SLS 16RS-357 ORIGINAL
2016 Regular Session
SENATE BILL NO. 119
BY SENATOR MARTINY
UTILITIES. Provides relative to the administration and regulation of underground utilities
and facilities. (gov sig)
1 AN ACT
2 To amend and reenact the introductory paragraph of R.S. 40:1749.12 and (6) and
3 1749.13(B)(1) and (4), relative to the administration and regulation of underground
4 utilities and facilities; to provide relative to the definition of excavate; to enumerate
5 certain holidays; to provide for effectiveness; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. The introductory paragraph of R.S. 40:1749.12 and (6) and 1749.13(B)(1)
8 and (4) are hereby amended and reenacted to read as follows:
9 §1749.12. Definitions
10 As used in this Part, the following terms shall have the meanings ascribed to
11 them in this Section:
12 * * *
13 (6) "Excavation" or "excavate" means any operation for the purpose of
14 causing movement or removal of earth, rock, or other materials in or on the ground
15 or submerged in a marine environment by the use of powered or mechanical or
16 manual means, including but not limited to pile driving, digging, blasting, auguring,
17 boring, back filling, dredging, compressing compaction, plowing-in, trenching,
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 119
SLS 16RS-357 ORIGINAL
1 ditching, tunneling, land-leveling, grading, and mechanical probing, or any other
2 activity that could reasonably result in damage to underground or submerged
3 utilities or facilities. "Excavation" or "excavate" shall not include manual probing.
4 * * *
5 §1749.13. Excavation and demolition; prohibitions
6 * * *
7 B.(1) Except as provided in R.S. 40:1749.15, prior to any excavation or
8 demolition, each excavator or demolisher shall serve telephonic or electronic notice
9 of the intent to excavate or demolish to the regional notification center or centers
10 serving the area in which the proposed excavation or demolition is to take place.
11 Such notice shall be given to the notification center at least forty-eight hours, but not
12 more than one hundred twenty hours, excluding weekends and holidays, in advance
13 of the commencement of any excavation or demolition activity. Holidays shall
14 consist of the following: New Year's Day; Good Friday; Memorial Day;
15 Independence Day; Labor Day; Thanksgiving Day; Christmas Eve; and Christmas
16 Day, or the days on which those holidays are observed by the state.
17 * * *
18 (4) Notice shall be given and shall include a specific location request for
19 excavation or demolition work to be performed at least forty-eight hours, but not
20 more than one hundred twenty hours, excluding weekends and holidays, in advance
21 of actual work commencement. Holidays shall consist of the following: New Year's
22 Day; Good Friday; Memorial Day; Independence Day; Labor Day; Thanksgiving
23 Day; Christmas Eve; and Christmas Day, or the days on which those holidays are
24 observed by the state. The marking of an operator's facility or utility shall be
25 provided for excavation or demolition purposes only.
26 * * *
27 Section 2. This Act shall become effective upon signature by the governor or, if not
28 signed by the governor, upon expiration of the time for bills to become law without signature
29 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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Coding: Words which are struck through are deletions from existing law;
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1 vetoed by the governor and subsequently approved by the legislature, this Act shall become
2 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Linda Nugent.
DIGEST
SB 119 Original 2016 Regular Session Martiny
Present law defines "excavation" or "excavate" changes "operation for the purpose of" to
"operation causing". Further provides for additional circumstances to be included in the
definition and makes the illustrative list of examples nonexclusive.
With regard to advance notification to a regional center prior to any excavation or
demolition, present law enumerates certain holidays observed by regional notification
centers that affect the calculation of the timely advance notification. Proposed law adds
Memorial Day and Christmas Eve to the list of holidays.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1749.12(intro para) and (6) and 1749.13(B)(1) and (4))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.