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are additions.
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 within twelve hours of an emergency excavation after a7
gubernatorially declared state of emergency due to a tropical storm or hurricane; to8
require notification of an emergency excavation within twenty-four hours after9
control of an emergency caused by a wildfire; to provide for penalties; and to provide10
for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 40:1749.12(11) and (12) and 1749.20(C)(introductory paragraph) 13
are hereby amended and reenacted and R.S. 40:1749.12(16) and 1749.15(C) are hereby14
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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(11) "Operator" means any person , individual, governmental agency or1
political subdivision or their agents, joint venture, firm, partnership, association, or2
corporation who owns or operates a public or private underground facility or utility3
which furnishes a service or material or stores, transports, or transmits electric4
energy, steam, oil, gases, natural gas, gas, mixture of gases, petroleum, petroleum5
products, hazardous or flammable fluids, toxic or corrosive fluids/gases, including6
telephone or telegraph system, fiber optic electronic communication systems, or7
water or water systems, or drainage, sewer systems, or traffic control systems or8
other items of like nature.9
(12) "Person" means an individual, firm, partnership, association, limited10
liability company, corporation, joint venture, municipality, governmental agency,11
political subdivision, or agent of the state or any legal representative thereof.12
* * *13
(16) "Wildfire" means an uncontrolled combustion of natural vegetation.14
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§1749.15. Emergency excavation ; notice required; penalty16
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C. There is a rebuttable presumption that the excavator failed to give notice18
as required pursuant to this Section if the excavator failed to give any notice to the19
regional notification center within the following time periods:20
(1) Within four hours of the beginning of the emergency excavation.21
(2) In the case of a gubernatorially declared state of emergency due to a22
tropical storm or hurricane event, within twelve hours of the beginning of the23
emergency excavation within the parishes to which the emergency declaration24
applies.25
(3) In the case of a wildfire, within twenty-four hours after control of the26
emergency.27
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§1749.20. Violations; penalties1
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C. An excavator or demolisher who violates the provisions of R.S.3
40:1749.15(B) R.S. 40:1749.15 shall be subject to the following:4
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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, within 12 hours of the beginning of an
emergency excavation after a tropical storm or hurricane, or within 24 hours of the
beginning of an emergency excavation after control of a wildfire 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. HLS 12RS-1242 ENGROSSED
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Proposed law provides there is a rebuttable presumption that the excavator failed to give the
required notice if the excavator failed to give any notice to the regional notification center
within the following time periods:
(1)Within four hours of the beginning of the emergency excavation.
(2)In the case of a gubernatorially declared state of emergency due to a tropical storm
or hurricane event, within 12 hours of the beginning of the emergency excavation
within the parishes to which the emergency declaration applies.
(3)In the case of a wildfire, within 24 hours after control of the emergency.
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.
(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))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Made a technical correction.
2. Changed the start of the wildfire emergency notification period from the
"containment" to the "control" of the wildfire emergency.
3. Added the requirement that an excavator shall provide notice to the regional
notification center within 12 hours of the beginning of an emergency excavation
within any parish located within a gubernatorially declared state of emergency
due to a tropical storm or hurricane event.