SLS 20RS-842 ORIGINAL
2020 Regular Session
SENATE BILL NO. 446
BY SENATOR ALLAIN
PUBLIC UTILITIES. Amends the definition of excavation in the Louisiana Underground
Utilities and Facilities Damage Prevention Law. (8/1/20)
1 AN ACT
2 To amend and reenact R.S. 40:1749.12(7), relative to the Louisiana Underground Utilities
3 and Facilities Damage Prevention Law; to provide for definitions, terms, and
4 conditions; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 40:1749.12(7) is hereby amended and reenacted to read as follows:
7 ยง1749.12. Definitions
8 As used in this Part, the following terms have the meanings ascribed to them
9 in this Section:
10 * * *
11 (7) "Excavation" or "excavate" means any operation causing movement or
12 removal of earth, rock, or other materials in or on the ground or submerged in a
13 marine environment that could reasonably result in damage to underground or
14 submerged utilities or facilities by the use of powered or mechanical or manual
15 means, including but not limited to pile driving, digging, blasting, augering, boring,
16 back filling, dredging, compaction, plowing-in, trenching, ditching, tunneling, land-
17 leveling, grading, and mechanical probing. "Excavation" or "excavate" shall not
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 446
SLS 20RS-842 ORIGINAL
1 include manual probing, plowing, disking, or any other agricultural operation or
2 maintenance of less than twenty-four inches in depth for agricultural purposes
3 in agricultural fields, or any force majeure, act of God, or act of nature.
4 * * *
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))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.