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.
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.