The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Michelle Ridge.
DIGEST
SB 446 Original 2020 Regular Session Allain
Present law provides relative to the La. Underground Utilities and Facilities Damage Prevention
Law.
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,
as provided by law, the specific location of all underground facilities or utilities in the area that
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 telephonic or electronic 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.
Present law defines "excavation" or "excavate" to mean any operation causing movement or removal
of earth, rock, or other materials in or on the ground or submerged in a marine environment that
could reasonably result in damage to underground or submerged utilities or facilities by the use of
powered or mechanical or manual means, including but not limited to pile driving, digging, blasting,
augering, boring, back filling, dredging, compaction, plowing-in, trenching, ditching, tunneling,
land-leveling, grading, and mechanical probing. "Excavation" or "excavate" shall not include manual
probing or any force majeure, act of God, or act of nature.
Proposed law retains the present law definition and excludes from the definition plowing, disking,
or any other agricultural operation or maintenance of less than 24 inches in depth for agricultural
purposes in agricultural fields.
Effective August 1, 2020.
(Amends R.S. 40:1749.12(7))