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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(B) and2
(C)(1)(b)(iii) and (v), 1749.15, and 1749.20(C) and to enact R.S. 40:1749.12(15) and3
1749.20(D), relative to the Louisiana Underground Utilities and Facilities Damage4
Prevention Law; to define "emergency"; to define "agricultural excavator"; to5
provide for a delay period following notification before the commencement of any6
excavation or demolition activity; to specify who shall receive a notice of intent to7
excavate; to define the period of time that markings shall be deemed good; to require8
certification of immediate action in a notice of emergency excavation; to provide for9
violations; to provide for penalties; to provide for an effective date; and to provide10
for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 40:1749.12(4), 1749.13(B)(2) and (5), 1749.14(B) and (C)(1)(b)(iii)13
and (v), 1749.15, and 1749.20(C) are hereby amended and reenacted and R.S.14
40:1749.12(15) and 1749.20(D) are hereby enacted to read as follows: 15
§1749.12. Definitions16
As used in this Part, the following terms shall have the meanings ascribed to17
them in this Section:18
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(4) "Emergency" means any crisis situation which poses an imminent threat1
or danger to life, health, or property, and requires immediate action, and immediate2
action is taken.3
* * *4
(15) "Agricultural excavator" means a person who owns or operates a farm5
and is directly involved in the cultivation of land or crops or who raises livestock.6
§1749.13. Excavation and demolition; prohibitions7
* * *8
B.9
* * *10
(2) This notice shall contain the name, address, and telephone number of the11
person filing the notice of intent, and, if different, the person responsible for the12
excavation or demolition, the starting date, anticipated duration, and description of13
the specific type of excavation or demolition operation to be conducted, the specific14
location of the proposed excavation or demolition and a statement as to whether15
directional boring or explosives are to be used. If the excavation or demolition is16
part of a larger project, the notice shall be confined to the actual area of proposed17
excavation or demolition that will occur during the ten-day twenty-day time period18
under R.S. 40:1749.14(C).19
* * *20
(5) The excavator or demolisher shall wait at least forty-eight hours ,21
beginning at 7:00 a.m. on the next working day, following notification before22
commencing any excavation or demolition activity, except in the case of an23
emergency as defined in the provisions of this Part or if informed by the regional24
notification center that no operators are to be notified.25
* * *26
§1749.14. Regional notification center27
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B. A regional notification center receiving a notice of intent to excavate shall1
notify all member operators having underground utilities or facilities in or near the2
site of the proposed excavation, except for the operator who provided the notice of3
intent and requested not to receive such notification. All member operators shall4
furnish the regional notification center with current emergency contact or5
notification information, including twenty-four hour telephone numbers.6
C.(1) Each operator of an underground facility or utility, after having7
received the notification request from the regional notification center of an intent to8
excavate, shall supply, prior to the proposed excavation, the following information9
to the person responsible for the excavation:10
* * *11
(b)12
* * *13
(iii) When the utility or facility operator has marked the location of14
underground facilities or utilities, the marking shall be deemed good as long as15
visible but not longer than ten twenty calendar days, including weekends and16
holidays, from the "mark by" time. An additional notice to the regional notification17
center shall be given by the excavator or demolisher in accordance with the18
provisions of this Part when the marks are no longer visible or if the excavation or19
demolition cannot be completed within ten twenty calendar days from the "mark by"20
time, whichever occurs first.21
* * *22
(v) In the case whereby a forestry excavator or agricultural excavator has23
requested that the utilities and facilities be marked for location, the operator of a24
utility or facility shall mark the area of their utilities or facilities. The markings25
provided by the operator shall be deemed good as long as the markings are visible26
or up to thirty calendar days from the time the markings were made, whichever is27
shorter.28
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§1749.15. Emergency excavation1
A. The notice required under pursuant to R.S. 40:1749.13 shall not apply to2
any person conducting an emergency excavation. Oral notice of the emergency3
excavation shall be given as soon as practicable to the regional notification center or4
each operator having underground utilities and facilities located in the area and, if5
necessary, emergency assistance shall be requested from each operator in locating6
and providing immediate protection to its underground utilities and facilities.7
B. The excavator shall orally certify in the notice required in Subsection A8
of this Section that the situation poses an imminent threat or danger to life, health,9
or property and requires immediate action and that the excavator has a crew on site.10
* * *11
§1749.20. Violations; penalties12
* * *13
C. An excavator or demolisher who violates the provisions of R.S.14
40:1749.15(B) shall be subject to the following:15
(1) For the first violation, a civil penalty of not more than fifty dollars.16
(2) For a second violation of a similar nature within a two-year period from17
the previous violation, a civil penalty of not more than two hundred dollars.18
(3) For a third violation of a similar nature within a two-year period from a19
previous violation, a civil penalty of not more than five hundred dollars.20
(4) For a fourth and each subsequent violation of a similar nature within a21
two-year period from the previous violation, a civil penalty of not less than five22
hundred dollars nor more than five thousand dollars.23
D. A person may be cited with a violation and held liable for a civil penalty24
pursuant to this Section although the commission of the offense did not occur in the25
presence of a law enforcement officer if the evidence is sufficient to establish that26
the defendant has committed the offense.27
Section 2. This Act shall become effective on October 1, 2011.28 HLS 11RS-356 REENGROSSED
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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. 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, 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
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 requires a regional notification center receiving a notice of intent to excavate to
notify all member operators having underground utilities or facilities in or near the site of
the proposed excavation.
Proposed law retains present law but adds an exception for the operator who provided the
notice of intent and requested not to receive such notification.
Present law requires all member operators to furnish the regional notification center with
current emergency contact or notification information, including 24-hour telephone numbers.
Proposed law retains present law.
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 HLS 11RS-356 REENGROSSED
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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 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.
(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.
Effective Oct. 1, 2011.
(Amends R.S. 40:1749.12(4), 1749.13(B)(2) and (5), 1749.14(B) and (C)(1)(b)(iii) and (v),
1749.15, and 1749.20(C); Adds R.S. 40:1749.12(15) and 1749.20(D))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Made technical corrections.
2. Deleted situations involving the unanticipated interruption of utility services
from the definition of "emergency". HLS 11RS-356 REENGROSSED
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3. Added an exception to the requirement that a regional notification center shall
notify all member operators having underground utilities or facilities in or near
the site of the proposed excavation for the operator who provided the notice of
intent unless the operator requested to receive such notice.
House Floor Amendments to the engrossed bill.
1. Clarified that a regional notification center that receives a notice of intent is not
required to give notice to the operator who provided the notice of intent and
requested not to receive such notification.
2. Added effective date of October 1, 2011.