HLS 21RS-395 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 69
BY REPRESENTATIVE MCKNIGHT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
UTILITIES: Provides relative to underground utilities
1 AN ACT
2To amend and reenact R.S. 40:1749.13(B)(4) and (D) and to enact R.S. 40:1749.14(C)(4),
3 relative to underground utilities; to provide for excavation and demolition; to provide
4 for notice; to provide for electronic drawings; to provide for physical markings; to
5 provide for limitations; to provide for positive response; to provide for effectiveness;
6 and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:1749.13(B)(4) and (D) are hereby amended and reenacted and
9R.S. 40:1749.14(C)(4) is hereby enacted to read as follows:
10 §1749.13. Excavation and demolition; prohibitions
11 * * *
12 B.
13 * * *
14 (4) Notice shall be given and shall include a specific location request for
15 excavation or demolition work to be performed at least forty-eight hours, but not
16 more than one hundred twenty hours, excluding weekends and holidays, in advance
17 of actual work commencement. Holidays shall consist of the following: New Year's
18 Day; Good Friday; Memorial Day; Independence Day; Labor Day; Thanksgiving
19 Day; Christmas Eve; and Christmas Day, or the days on which those holidays are
20 observed by the state. The marking of an operator's facility or utility shall be
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-395 ENGROSSED
HB NO. 69
1 provided for excavation or demolition purposes only. The excavator or demolisher
2 shall provide the specific location for excavation or demolition with notice or
3 physically mark the route or area of excavation or demolition using white paint,
4 flags, stakes, or similar means under American Public Works Association guidelines
5 prior to submitting notice.
6 * * *
7 D. Excavators may use white paint as marking under American Public
8 Works Association guidelines. For purposes of this Section, any physical markings
9 or electronic drawings identifying a specific location as provided for in Subsection
10 B of this Section shall not exceed the actual area of excavation or demolition.
11 §1749.14. Regional notification center
12 * * *
13 C.
14 * * *
15 (4) Should an underground utility or facility operator determine that its
16 underground facilities are not in conflict with the location of the request or determine
17 that its underground facilities are not fully marked for locating purposes, a
18 notification shall be sent to the excavator prior to the mark-by time. A notification
19 to the regional notification center that generated the location request shall suffice for
20 compliance with this Section as it pertains to positive response.
21 * * *
22 Section 2. This Act shall become effective on January 2, 2022.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 69 Engrossed 2021 Regular Session McKnight
Abstract: Implements notification procedures relative to excavation and demolition.
Present law requires excavators and demolishers to provide notice prior to excavating or
demolishing.
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HB NO. 69
Proposed law retains present law.
Present law requires the notice given to include a specific location request for excavation or
demolition work to be performed at least 48 hours, but not more than 120 hours, in advance
of the work commencing.
Proposed law retains present law and adds the requirement that the excavator or demolisher
provide the specific location for excavation or demolition with notice or physically mark the
route or area of excavation or demolition.
Proposed law provides guidelines for making physical markings, including requiring the use
of white paint, flags, stakes, or similar means under American Public Works Association
guidelines.
Present law allows excavators to use white paint as marking under current guidelines.
Proposed law deletes present law.
Proposed law requires that any physical markings or electronic drawings do not exceed the
actual area of excavation or demolition.
Proposed law requires an underground utility or facility operator to notify the excavator, if
it is determined that its underground facilities are not in conflict with the location of the
request or that its facilities are not fully marked for locating purposes.
Proposed law requires the notification to be given prior to the mark-by time.
A notification to the regional notification center that generated the location request shall
suffice for compliance with proposed law, as it pertains to positive response.
Effective Jan. 2, 2022.
(Amends R.S. 40:1749.13(B)(4) and (D); Adds R.S. 40:1749.14(C)(4))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Change the physical marking requirement for the location of excavation or
demolition from requiring color coded markings to white markings.
2. Remove a provision which calls for electronic drawings to supercede physical
markings.
3. Make technical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.