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2019 Regular Session
SENATE BILL NO. 82
BY SENATOR LAMBERT AND REPRESENTATIVE BISHOP
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
UTILITIES. Provides relative to the Louisiana Underground Utilities and Facilities Damage
Prevention Law. (8/1/19)
1 AN ACT
2 To amend and reenact R.S. 40:1749.13(B)(5), 1749.14(C)(1)(b)(iii) and (3), and 1749.22,
3 relative to underground utilities and facilities; to provide for powers and duties of the
4 commissioner of conservation; to provide for time extensions for certain work to be
5 performed; to provide relative to preemption; to provide for certain procedures,
6 terms, and conditions; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:1749.13(B)(5), 1749.14(C)(1)(b)(iii) and (3), and 1749.22 are
9 hereby amended and reenacted to read as follows:
10 §1749.13. Excavation and demolition; prohibitions
11 * * *
12 B. * * *
13 (5) The excavator or demolisher shall wait at least forty-eight hours,
14 beginning at 7:00 a.m. on the next working day, following notification, unless
15 mutually agreed upon and documented by the excavator and operator to extend such
16 time, before commencing any excavation or demolition activity, except in the case
17 of an emergency as defined in the provisions of this Part or if informed by the
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1 regional notification center that no operators are to be notified. However, if no
2 agreement for an extension of time can be reached between the excavator and
3 the operator and the excavation or demolition activity could impact a pipeline
4 located on or in water, upon request by the operator, the commissioner may
5 delay the mark-by time prior to the commencement of any excavation or
6 demolition activity in order to allow for the accurate marking of such pipeline.
7 * * *
8 §1749.14. Regional notification center
9 * * *
10 C.(1) Each operator of an underground facility or utility, after having
11 received the notification request from the regional notification center of an intent to
12 excavate, shall supply, prior to the proposed excavation, the following information
13 to the person responsible for the excavation:
14 * * *
15 (b) * * *
16 (iii) When the utility or facility operator has marked the location of
17 underground facilities or utilities, the marking shall be deemed good as long as
18 visible but not longer than twenty calendar days, including weekends and holidays,
19 from the "mark by" mark-by time. However, if the proposed excavation or
20 demolition activity could impact a pipeline located on or in water, the
21 commissioner may extend the time period allowed for completion of the
22 excavation or demolition. An additional notice to the regional notification center
23 shall be given by the excavator or demolisher in accordance with the provisions of
24 this Part when the marks are no longer visible or if the excavation or demolition
25 cannot be completed within twenty calendar days from the "mark by" mark-by time,
26 whichever occurs first.
27 * * *
28 (3) In the event of inclement weather as defined in this Part, the mark by
29 mark-by time shall be extended by a duration equal to the duration of the inclement
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1 weather. The owner or operator shall notify the excavator or demolisher before the
2 expiration of the mark by mark-by time of the need for such extension.
3 * * *
4 §1749.22. Preemption
5 No Except as provided in this Part, no parish, municipal, local, or state
6 governing authority may enact any ordinance or promulgate any rules or regulations
7 which are in conflict with the provisions of this Part.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ridge.
DIGEST
SB 82 Engrossed 2019 Regular Session Lambert
Present law provides relative to underground utilities and facilities.
Present law provides that no person shall excavate or demolish in any street, highway, public
place, or servitude of any operator, or near the location of an underground facility or utility,
or on the premises of a customer served by an underground facility or utility without having
first ascertained the specific location of all underground facilities or utilities in the area
which would be affected by the proposed excavation or demolition.
Present law provides that prior to any excavation or demolition, each excavator or
demolisher shall serve notice of the intent to excavate or demolish to the regional
notification center or centers serving the area in which the proposed excavation or
demolition is to take place and further provides for the notification procedure.
Present law provides that the excavator or demolisher shall wait at least 48 hours following
notification, unless mutually agreed upon and documented by the excavator and operator to
extend such time, before beginning the proposed work, except under certain circumstances.
Proposed law provides if the operator and excavator cannot agree to extend the time and the
excavation or demolition activity could impact a pipeline located on or in water, upon
request by the operator, the commissioner of conservation may delay the mark-by time prior
to the commencement of any excavation or demolition activity in order to allow for the
accurate marking of such pipeline.
Present law provides for the responsibilities of a regional call center and an operator once
notification of an intent to excavate is received.
Present law provides that the specific location and type of underground utility or facility
may, at the operator's option, be marked to locate the utilities or facilities.
Present law provides that when they are marked, such markings shall be deemed good as
long as visible but not longer than 20 calendar days from the mark-by time.
Proposed law provides that the commissioner of conservation may extend the time to
complete the excavation or demolition activity if such activity could impact a pipeline
located on or in water.
Present law provides that no parish, municipal, local, or state governing authority may enact
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any ordinance or promulgate any rules or regulations which are in conflict with the
provisions of present law.
Proposed law provides that except as provided in present law, no parish, municipal, local,
or state governing authority may enact any ordinance or promulgate any rules or regulations
which are in conflict with the provisions of present law.
Effective August 1, 2019.
(Amends R.S. 40:1749.13(B)(5), 1749.14(C)(1)(b)(iii) and (3), and 1749.22)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Natural Resources to
the original bill
1. Deletes the requirement that the request to the commissioner be in writing
when the operator and excavator cannot agree to an extension of time.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.