Subdivision 1. Rules. (a) The commissioner may by rule establish additional or more stringent safety standards for the transportation of gas and gas pipeline facilities. Such standards may apply to the design, installation, inspection, testing, construction, extension, operation, replacement, and maintenance of gas pipeline facilities. These standards may include a requirement that individuals responsible for the operation and maintenance of gas pipeline facilities be tested for qualifications and certified to perform these functions. The standards may not prescribe the location or routing of a pipeline facility. Standards affecting the design, installation, construction, initial inspection, and initial testing shall not be applicable to pipeline facilities in existence on the date such standards are adopted. Such safety standards shall be practicable and designed to meet the need for pipeline safety.
(b) In prescribing such standards, the commissioner shall consider:
(1) relevant available pipeline safety data;
(2) whether such standards are appropriate for the particular type of pipeline transportation;
(3) the reasonableness of any proposed standards;
(4) the extent to which any such standards will contribute to public safety; and
(5) the existing standards established by the Secretary of Transportation of the United States pursuant to the federal Natural Gas Pipeline Safety Act.
Provided, however, that the commissioner shall not be empowered to adopt any such standards as to the transportation of gas or to pipeline facilities which are subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act of the United States, Statutes at Large, volume 52, chapter 556, except as provided in sections 299J.01 to 299J.17.
Subd. 1a. Adoption of federal standards. The federal safety standards adopted as Code of Federal Regulations, title 49, parts 191, 192, 193, and 199, and standards that may be adopted that amend parts 191, 192, 193, and 199, are adopted as minimum safety standards.
Subd. 2. [Repealed by amendment, 1989 c 244 s 10]
Subd. 3. Application of Administrative Procedure Act. The rulemaking, contested case, and judicial review provisions of chapter 14 shall apply to all rules and orders establishing, amending, revoking, or waiving compliance with any standard established under sections 299F.56 to 299F.641 or any penalty imposed under sections 299F.56 to 299F.641. The commissioner shall afford interested persons an opportunity to participate fully in the establishment of such safety standards through submission of written data, views, or arguments, with opportunity to present oral testimony and argument.
Subd. 4. Remedial power of commissioner. The commissioner, on finding a particular facility to be hazardous to life or property, shall be empowered to require the person operating such facility to take such steps necessary to remove such hazards.
Subd. 5. Waiver. Upon application by any person engaged in the transportation of gas or the operation of pipeline facilities, the commissioner may, after notice and opportunity for hearing and under such terms and conditions and to such extent as the commissioner deems appropriate, waive in whole or in part compliance with any standards established under sections 299F.56 to 299F.64, on determining that a waiver of compliance with such standard is not inconsistent with gas pipeline safety. The commissioner shall state the reasons for any such waiver.
1969 c 988 s 2; 1971 c 24 s 32; 1982 c 424 s 130; 1986 c 444; 1987 c 353 s 15; 1988 c 624 s 11,12; 1989 c 244 s 10; 1991 c 233 s 95; 2011 c 76 art 1 s 48
Structure Minnesota Statutes
Chapters 299A - 299N — Public Safety
Section 299F.01 — Fire Marshal.
Section 299F.011 — State Fire Code; Administration And Enforcement.
Section 299F.0115 — Exemption For Members Of Federally Recognized Tribes.
Section 299F.012 — Fire Safety Account.
Section 299F.013 — Fuel Dispensing.
Section 299F.014 — Petroleum Storage Tanks; Tank Vehicle Parking.
Section 299F.03 — Special Attorney.
Section 299F.035 — Fire Department Use Of Criminal History Data.
Section 299F.036 — Firefighter; Previous Employment Investigation.
Section 299F.037 — Reporting Firefighter Deaths.
Section 299F.04 — Origin Of Fire Investigated; Computerized Arson Data.
Section 299F.05 — Law Enforcement Powers; Information System.
Section 299F.051 — Arson Training.
Section 299F.052 — Arson Reporting Immunity Law, Citation.
Section 299F.053 — Definitions.
Section 299F.054 — Disclosure Of Information.
Section 299F.055 — Confidential Data; Evidence.
Section 299F.056 — Enforcement.
Section 299F.057 — Applicability Of Ordinances; Concurrent Jurisdiction.
Section 299F.059 — Juvenile Fire Setter Intervention.
Section 299F.06 — Testimonial Powers.
Section 299F.08 — Premises, When Entered.
Section 299F.09 — Building Entered Within Reasonable Hours.
Section 299F.092 — Definitions.
Section 299F.093 — Powers And Duties Of Commissioner.
Section 299F.094 — Report Required; Contents.
Section 299F.095 — Powers And Duties Of Fire Department.
Section 299F.096 — Duty To Safeguard Private Information.
Section 299F.099 — Local Ordinance Preempted.
Section 299F.18 — Combustible Material Removed.
Section 299F.19 — Flammable Liquids And Explosives.
Section 299F.20 — Failure To Comply, Punishment.
Section 299F.28 — Records Are Public, Exceptions.
Section 299F.29 — County And City Attorneys To Assist.
Section 299F.30 — Fire Drill In School; Doors And Exits.
Section 299F.31 — Penalties Paid Into State Treasury.
Section 299F.32 — Statutory Construction.
Section 299F.35 — Statement Of Insured, Use In Civil Action.
Section 299F.3605 — Petroleum Refineries.
Section 299F.362 — Smoke Detector; Installation; Rules; Penalty.
Section 299F.391 — Health Care, Education, Or Lodging Facility.
Section 299F.40 — Liquefied Petroleum Or Industrial Gas Container.
Section 299F.46 — Hotel Inspections.
Section 299F.47 — School Inspections.
Section 299F.48 — Automatic Sprinkler Systems In Existing Public Housing Buildings.
Section 299F.50 — Definitions.
Section 299F.51 — Requirements For Carbon Monoxide Alarms.
Section 299F.56 — Definitions; Natural Gas Pipeline Safety.
Section 299F.57 — Safety Standards; Gas Pipeline.
Section 299F.58 — Certification And Report To Federal Government.
Section 299F.59 — Compliance With Standards.
Section 299F.60 — Pipeline Violation; Rules, Civil Penalties.
Section 299F.61 — Pipeline Violation; Injunctive Relief, Judicial Procedure.
Section 299F.62 — Plan To Operate And Maintain Gas Pipeline.
Section 299F.63 — Records, Reports, Inspections.
Section 299F.631 — Inspection Fee; Assessment, Rules.
Section 299F.64 — Federal Money.
Section 299F.641 — Intrastate Hazardous Liquid Pipeline.
Section 299F.72 — Definitions.
Section 299F.73 — License Required.
Section 299F.74 — Permit Required For Possession Or Use.
Section 299F.75 — Permit Application.
Section 299F.76 — Affirmation And Identification; Effective Period.
Section 299F.77 — Issuance To Certain Persons Prohibited.
Section 299F.785 — Black Powder.
Section 299F.79 — Unlawful Possession Of Component; Penalty.
Section 299F.80 — Unlawful Possession Of Explosive; Penalties.
Section 299F.82 — Illegal Transfer; Penalty.
Section 299F.83 — Negligent Discharge.
Section 299F.831 — Handling While Influenced By Alcohol Or Drug.
Section 299F.850 — Cigarette Fire Safety Definitions.
Section 299F.851 — Test Method And Performance Standard.
Section 299F.852 — Certification And Product Change.
Section 299F.853 — Marking And Cigarette Packaging.
Section 299F.854 — Penalties And Remedies.
Section 299F.855 — Implementation.
Section 299F.856 — Inspection.
Section 299F.857 — Reduced Cigarette Ignition Propensity Account.