Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF740 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to labor; modifying grant award requirements for the border-to-border
3	3	1.3 broadband development grant program; repealing certain labor standards for
4	4	1.4 broadband industry installers; amending Minnesota Statutes 2024, section 116J.395,
5	5	1.5 subdivision 6; repealing Minnesota Statutes 2024, sections 116J.395, subdivisions
6	6	1.6 9, 10; 216B.17, subdivision 9; 326B.198.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. Minnesota Statutes 2024, section 116J.395, subdivision 6, is amended to read:
9	9	1.9 Subd. 6.Awarding grants.(a) In evaluating applications and awarding grants, the
10	10	1.10commissioner shall give priority to applications that are constructed in areas identified by
11	11	1.11the director of the Office of Broadband Development as unserved.
12	12	1.12 (b) In evaluating applications and awarding grants, the commissioner may give priority
13	13	1.13to applications that:
14	14	1.14 (1) are constructed in areas identified by the director of the Office of Broadband
15	15	1.15Development as underserved;
16	16	1.16 (2) offer new or substantially upgraded broadband service to important community
17	17	1.17institutions including, but not limited to, libraries, educational institutions, public safety
18	18	1.18facilities, and healthcare facilities;
19	19	1.19 (3) facilitate the use of telehealth and electronic health records;
20	20	1.20 (4) serve economically distressed areas of the state, as measured by indices of
21	21	1.21unemployment, poverty, or population loss that are significantly greater than the statewide
22	22	1.22average;
23	23	1Section 1.
24	24	25-02234 as introduced01/16/25 REVISOR SS/AC
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 740NINETY-FOURTH SESSION
28	28	(SENATE AUTHORS: WESTROM)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading01/27/2025
31	31	Referred to Labor 2.1 (5) provide technical support and train residents, businesses, and institutions in the
32	32	2.2community served by the project to utilize broadband service;
33	33	2.3 (6) include a component to actively promote the adoption of the newly available
34	34	2.4broadband services in the community;
35	35	2.5 (7) provide evidence of strong support for the project from citizens, government,
36	36	2.6businesses, and institutions in the community;
37	37	2.7 (8) provide access to broadband service to a greater number of unserved or underserved
38	38	2.8households and businesses; or
39	39	2.9 (9) leverage greater amounts of funding for the project from other private and public
40	40	2.10sources; or.
41	41	2.11 (10) commit to implementation of workforce best practices, meaning all laborers and
42	42	2.12mechanics performing construction, installation, remodeling, or repairs on the project sites
43	43	2.13for which the grant is provided:
44	44	2.14 (i) are paid the prevailing wage rate as defined in section 177.42, subdivision 6, and the
45	45	2.15applicant and all of its construction contractors and subcontractors agree that the payment
46	46	2.16of prevailing wage to such laborers and mechanics is subject to the requirements and
47	47	2.17enforcement provisions under sections 177.27, 177.30, 177.32, 177.41 to 177.435, and
48	48	2.18177.45, which the commissioner of labor and industry shall have the authority to enforce;
49	49	2.19or
50	50	2.20 (ii) receive from the employer:
51	51	2.21 (A) at least 40 hours of hands-on skills training annually;
52	52	2.22 (B) employer-paid family health insurance coverage; and
53	53	2.23 (C) employer-paid retirement benefit payments equal to no less than 15 percent of the
54	54	2.24employee's total taxable wages.
55	55	2.25 (c) The commissioner shall endeavor to award grants under this section to qualified
56	56	2.26applicants in all regions of the state.
57	57	2.27 (d) The commissioner shall endeavor to award no less than 50 percent of grant awards
58	58	2.28from general fund appropriations for the border-to-border broadband grant program under
59	59	2.29section 116J.396 for applicants that agree to implement the workforce best practices in this
60	60	2.30section. The applicant's agreement to implement the workforce best practices described in
61	61	2.31paragraph (b) must be an express condition of providing the grant in the grant agreement.
62	62	2.32 EFFECTIVE DATE.This section is effective January 1, 2026.
63	63	2Section 1.
64	64	25-02234 as introduced01/16/25 REVISOR SS/AC 3.1 Sec. 2. REPEALER.
65	65	3.2 Minnesota Statutes 2024, sections 116J.395, subdivisions 9 and 10; 216B.17, subdivision
66	66	3.39; and 326B.198, are repealed.
67	67	3Sec. 2.
68	68	25-02234 as introduced01/16/25 REVISOR SS/AC 116J.395 BORDER-TO-BORDER BROADBAND DEVELOPMENT GRANT PROGRAM.
69	69	Subd. 9.Workforce plan data.(a) Grantees that serve more than 10,000 broadband customers
70	70	and are receiving funding for projects under this section are required to provide in annual reports
71	71	information on the workforce performing installation work funded through the grant, including:
72	72	(1) the number of installation labor hours performed by workforce directly employed by the
73	73	grantee or the Internet service provider;
74	74	(2) the number of installation labor hours performed by contractors and subcontractors on
75	75	grant-funded projects with subtotals for hours worked by Minnesota residents, people of color,
76	76	Indigenous people, women, and people with disabilities;
77	77	(3) the name, business address, and number of labor hours performed by each contractor and
78	78	subcontractor that participated in construction of a grant-funded project;
79	79	(4) the percentages of workforce performing installation labor whose straight-time hourly pay
80	80	rate was at least $25 and who received employer-paid medical coverage and retirement benefits;
81	81	and
82	82	(5) any other workforce plan information as determined by the commissioner.
83	83	(b) Following an award, the workforce plan and the requirement to submit ongoing workforce
84	84	reports shall be incorporated as material conditions of the contract with the department and become
85	85	enforceable, certified commitments.
86	86	Subd. 10.Failure to meet requirements or falsification of data.If successful applicants fail
87	87	to meet the program requirements under this section, or otherwise falsify information regarding
88	88	such requirements, the commissioner shall investigate the failure and issue an appropriate action,
89	89	up to and including a determination that the applicant is ineligible for future participation in
90	90	broadband grant programs funded by the department.
91	91	216B.17 COMPLAINT INVESTIGATION AND HEARING.
92	92	Subd. 9.Telecommunications and cable communications systems.(a) The commission has
93	93	authority under this section to investigate, upon complaint or on its own motion, conduct by or on
94	94	behalf of a telecommunications carrier, telephone company, or cable communications system
95	95	provider that impacts public utility or cooperative electric association infrastructure. If the
96	96	commission finds that the conduct damaged or unreasonably interfered with the function of the
97	97	infrastructure, the commission may take any action authorized under sections 216B.52 to 216B.61
98	98	with respect to the provider.
99	99	(b) For purposes of this subdivision:
100	100	(1) "telecommunications carrier" has the meaning given in section 237.01, subdivision 6;
101	101	(2) "telephone company" has the meaning given in section 237.01, subdivision 7; and
102	102	(3) "cable communications system provider" means an owner or operator of a cable
103	103	communications system, as defined in section 238.02, subdivision 3.
104	104	326B.198 UNDERGROUND TELECOMMUNICA TIONS INFRASTRUCTURE.
105	105	Subdivision 1.Definitions.For the purposes of this section:
106	106	(1) "directional drilling" means a drilling method that utilizes a steerable drill bit to cut a bore
107	107	hole for installing underground utilities;
108	108	(2) "safety-qualified underground telecommunications installer" means a person who has
109	109	completed underground utilities installation certification under subdivision 3;
110	110	(3) "underground telecommunications utilities" means buried broadband, telephone and other
111	111	telecommunications transmission, distribution and service lines, and associated facilities; and
112	112	(4) "underground utilities" means buried electric transmission and distribution lines, gas and
113	113	hazardous liquids pipelines and distribution lines, sewer and water pipelines, telephone or
114	114	telecommunications lines, and associated facilities.
115	115	Subd. 2.Installation requirements.(a) The installation of underground telecommunications
116	116	infrastructure that is located within ten feet of existing underground utilities or that crosses the
117	117	existing underground utilities must be performed by safety-qualified underground telecommunications
118	118	installers as follows:
119	119	1R
120	120	APPENDIX
121	121	Repealed Minnesota Statutes: 25-02234 (1) the location of existing utilities by hand- or hydro-excavation or other accepted methods
122	122	must be performed by a safety-qualified underground telecommunications installer;
123	123	(2) where telecommunications infrastructure is installed by means of directional drilling, the
124	124	monitoring of the location and depth of the drill head must be performed by a safety-qualified
125	125	underground telecommunications installer; and
126	126	(3) no fewer than two safety-qualified underground telecommunications installers must be
127	127	present at all times at any location where telecommunications infrastructure is being installed by
128	128	means of directional drilling.
129	129	(b) Beginning July 1, 2025, all installations of underground telecommunications infrastructure
130	130	subject to this subdivision within the seven-county metropolitan area must be performed by
131	131	safety-qualified underground telecommunications installers that meet the requirements of this
132	132	subdivision.
133	133	(c) Beginning January 1, 2026, all installations of underground telecommunications infrastructure
134	134	subject to this subdivision within this state must be performed by safety-qualified underground
135	135	telecommunications installers that meet the requirements of this subdivision.
136	136	Subd. 3.Certification Standards.(a) The commissioner of labor and industry, in consultation
137	137	with the Office of Broadband, shall approve standards for a safety-qualified underground
138	138	telecommunications installer certification program that requires a person to:
139	139	(1) complete a 40-hour initial course that includes classroom and hands-on instruction covering
140	140	proper work procedures for safe installation of underground utilities, including:
141	141	(i) regulations applicable to excavation near existing utilities;
142	142	(ii) identification, location, and verification of utility lines using hand- or hydro-excavation or
143	143	other accepted methods;
144	144	(iii) response to line strike incidents;
145	145	(iv) traffic control procedures;
146	146	(v) use of a tracking device to safely guide directional drill equipment along a drill path; and
147	147	(vi) avoidance and mitigation of safety hazards posed by underground utility installation projects;
148	148	(2) demonstrate knowledge of the course material by successfully completing an examination
149	149	approved by the commissioner; and
150	150	(3) complete a four-hour refresher course within three years of completing the original course
151	151	and every three years thereafter in order to maintain certification.
152	152	(b) The commissioner must develop an approval process for training providers under this
153	153	subdivision and may suspend or revoke the approval of any training provider that fails to demonstrate
154	154	consistent delivery of approved curriculum or success in preparing participants to complete the
155	155	examination.
156	156	2R
157	157	APPENDIX
158	158	Repealed Minnesota Statutes: 25-02234