Utility crossings and paralleling of railroad rights-of-way regulated.

A bill for an act

relating to utilities; regulating utility crossings and paralleling of railroad

rights-of-way; amending Minnesota Statutes 2024, section 237.045, subdivisions

1, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 237.045, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For
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the
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purposes of this section, the following terms have

the meanings given
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them
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.

(b) "Crossing" means a utility facility constructed over, under, or across a railroad

right-of-way. The term does not include longitudinal occupancy of railroad right-of-way.

(c) "Facility" or "utility facility" means any item of personal property placed over, across,

or underground for use in connection with the storage or conveyance of:

(1) water;

(2) sewage;

(3) electronic, telephone, or telegraphic communications;

(4) fiber optics;

(5) cable television;

(6) electric energy;

(7) oil;

(8) natural gas; or

(9) hazardous liquids.

Facility includes
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,
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but is not limited to
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,
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pipes, sewers, conduits, cables, valves, lines, wires,

manholes, and attachments.

(d) "Parallel" or "paralleling" means a utility facility that runs adjacent to and alongside

the lines of a railroad for no more than one mile, or another distance agreed to by the parties,

after which the utility facility crosses the railroad lines, terminates, or exits the railroad

right-of-way.

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(e) "Public right-of-way" has the meaning given in section 237.162, subdivision 3.

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(e)
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(f)
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"Railroad" means any association, corporation, or other entity engaged in operating

a common carrier by rail, or its agents or assigns, including any entity responsible for the

management of crossings or collection of crossing fees.

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(f)
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(g)
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"Utility" means
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a
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cooperative electric association, electric utility, public utility,

transmission company, gas utility, municipal utility, municipal power agency, municipality,

joint action agency, pipeline company, rural water system, or telephone, telegraph,

telecommunications, cable, or fiber optic carrier. Utility includes contractors or agents.

Sec. 2.

Minnesota Statutes 2024, section 237.045, subdivision 3, is amended to read:

Subd. 3.

Right-of-way crossing; application for permission.

(a) Any utility that intends

to place a facility across or upon a railroad right-of-way shall request prior permission from

the railroad.

(b) The request must be in the form of a completed crossing application, including an

engineering design showing the location of the proposed crossing and the railroad's property,

tracks, and wires that the utility will cross. The engineering design must conform with

guidelines published in the most recent edition of the (1) National Electric Safety Code, or

(2) Manual for Railway Engineering of the American Railway Engineering and

Maintenance-of-Way Association. The utility must submit the crossing application on a

form provided or approved by the railroad, if available.

(c) The application must be accompanied by the standard crossing fee specified in

subdivision 6 and evidence of insurance as required in subdivision 7. The utility must send

the application to the railroad by certified mail, with return receipt requested.

(d) Within 15 calendar days of receipt of an application that is not complete, the railroad

must inform the applicant regarding any additional necessary information and submittals.

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(e) The information required under paragraph (d) must be kept current. A railroad must

update the railroad's website regarding any change made to contact information, application

procedures, or application submission addresses within 30 days of the date the change

occurs.

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(f) Within 15 calendar days of the date an incomplete application is received, the railroad

must inform the applicant regarding any additional necessary information and submittals.

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(g) A railroad may require flagging services for utility crossings only when the flagging

service is demonstrably necessary to ensure the safety of railroad operations during

construction or maintenance activities. The railroad must provide written justification for

the flagging requirement, including identifying the specific safety risks and operational

concerns. A flagging fee must be reasonable, must reflect the actual expenses paid to flagging

employees, and may not be used to delay or obstruct utility access.

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