RÉSUMÉ DIGEST
ACT 344 (SB 82) 2019 Regular Session Lambert
Prior law provided relative to underground utilities and facilities.
Prior law provided 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.
Prior law provided 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.
Prior law provided 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.
New 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.
Prior law provided for the responsibilities of a regional call center and an operator once
notification of an intent to excavate is received.
Prior law provided 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.
Prior law provided 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.
New 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.
Prior law provided that 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 prior law.
New law provides that except as provided in prior 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 prior law.
Effective August 1, 2019.
(Amends R.S. 40:1749.13(B)(5), 1749.14(C)(1)(b)(iii) and (3), and 1749.22)