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ACT No. 38
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.
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
* * *19
(4) "Emergency" means any crisis situation which poses an imminent threat20
or danger to life, health, or property, and requires immediate action, and immediate21
action is taken.22
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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
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(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
B. A regional notification center receiving a notice of intent to excavate shall25
notify all member operators having underground utilities or facilities in or near the26
site of the proposed excavation, except for the operator who provided the notice of27
intent and requested not to receive such notification. All member operators shall28
furnish the regional notification center with current emergency contact or29
notification information, including twenty-four hour telephone numbers.30 ENROLLEDHB NO. 383
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C.(1) Each operator of an underground facility or utility, after having1
received the notification request from the regional notification center of an intent to2
excavate, shall supply, prior to the proposed excavation, the following information3
to the person responsible for the excavation:4
* * *5
(b)6
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(iii) When the utility or facility operator has marked the location of8
underground facilities or utilities, the marking shall be deemed good as long as9
visible but not longer than ten twenty calendar days, including weekends and10
holidays, from the "mark by" time. An additional notice to the regional notification11
center shall be given by the excavator or demolisher in accordance with the12
provisions of this Part when the marks are no longer visible or if the excavation or13
demolition cannot be completed within ten twenty calendar days from the "mark by"14
time, whichever occurs first.15
* * *16
(v) In the case whereby a forestry excavator or agricultural excavator has17
requested that the utilities and facilities be marked for location, the operator of a18
utility or facility shall mark the area of their utilities or facilities. The markings19
provided by the operator shall be deemed good as long as the markings are visible20
or up to thirty calendar days from the time the markings were made, whichever is21
shorter.22
* * *23
§1749.15. Emergency excavation24
A. The notice required under pursuant to R.S. 40:1749.13 shall not apply to25
any person conducting an emergency excavation. Oral notice of the emergency26
excavation shall be given as soon as practicable to the regional notification center or27
each operator having underground utilities and facilities located in the area and, if28
necessary, emergency assistance shall be requested from each operator in locating29
and providing immediate protection to its underground utilities and facilities.30 ENROLLEDHB NO. 383
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B. The excavator shall orally certify in the notice required in Subsection A1
of this Section that the situation poses an imminent threat or danger to life, health,2
or property and requires immediate action and that the excavator has a crew on site.3
* * *4
§1749.20. Violations; penalties5
* * *6
C. An excavator or demolisher who violates the provisions of R.S.7
40:1749.15(B) shall be subject to the following:8
(1) For the first violation, a civil penalty of not more than fifty dollars.9
(2) For a second violation of a similar nature within a two-year period from10
the previous violation, a civil penalty of not more than two hundred dollars.11
(3) For a third violation of a similar nature within a two-year period from a12
previous violation, a civil penalty of not more than five hundred dollars.13
(4) For a fourth and each subsequent violation of a similar nature within a14
two-year period from the previous violation, a civil penalty of not less than five15
hundred dollars nor more than five thousand dollars.16
D. A person may be cited with a violation and held liable for a civil penalty17
pursuant to this Section although the commission of the offense did not occur in the18
presence of a law enforcement officer if the evidence is sufficient to establish that19
the defendant has committed the offense.20
Section 2. This Act shall become effective on October 1, 2011.21
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: