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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 (B), to enact R.S.2
40:1749.12(14) and 1749.15.1, and to repeal R.S. 40:1749.13(E), relative to the3
Louisiana Underground Utilities and Facilities Damage Prevention Law; to define4
priority calls; to require regional notification centers to receive emergency locate5
requests twenty- four hours a day; to authorize a notice of intent to excavate to be6
sent electronically; to require a member operator to furnish the regional notification7
center with emergency contact information; to require a record of electronic notice8
to be retained by the regional notification center; to require an operator of an9
underground cable television utility to participate in regional notification centers; to10
provide for an exemption for priority calls; to repeal expired temporary notification11
provisions; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 40:1749.13(B)(1) and (3) and 1749.14(A) and (B) are hereby14
amended and reenacted and R.S. 40:1749.12(14) and 1749.15.1 are hereby enacted to read15
as follows: 16
§1749.12. Definitions17
As used in this Part, the following terms shall have the meanings ascribed to18
them in this Section:19
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(14) "Priority calls" means those outages and events that are caused by an1
unanticipated accident or occurrence that damages any generation, transmission, or2
distribution facilities and that do not meet the definition of "emergency" as provided3
for in this Section.4
§1749.13. Excavation and demolition; prohibitions5
* * *6
B.(1) Except as provided in R.S. 40:1749.15 and 1749.15.1, prior to any7
excavation or demolition, each excavator or demolisher, including cable television8
owners or operators, shall serve telephonic or electronic notice of the intent to9
excavate or demolish to the regional notification center or centers serving the area10
in which the proposed excavation or demolition is to take place. Such notice shall11
be given to the notification center at least forty-eight hours, but not more than one12
hundred twenty hours, excluding weekends and holidays, in advance of the13
commencement of any excavation or demolition activity. Holidays shall consist of14
the following: New Year's Day; Good Friday; Independence Day; Labor Day;15
Thanksgiving Day; and Christmas Day, or the days on which those holidays are16
observed by the state.17
* * *18
(3) Telephonic notice shall be recorded on tape or stored into an electronic19
data bank by the regional notification center and a record of the notice shall be20
retained for a three-year period from the date of notification. A record of an21
electronic notice shall also be retained by the regional notification center for a three-22
year period from the date of notification.23
* * *24
§1749.14. Regional notification center25
A. Each operator of an underground utility or facility, excluding cable26
television but, including all state agencies and political subdivisions of the state,27
shall become a member of, participate in, and share the cost of a regional notification28
center, except as provided for in R.S. 40:1749.19. Each regional notification center29 HLS 10RS-1029 REENGROSSED
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shall have the capability to receive emergency locate requests twenty-four hours a1
day and to disseminate the information as soon as it is received to the appropriate2
operators and all affected regional notification centers in this state.3
B. A regional notification center receiving a notice of intent to excavate shall4
notify all member operators having underground utilities or facilities in or near the5
site of the proposed excavation. All member operators shall furnish the regional6
notification center with current emergency contact or notification information,7
including twenty-four hour telephone numbers.8
* * *9
§1749.15.1. Priority calls10
The notice required under R.S. 40:1749.13 shall not apply to any person11
responding to a priority call. The owner or operator of the damaged facilities, prior12
to any excavation or demolition, shall serve telephonic notice of the intent to13
excavate or demolish to the regional notification center or centers serving the area14
in which the proposed excavation or demolition is to take place. The notice shall be15
given to the regional notification center at least two hours in advance of the16
commencement of any excavation or demolition activity.17
Section 2. R.S. 40:1749.13(E) is hereby repealed in its entirety.18
Section 3. This Act shall become effective on September 1, 2010.19
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: Provides for "priority calls" which require a two-hour notification. 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.
Proposed law defines "priority calls" as those outages and events that are caused by an
unanticipated accident or occurrence that damages any generation, transmission, or
distribution facilities and that do not meet the definition of "emergency" as provided for in
present law. HLS 10RS-1029 REENGROSSED
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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.
Proposed law requires each regional notification center to have the capability to receive
emergency locate requests 24 hours a day and to disseminate the information as soon as it
is received to the appropriate operators and all affected regional notification centers.
Present law requires each excavator or demolisher 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. Such notice shall be given to
the notification center at least 48 hours, but not more than 120 hours, excluding weekends
and holidays, in advance of the commencement of any excavation or demolition activity.
Proposed law retains present law but provides an exception to the notice requirement for any
person responding to a priority call. Proposed law requires the owner or operator of the
damaged facilities, at least two hours in advance of 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.
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 HLS 10RS-1029 REENGROSSED
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the proposed excavation or demolition is to take place shall notify the excavator or
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 Sept. 1, 2010.
(Amends R.S. 40:1749.13(B)(1) and (3) and 1749.14(A) and (B); Adds R.S. 40:1749.12(14)
and 1749.15.1; Repeals R.S. 40:1749.13(E))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Defined "priority calls" as those outages and events that are caused by an
unanticipated accident or occurrence that damages any generation, transmission,
or distribution facilities and that do not meet the definition of "emergency" as
provided for in present law.
2. Required each regional notification center to have the capability to receive
emergency locate requests 24 hours a day and to disseminate the information as
soon as it is received to the appropriate operators and all affected regional
notification centers.
3. Provided an exception to the notice requirement for any person responding to a
priority call. Requires the owner or operator of the damaged facilities, at least
two hours in advance of 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.
4. Changed the effective date to Sept. 1, 2010.