ENROLLED
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Regular Session, 2012
HOUSE BILL NO. 824
BY REPRESENTATIVE PONTI
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 or20
political subdivision or their agents, joint venture, firm, partnership, association, or21 ENROLLEDHB NO. 824
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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
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(16) "Wildfire" means an uncontrolled combustion of natural vegetation.12
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§1749.15. Emergency excavation ; notice required; penalty14
* * *15
C. There is a rebuttable presumption that the excavator failed to give notice16
as required pursuant to this Section if the excavator failed to give any notice to the17
regional notification center within the following time periods:18
(1) Within four hours of the beginning of the emergency excavation.19
(2) In the case of a gubernatorially declared state of emergency due to a20
tropical storm or hurricane event, within twelve hours of the beginning of the21
emergency excavation within the parishes to which the emergency declaration22
applies.23
(3) In the case of a wildfire, within twenty-four hours after control of the24
emergency.25
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§1749.20. Violations; penalties27
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C. An excavator or demolisher who violates the provisions of R.S.1
40:1749.15(B) R.S. 40:1749.15 shall be subject to the following:2
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: