HLS 11RS-356 ORIGINAL
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Regular Session, 2011
HOUSE BILL NO. 383
BY REPRESENTATIVE ARNOLD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
UTILITIES: Provides for changes to the La. Underground Utilities and Facilities Damage
Prevention Law
AN ACT1
To amend and reenact R.S. 40:1749.12(4), 1749.13(B)(2) and (5), 1749.14(C)(1)(b)(iii) and2
(v), 1749.15, and 1749.20(C) and to enact R.S. 40:1749.12(15) and 1749.20(D),3
relative to the Louisiana Underground Utilities and Facilities Damage Prevention4
Law; to define "emergency"; to define "agricultural excavator"; to provide for a5
delay period following notification before the commencement of any excavation or6
demolition activity; to define the period of time that markings shall be deemed good;7
to require certification of immediate action in a notice of emergency excavation; to8
provide for violations; to provide for penalties; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 40:1749.12(4), 1749.13(B)(2) and (5), 1749.14(C)(1)(b)(iii) and (v),11
1749.15, and 1749.20(C) are hereby amended and reenacted and R.S. 40:1749.12(15) and12
1749.20(D) are hereby enacted to read as follows: 13
§1749.12. Definitions14
As used in this Part, the following terms shall have the meanings ascribed to15
them in this Section:16
* * *17
(4) "Emergency" means any crisis situation which poses an imminent threat18
or danger to life, health, or property or involves the unanticipated interruption of19
utility services, and requires immediate action, and immediate action is taken.20
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(15) "Agricultural excavator" means a person who owns or operates a farm1
and is directly involved in the cultivation of land or crops or who raises livestock.2
§1749.13. Excavation and demolition; prohibitions3
* * *4
B.5
* * *6
(2) This notice shall contain the name, address, and telephone number of the7
person filing the notice of intent, and, if different, the person responsible for the8
excavation or demolition, the starting date, anticipated duration, and description of9
the specific type of excavation or demolition operation to be conducted, the specific10
location of the proposed excavation or demolition and a statement as to whether11
directional boring or explosives are to be used. If the excavation or demolition is12
part of a larger project, the notice shall be confined to the actual area of proposed13
excavation or demolition that will occur during the ten-day twenty-day time period14
under R.S. 40:1749.14(C).15
* * *16
(5) The excavator or demolisher shall wait at least forty-eight hours ,17
beginning at 7:00 a.m. on the next working day, following notification before18
commencing any excavation or demolition activity, except in the case of an19
emergency as defined in the provisions of this Part or if informed by the regional20
notification center that no operators are to be notified.21
* * *22
§1749.14. Regional notification center23
* * *24
C.(1) Each operator of an underground facility or utility, after having25
received the notification request from the regional notification center of an intent to26
excavate, shall supply, prior to the proposed excavation, the following information27
to the person responsible for the excavation:28
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(b)1
* * *2
(iii) When the utility or facility operator has marked the location of3
underground facilities or utilities, the marking shall be deemed good as long as4
visible but not longer than ten twenty calendar days, including weekends and5
holidays, from the "mark by" time. An additional notice to the regional notification6
center shall be given by the excavator or demolisher in accordance with the7
provisions of this Part when the marks are no longer visible or if the excavation or8
demolition cannot be completed within ten twenty calendar days from the "mark by"9
time, whichever occurs first.10
* * *11
(v) In the case whereby a forestry excavator or agricultural excavator has12
requested that the utilities and facilities be marked for location, the operator of a13
utility or facility shall mark the area of their utilities or facilities. The markings14
provided by the operator shall be deemed good as long as the markings are visible15
or up to thirty calendar days from the time the markings were made, whichever is16
shorter.17
* * *18
§1749.15. Emergency excavation19
A. The notice required under R.S. 40:1749.13 shall not apply to any person20
conducting an emergency excavation. Oral notice of the emergency excavation shall21
be given as soon as practicable to the regional notification center or each operator22
having underground utilities and facilities located in the area and, if necessary,23
emergency assistance shall be requested from each operator in locating and24
providing immediate protection to its underground utilities and facilities.25
B. The excavator shall orally certify in the notice required in Subsection A26
of this Section that the situation poses an imminent threat or danger to life, health,27
or property and requires immediate action and that the excavator has a crew on site.28
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§1749.20. Violations; penalties1
* * *2
C. An excavator or demolisher who violates the provisions of R.S.3
40:1749.15(B) shall be subject to the following:4
(1) For the first violation, a civil penalty of not more than fifty dollars.5
(2) For a second violation of a similar nature within a two-year period from6
the previous violation, a civil penalty of not more than two hundred dollars.7
(3) For a third violation of a similar nature within a two-year period from a8
previous violation, a civil penalty of not more than five hundred dollars.9
(4) For a fourth and each subsequent violation of a similar nature within a10
two-year period from the previous violation, a civil penalty of not less than five11
hundred dollars nor more than five thousand dollars.12
D. A person may be cited with a violation and held liable for a civil penalty13
pursuant to this Section although the commission of the offense did not occur in the14
presence of a law enforcement officer if the evidence is sufficient to establish that15
the defendant has committed the offense.16
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. 383
Abstract: Makes changes to the La. Underground Utilities and Facilities Damage
Prevention Law.
Present law defines "emergency" as any crisis situation which poses an imminent threat or
danger to life, health, or property and requires immediate action.
Proposed law defines "emergency" as any crisis situation which poses an imminent threat
or danger to life, health, or property or involves the unanticipated interruption of utility
services, requires immediate action, and immediate action is taken.
Proposed law defines "agricultural excavator" as a person who owns or operates a farm and
is directly involved in the cultivation of land or crops or who raises livestock.
Present law provides that the notice of intent to excavate shall contain the name, address, and
telephone number of the person filing the notice of intent, and, if different, the person
responsible for the excavation or demolition, the starting date, anticipated duration, and
description of the specific type of excavation or demolition operation to be conducted, the HLS 11RS-356 ORIGINAL
HB NO. 383
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are additions.
specific location of the proposed excavation or demolition and a statement as to whether
directional boring or explosives are to be used. If the excavation or demolition is part of a
larger project, the notice shall be confined to the actual area of proposed excavation or
demolition that will occur during the 10-day time period prescribed by present law.
Proposed law maintains present law but changes the 10-day time period to a 20-day time
period.
Present law requires the excavator or demolisher to wait at least 48 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 maintains present law but specifies that the 48 hours does not start until 7:00
a.m. on the next working day following notification.
Present law provides that, when the utility or facility operator has marked the location of
underground facilities or utilities, the marking shall be deemed good as long as visible but
not longer than 10 calendar days, including weekends and holidays, from the "mark by"
time. An additional notice to the regional notification center shall be given by the excavator
or demolisher in accordance when the marks are no longer visible or if the excavation or
demolition cannot be completed within 10 calendar days from the "mark by" time,
whichever occurs first.
Proposed law retains present law but changes the period of 10 calendar days to 20 calendar
days.
Present law provides that, in the case whereby a forestry excavator has requested that the
utilities and facilities be marked for location, the operator of a utility or facility shall mark
the area of their utilities or facilities. The markings provided by the operator shall be
deemed good as long as the markings are visible or up to 30 calendar days from the time the
markings were made, whichever is shorter.
Proposed law retains present law but adds agricultural excavator to the list of persons who
for whom markings are good up to 30 calendar days.
Present law provides that the 48-hour notice requirement shall not apply to any person
conducting an emergency excavation. Oral notice of the emergency excavation shall be
given as soon as practicable to the regional notification center or each operator having
underground utilities and facilities located in the area and, if necessary, emergency
assistance shall be requested from each operator in locating and providing immediate
protection to its underground utilities and facilities.
Proposed law retains present law and adds the requirement that the excavator orally certify
in the notice that the situation poses an imminent threat or danger to life, health, or property
and requires immediate action and that the excavator has a crew on site.
Proposed law provides that an excavator who fails to provide the required oral certification
in the notice of emergency excavation shall be subject to the following:
(1)For the first violation, a civil penalty of not more than $50.
(2)For a second violation of a similar nature within a two-year period from the previous
violation, a civil penalty of not more than $200.
(3)For a third violation of a similar nature within a two-year period from a previous
violation, a civil penalty of not more than $500. HLS 11RS-356 ORIGINAL
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(4)For a fourth and each subsequent violation of a similar nature within a two-year
period from the previous violation, a civil penalty of not less than $500 nor more
than $5,000.
(Amends R.S. 40:1749.12(4), 1749.13(B)(2) and (5), 1749.14(C)(1)(b)(iii) and (v), 1749.15,
and 1749.20(C); Adds R.S. 40:1749.12(15) and 1749.20(D))