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Regular Session, 2010
HOUSE BILL NO. 396
BY REPRESENTATIVE ARNOLD
UTILITIES: Provides for changes to the La. Underground Utilities and Facilities Damage
Prevention Law
AN ACT1
To amend and reenact R.S. 40:1749.13(B)(1) and (3) and 1749.14(A) and to repeal R.S.2
40:1749.13(E), relative to the Louisiana Underground Utilities and Facilities3
Damage Prevention Law; to authorize a notice of intent to excavate to be sent4
electronically; to require a record of electronic notice to be retained by the regional5
notification center; to require an operator of an underground cable television utility6
to participate in regional notification centers; to repeal expired temporary7
notification provisions; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 40:1749.13(B)(1) and (3) and 1749.14(A) are hereby amended and10
reenacted to read as follows: 11
§1749.13. Excavation and demolition; prohibitions12
* * *13
B.(1) Except as provided in R.S. 40:1749.15, prior to any excavation or14
demolition, each excavator or demolisher, including cable television owners or15
operators, shall serve telephonic or electronic notice of the intent to excavate or16
demolish to the regional notification center or centers serving the area in which the17
proposed excavation or demolition is to take place. Such notice shall be given to the18
notification center at least forty-eight hours, but not more than one hundred twenty19
hours, excluding weekends and holidays, in advance of the commencement of any20 HLS 10RS-1029 ORIGINAL
HB NO. 396
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excavation or demolition activity. Holidays shall consist of the following: New1
Year's Day; Good Friday; Independence Day; Labor Day; Thanksgiving Day; and2
Christmas Day, or the days on which those holidays are observed by the state.3
* * *4
(3) Telephonic notice shall be recorded on tape or stored into an electronic5
data bank by the regional notification center and a record of the notice shall be6
retained for a three-year period from the date of notification. A record of an7
electronic notice shall also be retained by the regional notification center for a three-8
year period from the date of notification.9
* * *10
§1749.14. Regional notification center11
A. Each operator of an underground utility or facility, excluding cable12
television but, including all state agencies and political subdivisions of the state,13
shall become a member of, participate in, and share the cost of a regional notification14
center, except as provided for in R.S. 40:1749.19.15
* * *16
Section 2. R.S. 40:1749.13(E) is hereby repealed in its entirety.17
Section 3. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22 HLS 10RS-1029 ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Arnold HB No. 396
Abstract: Authorizes notice of intent to excavate to be sent electronically. Requires a
record of an electronic notice to be retained by the regional notification center for a
three-year period from the date of notification. Requires an operator of an
underground cable television utility to participate in regional notification centers.
Repeals expired temporary notice provisions.
Present law requires an excavator or demolisher, prior to any excavation or demolition, to
serve telephonic notice of the intent to excavate or demolish to the regional notification
center or centers serving the area in which the proposed excavation or demolition is to take
place.
Proposed law authorizes the notice of intent to excavate to also be sent through electronic
means.
Present law requires telephonic notice to be recorded on tape or stored into an electronic data
bank by the regional notification center and a record of the notice to be retained for a three-
year period from the date of notification.
Proposed law requires a record of an electronic notice to also be retained by the regional
notification center for a 3-year period from the date of notification.
Present law excludes an operator of an underground cable television utility from the
requirement to become a member of, participate in, and share the cost of a regional
notification center.
Proposed law deletes the exclusion for cable television operators.
Present law provides that, until July 1, 2007, excavators and demolishers, in the parishes of
St. Tammany, Orleans, St. Bernard, Jefferson, Plaquemines, Lafourche, Terrebonne, St.
Mary, Iberia, Vermilion, Cameron, and Calcasieu shall serve telephonic notice of the intent
to excavate or demolish to the regional notification center or centers serving the area in
which the proposed excavation or demolition is to take place at least 96 hours, but not more
than 240 hours, excluding weekends and holidays, in advance of the commencement of any
excavation or demolition activity.
Proposed law repeals present law.
Present law provides that, until July 1, 2007, the excavator or demolisher, in the parishes of
St. Tammany, Orleans, St. Bernard, Jefferson, Plaquemines, Lafourche, Terrebonne, St.
Mary, Iberia, Vermilion, Cameron, and Calcasieu shall wait at least 96 hours following
notification before commencing any excavation or demolition activity, except in the case of
an emergency or if informed by the regional notification center that no operators are to be
notified.
Proposed law repeals present law.
Present law provides that, until July 1, 2007, at the time of the telephonic call by the
excavator or demolisher, the regional notification center or centers serving the area in which
the proposed excavation or demolition is to take place shall notify the excavator or HLS 10RS-1029 ORIGINAL
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demolisher who wishes to excavate or demolish in the parishes of St. Tammany, Orleans,
St. Bernard, Jefferson, Plaquemines, Lafourche, Terrebonne, St. Mary, Iberia, Vermilion,
Cameron, and Calcasieu that the "mark-by-time" is 96 hours in those parishes. The regional
notification center or centers shall also adequately notify the excavator or demolisher by
placing in bold type on the call ticket that the "mark-by-time" period in the area is 96 hours.
Proposed law repeals present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends 40:1749.13(B)(1) and (3) and 1749.14(A); Repeals R.S. 40:1749.13(E))