land.
(c) The commission shall make a final decision on an application for a site permit for an LWECS within 180 days after acceptance of a complete application by the commission. The commission may extend this deadline for cause.
(d) The commission may place conditions in a permit and may deny, modify, suspend, or revoke a permit.
(e) The commission must require as a condition of permit issuance, including issuance of a modified permit for a repowering project, as defined in section 216B.243, subdivision 8, paragraph (b), that the recipient of a site permit to construct an LWECS with a nameplate capacity above 25,000 kilowatts, including all of the permit recipient's construction contractors and subcontractors on the project: (1) pay no less than the prevailing wage rate, as defined in section 177.42; and (2) be subject to the requirements and enforcement provisions under sections 177.27, 177.30, 177.32, 177.41 to 177.435, and 177.45.
History:
1995 c 203 s 4; 2005 c 97 art 3 s 19; 2023 c 7 s 30
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216F — Wind Energy Conversion Systems › Section 216F.05 — Rules.

216F.05 RULES.
The commission shall adopt rules governing the consideration of an application for a site permit for an LWECS that address the following:
(1) criteria that the commission shall use to designate LWECS sites, which must include the impact of LWECS on humans and the environment;
(2) procedures that the commission will follow in acting on an application for an LWECS;
(3) procedures for notification to the public of the application and for the conduct of a public information meeting and a public hearing on the proposed LWECS;
(4) requirements for environmental review of the LWECS;
(5) conditions in the site permit for turbine type and designs; site layout and construction; and operation and maintenance of the LWECS, including the requirement to restore, to the extent possible, the area affected by construction of the LWECS to the natural conditions that existed immediately before construction of the LWECS;
(6) revocation or suspension of a site permit when violations of the permit or other requirements occur; and
(7) payment of fees for the necessary and reasonable costs of the commission in acting on a permit application and carrying out the requirements of this chapter.
History:
1995 c 203 s 5; 2005 c 97 art 3 s 19
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216F — Wind Energy Conversion Systems › Section 216F.06 — Model Ordinance.

216F.06 MODEL ORDINANCE.
The commission may assist local governmental units in adopting ordinances and other requirements to regulate the siting, construction, and operation of SWECS, including the development of a model ordinance.
History:
1995 c 203 s 6; 2005 c 97 art 3 s 19
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216F — Wind Energy Conversion Systems › Section 216F.07 — Preemption.

216F.07 PREEMPTION.
A permit under this chapter is the only site approval required for the location of an LWECS. The site permit supersedes and preempts all zoning, building, or land use rules, regulations, or ordinances adopted by regional, county, local, and special purpose governments.
History:
1995 c 203 s 7
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216F — Wind Energy Conversion Systems › Section 216F.08 — Permit Authority; Assumption By Counties.

216F.08 PERMIT AUTHORITY; ASSUMPTION BY COUNTIES.
(a) A county board may, by resolution and upon written notice to the Public Utilities Commission, assume responsibility for processing applications for permits required under this chapter for LWECS with a combined nameplate capacity of less than 25,000 kilowatts. The responsibility for permit application processing, if assumed by a county, may be delegated by the county board to an appropriate county officer or employee. Processing by a county shall be done in accordance with procedures and processes established under chapter 394.
(b) A county board that exercises its option under paragraph (a) may issue, deny, modify, impose conditions upon, or revoke permits pursuant to this section. The action of the county board about a permit application is final, subject to appeal as provided in section 394.27.
(c) The commission shall, by order, establish general permit standards, including appropriate property line set-backs, governing site permits for LWECS under this section. The order must consider existing and historic commission standards for wind permits issued by the commission. The general permit standards shall apply to permits issued by counties and to permits issued by the commission for LWECS with a combined nameplate capacity of less than 25,000 kilowatts. The commission or a county may grant a variance from a general permit standard if the variance is found to be in the public interest.
(d) The commission and the commissioner of commerce shall provide technical assistance to a county with respect to the processing of LWECS site permit applications.
History:
2007 c 136 art 4 s 13
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216F — Wind Energy Conversion Systems › Section 216F.081 — Application Of County Standards.

216F.081 APPLICATION OF COUNTY STANDARDS.
A county may adopt by ordinance standards for LWECS that are more stringent than standards in commission rules or in the commission's permit standards. The commission, in considering a permit application for LWECS in a county that has adopted more stringent standards, shall consider and apply those more stringent standards, unless the commission finds good cause not to apply the standards.
History:
2007 c 136 art 4 s 14
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216G — Pipelines › Section 216G.01 — Definitions.

216G.01 DEFINITIONS.
Subdivision 1.
Scope.
As used in this chapter, the terms defined in this section have the meanings given them, unless otherwise provided or indicated by the context.
Subd. 2.
Construction.
"Construction" means any clearing of land, excavation, or other action that would adversely affect the natural environment of a pipeline route but does not include changes needed for temporary use of a route for purposes other than installation of a pipeline, for securing survey or geological data, for the repair or replacement of an existing pipeline within the existing right-of-way, or for the minor relocation of less than three-quarters of a mile of an existing pipeline.
Subd. 3.
Pipeline.
"Pipeline" means a pipeline located in this state which is used to transport natural or synthetic gas at a pressure of more than 90 pounds per square inch, or to transport crude petroleum or petroleum fuels or oil or their derivatives, coal, anhydrous ammonia or any mineral slurry to a distribution center or storage facility which is located within or outside of this state. "Pipeline" does not include a pipeline owned or operated by a natural gas public utility as defined in section 216B.02, subdivision 4.
Subd. 4.
Cultivated agricultural land.
"Cultivated agricultural land" means land which is used to raise agricultural crops, is capable of use for that purpose or is plowed, fallow or contains harvested crop residue or is pasture land.
History:
1979 c 194 s 1; 1980 c 440 s 1; 1980 c 533 s 1; 1989 c 244 s 1
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216G — Pipelines › Section 216G.04 — Information Book.

216G.04 INFORMATION BOOK.
(a) Within 45 days after receiving the notification and fee required by section 216G.03, the Public Utilities Commission shall prepare and make available to the person proposing to construct the pipeline sufficient copies of an information book for owners and lessees of property along the pipeline route. The commission may allow the person proposing the pipeline to prepare the book at that person's own expense subject to approval of the book by the commission.
(b) The information book shall contain at least the following information:
(1) a description of the pipeline proposed for construction, including the proposed route, types of commodities to be carried, size of the line and construction and operational characteristics;
(2) explanation of the steps which must be taken to acquire right-of-way for the pipeline and of the rights and alternatives of the owner;
(3) explanation of the legal requirements that must be met in constructing the pipeline; and
(4) explanation of the county inspection procedure and instructions for contacting the inspector in the event of noncompliance with legal requirements.
(c) Within 45 days after receiving notification of a change in a proposed route, the commission shall prepare and make available or shall approve a revision of the original information book so that a description of the new route and any other required information relevant to the new route is incorporated in the book.
History:
1979 c 194 s 3; 1986 c 444; 2005 c 97 art 3 s 19
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216G — Pipelines › Section 216G.05 — Public Meetings Required.

216G.05 PUBLIC MEETINGS REQUIRED.
(a) Within 60 days of receiving notification as provided in section 216G.03, the county board of each county in which the pipeline route is proposed to be located shall hold a public meeting as provided in this section. If a county board receives a required notification of a change in the proposed pipeline route in that county, the board shall hold an additional public meeting as provided in this section within 30 days after receiving that notification. The purpose of a public meeting held pursuant to this section shall be to provide information to the public concerning:
(1) the pipeline proposed for construction, including the proposed route, the size of the pipeline, types of commodities to be carried and construction and operating characteristics; and
(2) the legal requirements which must be met in acquiring easements and in constructing and operating the pipeline.
(b) Notice and agenda of the public meeting shall be given by the county board at least ten days but no earlier than 45 days before the meetings. Notice shall be by publication in a legal newspaper of the county and a newspaper of general circulation in the area in which the public meeting is to be held and written notice to the clerk of each town and incorporated municipality in the county.
(c) State agencies authorized to issue permits required for construction or operation of the pipeline shall participate in the public meetings in each county. The agencies shall explain the procedures for issuing the permits and the manner in which the public may participate in those procedures.
History:
1979 c 194 s 4
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216G — Pipelines › Section 216G.06 — Interstate Gas Pipelines Exempt Under Federal Law.

216G.06 INTERSTATE GAS PIPELINES EXEMPT UNDER FEDERAL LAW.
Any person that proposes to construct or operate an interstate natural gas pipeline and that has power to acquire an easement or right-of-way agreement for that pipeline by an action in eminent domain under the authority of the federal Natural Gas Act, United States Code, title 15, chapter 15B, shall not be required to comply with the provisions of sections 216G.02 to 216G.05 as a condition of acquiring the easement, right-of-way, or route.
History:
1979 c 194 s 5; 1989 c 244 s 2
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216G — Pipelines › Section 216G.08 — Limitation Of Liability.

216G.08 LIMITATION OF LIABILITY.
Subdivision 1.
General rule.
Any owner or lessee of any real property or any person acting with the authority of that owner or lessee who, in the ordinary conduct of agricultural operations upon that property, causes any injury to any underground pipeline, shall not be liable for any of the direct or incidental costs of repairing, restoring or replacing the pipeline in the absence of a showing of gross negligence or willful or wanton misconduct.
"Ordinary conduct of agricultural operations," as that term is used in this subdivision, does not include well drilling or other excavation but includes the installation or repair of agricultural drainage tile subject to the provisions of subdivision 2.
Subd. 2.
Notice requirement.
A person who installs or repairs agricultural drainage tile shall be relieved of liability as provided in subdivision 1 only if that person gives oral or written notice to the one call excavation notice system in compliance with section 216D.04.
History:
1979 c 194 s 7; 1986 c 444; 1993 c 341 art 1 s 19
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216G — Pipelines › Section 216G.09 — Reversion Of Easements.

216G.09 REVERSION OF EASEMENTS.
Notwithstanding any law to the contrary, all easement interests acquired after May 26, 1979 for the purpose of constructing and operating a pipeline shall revert to the then fee owner if the pipeline ceases operation for a period of five years.
History:
1979 c 194 s 8
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216G — Pipelines › Section 216G.10 — Recording Of Survey Points.

216G.10 RECORDING OF SURVEY POINTS.
The permanent location of monuments or markers found or placed in a survey of right-of-way for a pipeline route shall be placed on record in the office of the county recorder or registrar of titles by the owner of the pipeline. No fee shall be charged for recording this information.
History:
1979 c 194 s 9
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216G — Pipelines › Section 216G.11 — Severability.

216G.11 SEVERABILITY.
If any provision of this chapter is found to be unconstitutional and void with respect to pipelines transporting one or more of the substances enumerated in section 216G.01, subdivision 3, the provision shall remain effective with respect to pipelines transporting any of the other enumerated substances. This provision shall supplement any general law on the subject of severability.
History:
1979 c 194 s 10
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216G — Pipelines › Section 216G.12 — Savings Provision.

216G.12 SAVINGS PROVISION.
Sections 216G.03 to 216G.05 shall not apply to a pipeline if, on or before May 26, 1979:
(1) an application for a certificate of need has been filed for the pipeline pursuant to section 216B.243 and easements have been acquired for at least 85 percent of the length of the proposed pipeline right-of-way; or
(2) an environmental impact statement has been prepared, pursuant to chapter 116D concerning the construction of the pipeline and the Public Utilities Commission has determined that the statement is adequate under that chapter.
History:
1979 c 194 s 11; 1981 c 356 s 248; 1983 c 289 s 115 subd 2; 1984 c 558 art 4 s 10; 2005 c 97 art 3 s 19
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216H — Greenhouse Gas Emissions › Section 216H.01 — Definitions.

216H.01 DEFINITIONS.
Subdivision 1.
Scope.
For the purpose of this chapter, the terms defined in this section have the meanings given them.
Subd. 1a.
Cogeneration facility or combined heat and power facility.
"Cogeneration facility" or "combined heat and power facility" means a facility that:
(1) has the meaning given in United States Code, title 16, section 796, clause (18), paragraph (A); and
(2) meets the applicable operating and efficiency standards contained in Code of Federal Regulations, title 18, part 292.205.
Subd. 2.
Statewide greenhouse gas emissions.
"Statewide greenhouse gas emissions" include emissions of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride emitted by anthropogenic sources within the state and from the generation of electricity imported from outside the state and consumed in Minnesota. Carbon dioxide that is injected into geological formations to prevent its release to the atmosphere in compliance with applicable laws, and carbon dioxide associated with the combustion of fuels other than coal, petroleum, and natural gas are not counted as contributing to statewide greenhouse gas emissions.
History:
2007 c 136 art 5 s 1; 2016 c 189 art 6 s 11
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216H — Greenhouse Gas Emissions › Section 216H.06 — Emissions Consideration In Resource Planning.

216H.06 EMISSIONS CONSIDERATION IN RESOURCE PLANNING.
By January 1, 2008, the Public Utilities Commission shall establish an estimate of the likely range of costs of future carbon dioxide regulation on electricity generation. The estimate, which may be made in a commission order, must be used in all electricity generation resource acquisition proceedings. The estimates, and annual updates, must be made following informal proceedings conducted by the commissioners of commerce and pollution control that allow interested parties to submit comments.
History:
2007 c 136 art 5 s 4
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216H — Greenhouse Gas Emissions › Section 216H.07 — Emissions-reduction Attainment; Policy Development Process.

216H.07 EMISSIONS-REDUCTION ATTAINMENT; POLICY DEVELOPMENT PROCESS.
Subdivision 1.
Definition.
For the purpose of this section, "reductions" means the greenhouse gas emissions-reductions goals specified in section 216H.02, subdivision 1.
Subd. 2.
Purpose.
This section is intended to create a nonexclusive, regular, mandated process for the state to develop policies to attain the greenhouse gas reduction goals specified in section 216H.02.
Subd. 3.
Biennial report.
(a) By January 15 of each odd-numbered year, the commissioners of commerce and the Pollution Control Agency shall jointly report to the chairs and ranking minority members of the legislative committees with primary policy jurisdiction over energy and environmental issues the most recent and best available evidence identifying the level of reductions already achieved and the level necessary to achieve the reductions timetable in section 216H.02.
(b) The report must be in easily understood nontechnical terms.
Subd. 4.
[Repealed, 2012 c 272 s 98]
Subd. 5.
Reduction principles.
Legislation proposed under subdivision 4 must be based on the following principles:
(1) the greenhouse gas emissions-reduction goals specified in section 216H.02, subdivision 1, must be attained;
(2) the reductions must be attained on a schedule that keeps pace with the reduction timetable required by section 216H.02, subdivision 1;
(3) conservation, including ceasing some activities, doing some activities less, and doing some activities more energy efficiently, is the first choice for reduction;
(4) public education is a key component;
(5) all levels of government should lead by example;
(6) strategies that may lead to economic dislocation should be phased in and should be coupled with strategies that address the dislocation; and
(7) there must be coordination with other federal and regional greenhouse gas emissions-reduction requirements so that the state benefits and is not penalized from its reduction activities.
History:
2008 c 296 art 1 s 20; 2009 c 86 art 1 s 33; 2012 c 272 s 80
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216H — Greenhouse Gas Emissions › Section 216H.10 — Definitions.

216H.10 DEFINITIONS.
Subdivision 1.
Applicability.
For purposes of sections 216H.10 to 216H.13, the following terms have the meanings given.
Subd. 2.
Agency.
"Agency" means the Pollution Control Agency.
Subd. 3.
Carbon dioxide equivalent.
"Carbon dioxide equivalent" means the quantity of carbon dioxide that has the same global warming potential as a given amount of another greenhouse gas.
Subd. 4.
Commissioner.
"Commissioner" means the commissioner of the Pollution Control Agency.
Subd. 5.
Global warming.
"Global warming" means the observed and predicted increase in the temperature of the atmosphere near the earth's surface and the oceans.
Subd. 6.
Global warming potential or GWP.
"Global warming potential" or "GWP" means a quantitative measure of the potential of an emission of a greenhouse gas to contribute to global warming over a 100-year period expressed in terms of the equivalent emission of carbon dioxide needed to produce the same 100-year warming effect, as reported in Fourth Assessment Report: Climate Change 2007, Intergovernmental Panel on Climate Change.
Subd. 7.
High-GWP greenhouse gas.
"High-GWP greenhouse gas" means hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, nitrous trifluoride, and any other gas the agency determines by rule to have a high global warming potential.
Subd. 8.
Mobile air conditioner.
"Mobile air conditioner" means mechanical vapor compression refrigeration equipment used to cool the passenger compartment of a motor vehicle.
Subd. 9.
Motor vehicle.
"Motor vehicle" has the meaning given in section 168.002, subdivision 18.
Subd. 10.
New motor vehicle.
"New motor vehicle" has the meaning given in section 80E.03, subdivision 7.
Subd. 11.
Refrigerant.
"Refrigerant" means a substance used, sold for use, or designed and intended for use in a mobile air conditioner to transfer heat out of the space being cooled.
History:
2008 c 296 art 1 s 21; 2009 c 37 art 1 s 55
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216H — Greenhouse Gas Emissions › Section 216H.11 — High-gwp Greenhouse Gas Reporting.

216H.11 HIGH-GWP GREENHOUSE GAS REPORTING.
Subdivision 1.
Gas manufacturers.
By October 1 each year, a manufacturer of a high-GWP greenhouse gas must report to the agency the total amount of each high-GWP greenhouse gas sold to a purchaser in this state during the previous year.
Subd. 2.
Purchases.
By October 1 each year, a person who purchases 10,000 metric tons or more carbon dioxide equivalent of a high-GWP greenhouse gas for use or retail sale in this state must report to the agency, on a form prescribed by the commissioner, the total amount of each high-GWP greenhouse gas purchased for use or retail sale in this state during the previous year and the purpose for which the gas was used. The commissioner may adopt rules under chapter 14 to establish a different reporting threshold or to adopt specific reporting requirements for commercial or industrial facilities that purchase high-GWP gases for use or retail sale in this state.
Subd. 3.
Acceptance of federal filing.
With the approval of the commissioner, this section may be satisfied by filing with the commissioner a copy of a greenhouse gas emissions report filed with a federal agency or a regional or national greenhouse gas registry, provided that the entity with which the report is filed requires the emissions data to be verified.
History:
2008 c 296 art 1 s 22; 2009 c 37 art 1 s 56
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216H — Greenhouse Gas Emissions › Section 216H.12 — Mobile Air Conditioner Leakage Rates; Disclosure.

216H.12 MOBILE AIR CONDITIONER LEAKAGE RATES; DISCLOSURE.
Subdivision 1.
Leakage disclosure.
Beginning January 1, 2009, a manufacturer selling or offering for sale a new motor vehicle in this state containing a mobile air conditioner that uses the high-GWP greenhouse gas HFC-134a (1,1,1,2-tetrafluoroethane) as a refrigerant must, 90 days prior to the initial sale or offer for sale, report to the commissioner the leakage rate, in grams of refrigerant per year, for the type of mobile air conditioner contained in that make, model, and model year. The leakage rate must be calculated using the information provided in the most recently published version of the SAE International document J2727, "HFC-134a Mobile Air Conditioning System Emission Chart." The method by which the leakage rate is calculated, accounting for each component of the air conditioning unit, must also be reported to the commissioner.
Subd. 2.
Posting.
Beginning January 1, 2009, the agency and the Office of the Attorney General must post on their websites:
(1) the leakage rate disclosed by a manufacturer under subdivision 1 for each model and make of new motor vehicle sold or offered for sale in this state; and
(2) the following statement: "Vehicle air conditioning systems may leak refrigerants. Information provided in the chart compares the potential global warming effects of refrigerant leakage from different makes and models of vehicles."
History:
2008 c 296 art 1 s 23
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 218 — Common Carriers, Rail Transportation › Section 218.011 — Definitions.

218.011 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of this chapter and chapters 219 and 222, the terms defined in this section have the meanings given them.
Subd. 2.
[Renumbered subd 10]
Subd. 3.
[Renumbered subd 12]
Subd. 4.
[Renumbered subd 13]
Subd. 5.
[Renumbered subd 11]
Subd. 6.
[Renumbered subd 9]
Subd. 7.
[Repealed, 1999 c 86 art 1 s 83]
Subd. 8.
Commission.
"Commission" means the Midwest Interstate Passenger Rail Compact Commission.
Subd. 9.
Commissioner.
"Commissioner" means the commissioner of the Department of Transportation.
Subd. 10.
Common carrier.
"Common carrier" shall mean railroad companies, except private railroads; express companies; and persons, natural or artificial, engaged in rail transportation as common carriers for hire.
Subd. 11.
Department.
"Department" means the Department of Transportation.
Subd. 12.
Railroad.
"Railroad" shall include all railways, bridges, car floats, lighters and ferries used by or operated in connection with any railroad; and also all the road in use by any common carrier operating a railroad, whether owned or operated under a contract, agreement or lease; and also all switches, spurs, tracks, terminals and terminal facilities of every kind used or necessary in the transportation of the persons or property designated herein, including all freight depots, yards and grounds, used or necessary in the transportation or delivery of any such property.
Subd. 13.
Transportation.
"Transportation" shall include locomotives, steam, diesel or electric powered engines, cars and other vehicles, vessels and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof, and all services in connection with the receipt, delivery, elevation and transfer in transit, ventilation, refrigeration, or icing, storage and handling of property transported.
History:
Ex1957 c 10 s 1; 1976 c 166 s 14; 1980 c 460 s 3; 1980 c 534 s 18; 1998 c 403 s 29; 2000 c 459 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 218 — Common Carriers, Rail Transportation › Section 218.025 — Rates For Shipping Road Materials.

218.025 RATES FOR SHIPPING ROAD MATERIALS.
The commissioner may make schedules of intrastate rates for railroads for the transportation of sand, gravel, crushed rock, and other materials to be used in the construction or maintenance of public roads and streets by or under the direction of public authorities, which rates may be lower than those charged for transporting the same kind of freight for all other purposes.
History:
1957 c 943 s 27; 1971 c 25 s 67; 1976 c 166 s 16; 1980 c 534 s 20; 1998 c 403 s 29
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 218 — Common Carriers, Rail Transportation › Section 218.031 — Common Carrier, Duties.

218.031 COMMON CARRIER, DUTIES.
Subdivision 1.
[Repealed, 2014 c 227 art 1 s 23]
Subd. 2.
Information furnished commissioner.
Every common carrier shall furnish to the commissioner a report of accidents, wrecks, and casualties occurring in this state in a manner and form and at the times prescribed by the commissioner. All such reports administered by the Department of Public Safety must be received and administered in accordance with section 169.09, subdivision 13. All other reports are open to public inspection but are not admissible in evidence in any suit or action for damages growing out of such accident, wreck, or casualty.
Subd. 3.
[Repealed, 2014 c 227 art 1 s 23]
Subd. 4.
[Repealed, 2014 c 227 art 1 s 23]
Subd. 5.
[Repealed, 2014 c 227 art 1 s 23]
Subd. 6.
[Repealed, 2014 c 227 art 1 s 23]
Subd. 7.
[Repealed, 2014 c 227 art 1 s 23]
Subd. 8.
[Repealed, 2014 c 227 art 1 s 23]
Subd. 9.
[Repealed, 2014 c 227 art 1 s 23]
Subd. 10.
[Repealed, 2014 c 227 art 1 s 23]
History:
Ex1957 c 10 s 3; 1971 c 25 s 67; 1971 c 160 s 1; 1975 c 313 s 1; 1976 c 166 s 17; 1980 c 534 s 21-24; 1Sp1981 c 4 art 2 s 17; 1982 c 561 s 6; 1983 c 77 s 1; 1985 c 248 s 70; 1986 c 444; 1998 c 403 s 29; 2001 c 213 s 21
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 218 — Common Carriers, Rail Transportation › Section 218.071 — Offenses And Penalties.

218.071 OFFENSES AND PENALTIES.
Subdivision 1.
Authority; rules, orders, and directives.
The commissioner may promulgate rules, orders, and directives necessary to carry out the respective duties conferred on them by this chapter. The rules, orders, and directives may not be contrary to United States Code, title 49, sections 10101 to 11917. Every duly adopted rule, order, or directive of the commissioner shall have the full force and effect of law.
Subd. 2.
Violations generally; penalty.
Unless a different penalty or punishment is specifically prescribed, any person, firm, or corporation who performs any unlawful act, or fails to perform any duty imposed by this chapter, or to obey any valid and final order, rule, or directive of the commissioner, or who assists and aids therein, shall be guilty of a misdemeanor, and, if the violation be a continuing one, shall be guilty of a new offense for each day of such continuance, and for each offense shall be punished by a fine of one hundred dollars ($100).
Subd. 3.
Discriminatory practices; penalty.
Any common carrier, willfully granting any special rate, rebate, drawback, or directly or indirectly charging, demanding or collecting a greater or less compensation than provided by its regular established schedule of rates and charges, shall be punished by a fine not exceeding $10,000 for each such offense.
Subd. 4.
Failure to comply; penalty.
Any common carrier failing to comply with any order of the commissioner shall be subject to a penalty of fifty dollars ($50) for each and every day of such failure to comply, to be recovered for the state in a civil action by the commissioner.
History:
Ex1957 c 10 s 7; 1971 c 25 s 67; 1976 c 166 s 19; 1980 c 534 s 26; 1982 c 561 s 9; 1983 c 77 s 3; 1984 c 628 art 3 s 11; 1986 c 444; 1998 c 403 s 29
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.01 — Track Safety Standards; Safety Technology Grants.

219.01 TRACK SAFETY STANDARDS; SAFETY TECHNOLOGY GRANTS.
(a) The track safety standards of the United States Department of Transportation and Federal Railroad Administration apply to railroad trackage and are the standards for the determination of unsafe trackage within the state.
(b) The commissioner of transportation shall apply to the Federal Railroad Administration under Public Law 110-432, the Rail Safety Improvement Act of 2008 (the act), for (1) railroad safety technology grant funding available under section 105 of the act and (2) development and installation of rail safety technology, including provision for switch position indicator signals in nonsignalized main track territory, under section 406 of the act. The commissioner shall respond and make application to the Federal Railroad Administration notice of funds availability under the Rail Safety Improvement Act in a timely manner and before the date of the program deadline to assure full consideration of the application. The commissioner shall (i) prioritize grant requests for the installation of switch indicator signals on all segments of nonsignalized track where posted speeds are in excess of 20 miles per hour and (ii) apply for grant funding in each year after 2010 until all nonsignalized track territory in the state has switch indicator signals installed and in operation.
(c) Prior to applying for funds under paragraph (b), the commissioner shall solicit grant requests from all eligible railroads. The commissioner shall submit written notice to the chairs of the legislative committees with jurisdiction over transportation policy and finance of an acceptance by a class I or class II railroad of federal grant program funding for switch point indicator monitor systems.
(d) Participating railroads shall provide the 20 percent nonfederal match. Railroads shall provide all technical documentation requested by the commissioner and required by the Federal Railroad Administration for the applications under paragraph (b). Railroads are responsible for developing, acquiring, and installing all rail safety technology obtained under this section in accordance with requirements established by the Federal Railroad Administration.
History:
(4728) RL s 1992; 1980 c 460 s 7; 1985 c 265 art 4 s 1; 2010 c 351 s 54; 2011 c 76 art 1 s 34
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.06 — Signs At Crossings.

219.06 SIGNS AT CROSSINGS.
A railroad company shall maintain, wherever its lines cross a public road, a proper and conspicuous sign indicating the crossing. A railroad company failing to comply with this section shall forfeit to the town or municipality having charge of the road $10 for each day the failure continues.
History:
(4733) RL s 1994; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.072 — Establishment Of New Grade Crossings.

219.072 ESTABLISHMENT OF NEW GRADE CROSSINGS.
The establishment of all new grade crossings must be approved by the commissioner. When establishment of a new grade crossing is desired, either by the public officials having the necessary authority or by the railroad company, and the public officials and the railroad company cannot agree as to need, location, or type of warning devices required, either party may file a petition with the commissioner setting forth the facts and submitting the matter for determination. The commissioner, after notice as the commissioner deems reasonable, shall conduct a hearing and issue an order determining the matters submitted. If the commissioner approves the establishment of a new grade crossing, the commissioner may in the same order direct that the costs, including the costs of the type of warning devices required, be divided between the railroad company and the public authority involved as the parties may agree, or, if they fail to agree, then as determined by the commissioner on the basis of benefit to the users of each. However, the commissioner may defer determination of the division of costs to a subsequent order to be made on the basis of evidence previously taken.
History:
1980 c 460 s 9; 1985 c 265 art 4 s 1; 1986 c 444; 1989 c 299 s 4
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.073 — Commissioner's Rules On Grade Crossings.

219.073 COMMISSIONER'S RULES ON GRADE CROSSINGS.
In accordance with chapter 14, the commissioner of transportation shall adopt rules that contain standards governing the establishment, vacation, relocation, consolidation, and separation of grades at public grade crossings. In adopting standards, the commissioner shall consider that the number of grade crossings in this state should be reduced and that public safety will be enhanced by reducing the number of grade crossings.
History:
1990 c 468 s 4; 2023 c 25 s 106
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.074 — Grade Crossing Change, Vacation.

219.074 GRADE CROSSING CHANGE, VACATION.
Subdivision 1.
Agreement; hearing.
Public officials having the necessary authority and a railway company operating the railroad may agree to the vacation, relocation, consolidation, or separation of grades at grade crossings. If agreement cannot be reached concerning the location, manner of construction, or a reasonable division of expense, either party may file a petition with the commissioner, setting forth the facts and submitting the matter to it for determination. The commissioner shall then conduct a hearing under chapter 14 and shall apply the rules developed under section 219.073 in coming to a determination. The commissioner may also bring matters concerning vacation, relocation, consolidation, or separation of grades at public grade crossings to the commissioner for determination. If the commissioner determines that the vacation, relocation, consolidation, or separation is consistent with the standards adopted under section 219.073, the commissioner may order the crossing vacated, relocated, consolidated, or separated.
Subd. 2.
Crossing vacation program.
As necessary, the commissioner shall develop a list of grade crossings proposed to be vacated. The list must be developed by applying the standards set forth in the rules adopted under section 219.073. Grade crossings that are part of an abandonment, closing, or removal may not be included in the list. The commissioner shall notify the public officials having the necessary authority and the railway companies operating the railroads of the proposed vacations. Either affected party may request a hearing. If requested, the commissioner shall hold a contested case hearing applying in the commissioner's determination the rules developed under section 219.073. If after the hearing the commissioner determines that the vacation is consistent with the standards adopted under section 219.073, the commissioner may order the crossing vacated. If a request for a hearing on a particular crossing is not received within 30 days of the publication in the State Register, the commissioner shall order the crossing vacated.
Subd. 3.
Crossing inventory.
The commissioner shall complete an inventory of all public and private grade crossings in the state and shall annually revise the inventory to reflect grade crossing changes made under this section.
History:
1986 c 444; 1990 c 468 s 5; 1991 c 298 art 2 s 5; 1998 c 403 s 29; 1999 c 86 art 1 s 47; 2001 c 213 s 25; 2022 c 55 art 1 s 111,112
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.08 — Crossings; Changing Grade Of Approaches.

219.08 CROSSINGS; CHANGING GRADE OF APPROACHES.
When a railroad company changes or raises the grade of its tracks at a crossing, it shall also grade the approaches on each side so as to make the approach and crossing of the tracks safe for vehicles.
History:
(4735) 1911 c 329 s 1; 1980 c 460 s 10; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.09 — Multiple Tracks Across Road; Railroad Duty.

219.09 MULTIPLE TRACKS ACROSS ROAD; RAILROAD DUTY.
When a railroad company has more than one track crossing a highway, it is unlawful to raise or maintain one track at a higher grade than the other tracks; and the company shall raise or lower such tracks to about the same level so as not to endanger the safe passage of teams and other vehicles over the tracks at those crossings.
History:
(4736) 1911 c 329 s 2; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.10 — Penalty For Violation.

219.10 PENALTY FOR VIOLATION.
Subdivision 1.
Noncompliance, penalty.
A railroad company who refuses or neglects to comply with sections 219.08 and 219.09 within 30 days after being notified in writing to comply by a road authority is guilty of a violation of sections 219.08 and 219.09 and subject to a fine of $50 for each day that the crossing is left unsafe. Each day of violation constitutes a separate offense.
Subd. 2.
Duty of county attorney.
A county attorney may institute court proceedings to collect fines, costs and disbursements on the part of the road authority making the complaint, and $100 attorney's fees for each prosecution.
History:
(4737) 1911 c 329 s 3; 1980 c 460 s 11; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.13 — Farm Crossing.

219.13 FARM CROSSING.
A railroad company constructing a railroad so as to leave parts of a farm on different sides of the road shall construct a proper farm crossing at some place convenient for that farm.
History:
(4740) RL s 1996; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.14 — Railroad Crossing Protected.

219.14 RAILROAD CROSSING PROTECTED.
Subdivision 1.
Investigation.
The commissioner of transportation on the commissioner's own motion may investigate and determine whether a railroad crossing over a street or public highway, that is or will be opened to public travel, is or will be dangerous to life or property. The commissioner may order the crossing protected in any manner the commissioner finds reasonable and proper, including requiring the company to separate the grades.
Subd. 2.
Hearing.
The commissioner shall give the interested railroad company and road authority notice of the investigation as the commissioner deems reasonable, and an opportunity to be heard before an order is made.
History:
(4741, 4742) 1919 c 434 s 1,2; 1921 c 500 s 1; 1971 c 25 s 67; 1976 c 166 s 22; 1980 c 460 s 12; 1980 c 534 s 28; 1985 c 265 art 4 s 1; 1986 c 444; 1998 c 403 s 29
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.16 — Grade Crossing Defined.

219.16 GRADE CROSSING DEFINED.
The term "grade crossing" as used in this chapter means the intersection of a public highway and the tracks of a railroad, however operated, on the same plane or level, except street railways within city limits.
History:
(4743-1) 1925 c 336 s 1; 1973 c 123 art 5 s 7; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.165 — Safety Rules For Private Railroad Grade Crossing.

219.165 SAFETY RULES FOR PRIVATE RAILROAD GRADE CROSSING.
The commissioner shall adopt rules establishing minimum safety standards at all private railroad grade crossings in the state.
History:
1991 c 298 art 2 s 6; 2023 c 25 s 107
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.1651 — Grade Crossing Safety Account.

219.1651 GRADE CROSSING SAFETY ACCOUNT.
A Minnesota grade crossing safety account is created in the special revenue fund, consisting of money credited to the account by law. Money in the account is appropriated to the commissioner of transportation for rail-highway grade crossing safety projects on public streets and highways, including engineering costs and other costs associated with administration and delivery of grade crossing safety projects. At the discretion of the commissioner of transportation, money in the account at the end of each biennium may cancel to the trunk highway fund.
History:
1Sp2005 c 6 art 3 s 85; 2013 c 117 art 3 s 23; 2023 c 68 art 4 s 74
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.166 — Establishment Of Quiet Zones.

219.166 ESTABLISHMENT OF QUIET ZONES.
A county, statutory or home rule charter city, or town may apply to the Federal Railroad Administration for the establishment of a "quiet zone" in which the sounding of horns, whistles, or other audible warnings by locomotives is regulated or prohibited. All quiet zones, regulations, and ordinances adopted under this section must conform to federal law and the regulations of the Federal Railroad Administration under United States Code, title 49, section 20153.
History:
1Sp2001 c 8 art 2 s 59; 1Sp2005 c 6 art 3 s 86
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.17 — Uniform Warning Signs.

219.17 UNIFORM WARNING SIGNS.
The commissioner by rule shall require that uniform warning signs be placed at grade crossings. There are four distinct types of uniform warning signs: a crossbuck sign, for use in the immediate vicinity of the crossing; an advance warning sign, to indicate the approach to a grade crossing; a yield sign with the word "yield" plainly appearing on it; and, when deemed necessary and instead of a yield sign, a stop sign with the word "stop" plainly appearing on it, to indicate that persons on the highway approaching the crossing, whether in vehicles or otherwise, must come to a stop before proceeding over the grade crossing.
History:
(4743-2) 1925 c 336 s 2; 1971 c 25 s 67; 1976 c 166 s 23; 1980 c 460 s 13; 1985 c 265 art 4 s 1; 2013 c 127 s 53
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.18 — Railroad To Erect Sign.

219.18 RAILROAD TO ERECT SIGN.
A railway company operating the railroad at each grade crossing shall erect and maintain one or more uniform crossbuck signs. The signs must be on each side of the railroad tracks and within 50 feet from the nearest rail, or at a distance greater than 50 feet as determined by the commissioner.
History:
(4743-3) 1925 c 336 s 3; 1985 c 265 art 4 s 1; 2013 c 127 s 54; 2023 c 25 s 108
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.19 — Additional Warning Sign.

219.19 ADDITIONAL WARNING SIGN.
At each grade crossing where, because of the conditions surrounding it, the reasonable protection to life and property necessitates placing additional warning signs on the highway farther from the crossing than the home crossing signs, approach warning signs must be installed. The commissioner may designate grade crossings requiring additional signs on either or both sides of the crossing. Upon designating a crossing as requiring additional protection, the commissioner shall notify the road authority having the care of the highway. The road authority, within 30 days after notification, shall furnish and maintain uniform signs in the appropriate places on the highway on either or both sides of the grade crossings.
History:
(4743-4) 1925 c 336 s 4; 1971 c 25 s 67; 1976 c 166 s 24; 1980 c 460 s 14; 1985 c 265 art 4 s 1; 1986 c 444