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Regular Session, 2012
HOUSE BILL NO. 824
BY REPRESENTATIVE PONTI
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(11) and (12) and 1749.20(C)(introductory2
paragraph) and to enact R.S. 40:1749.12(16) and 1749.15(C), relative to the3
Louisiana Underground Utilities and Facilities Damage Prevention Law; to define4
"operator"; to define "person"; to define "wildfire"; to require notification of an5
emergency excavation within four hours after commencement of excavation; to6
require notification of an emergency excavation within twenty-fou r hours after7
containment of an emergency caused by a wildfire; to provide for penalties; and to8
provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 40:1749.12(11) and (12) and 1749.20(C)(introductory paragraph) 11
are hereby amended and reenacted and R.S. 40:1749.12(16) and 1749.15(C) are enacted to12
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
(11) "Operator" means any person , individual, governmental agency or18
political subdivision or their agents, joint venture, firm, partnership, association, or19 HLS 12RS-1242 ORIGINAL
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corporation who owns or operates a public or private underground facility or utility1
which furnishes a service or material or stores, transports, or transmits electric2
energy, steam, oil, gases, natural gas, gas, mixture of gases, petroleum, petroleum3
products, hazardous or flammable fluids, toxic or corrosive fluids/gases, including4
telephone or telegraph system, fiber optic electronic communication systems, or5
water or water systems, or drainage, sewer systems, or traffic control systems or6
other items of like nature.7
(12) "Person" means an individual, firm, partnership, association, limited8
liability company, corporation, joint venture, municipality, governmental agency,9
political subdivision, or agent of the state or any legal representative thereof.10
* * *11
(16) "Wildfire" means an uncontrolled combustion of natural vegetation.12
* * *13
§1749.15. Emergency excavation ; notice required; penalty14
* * *15
C. Failure to give any notice to the regional notification center within four16
hours of the beginning of the emergency excavation, or in the case of a wildfire,17
twenty-four hours after containment of the emergency, shall give rise to a rebuttable18
presumption that the excavator failed to give notice as required pursuant to this19
Section and that the excavator is subject to the penalties as provided in R.S.20
40:1749.20(C).21
* * *22
§1749.20. Violations; penalties23
* * *24
C. An excavator or demolisher who violates the provisions of R.S.25
40:1749.15(B) R.S. 40:1749.15 shall be subject to the following:26
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HB NO. 824
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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)]
Ponti HB No. 824
Abstract: Requires notice to be given to a regional notification center within four hours of
the beginning of an emergency excavation or, in the case of a wildfire, 24 hours after
containment of the emergency.
Present law defines "operator" as any person, individual, governmental agency or political
subdivision or their agents, joint venture, firm, partnership, association, or corporation who
owns or operates a public or private underground facility or utility which furnishes a service
or material or stores, transports, or transmits electric energy, steam, oil, gases, natural gas,
gas, mixture of gases, petroleum, petroleum products, hazardous or flammable fluids, toxic
or corrosive fluids/gases, including telephone or telegraph system, fiber optic electronic
communication systems, or water or water systems, or drainage, sewer systems, or traffic
control systems or other items of like nature.
Proposed law retains present law but deletes the redundant categories already contained in
the definition of person.
Present law defines "person" as an individual, firm, partnership, association, corporation,
joint venture, municipality, governmental agency, political subdivision, or agent of the state
or any legal representative thereof.
Proposed law retains present law and adds limited liability company.
Proposed law defines "wildfire" as an uncontrolled combustion of natural vegetation.
Present law requires oral notice of an emergency excavation to be given as soon as
practicable to the regional notification center or each operator having underground utilities
and facilities located in the area of the emergency excavation and, if necessary, emergency
assistance to be requested from each operator in locating and providing immediate protection
to its underground utilities and facilities.
Present law requires the excavator to 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 retains present law.
Proposed law provides that failure to give any notice to the regional notification center
within four hours of the beginning of the emergency excavation, or in the case of a wildfire,
twenty-four hours after containment of the emergency, shall give rise to a rebuttable
presumption that the excavator failed to give the required notice and that the excavator is
subject to the applicable civil penalties.
Present law provides that an excavator or demolisher who fails to 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 shall be subject to the following:
(1)For the first violation, a civil penalty of not more than $50. HLS 12RS-1242 ORIGINAL
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(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.
Proposed law makes technical changes.
(Amends R.S. 40:1749.12(11) and (12) and 1749.20(C)(intro. para.); Adds R.S.
40:1749.12(16) and 1749.15(C))