ENROLLED
ACT No. 9
2021 Regular Session
HOUSE BILL NO. 69
BY REPRESENTATIVE MCKNIGHT AND SENATORS FIELDS AND FOIL
1 AN ACT
2 To 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.
7 Be 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
9 R.S. 40:1749.14(C)(4) is hereby enacted to read as follows:
10 §1749.13. Excavation and demolition; prohibitions
11 * * *
12 B.
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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
21 provided for excavation or demolition purposes only. The excavator or demolisher
22 shall provide the specific location for excavation or demolition with notice or
23 physically mark the route or area of excavation or demolition using white paint,
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1 flags, stakes, or similar means under American Public Works Association guidelines
2 prior to submitting notice.
3 * * *
4 D. Excavators may use white paint as marking under American Public
5 Works Association guidelines. For purposes of this Section, any physical markings
6 or electronic drawings identifying a specific location as provided for in Subsection
7 B of this Section shall not exceed the actual area of excavation or demolition.
8 §1749.14. Regional notification center
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10 C.
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12 (4) Should an underground utility or facility operator determine that its
13 underground facilities are not in conflict with the location of the request or determine
14 that its underground facilities are not fully marked for locating purposes, a
15 notification shall be sent to the excavator prior to the mark-by time. A notification
16 to the regional notification center that generated the location request shall suffice for
17 compliance with this Section as it pertains to positive response.
18 * * *
19 Section 2. This Act shall become effective on January 2, 2022.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.