The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Elizabeth O'Quin.
DIGEST
SB 169 Original 2021 Regular Session Allain
Present law provides relative to the La. Underground Utilities and Facilities Damage Prevention
Law.
Present law provides that except as provided by law, 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 adds normal farming operations as an exception to the definition of "excavation" or
"excavate" and changes the definition of "excavation" or "excavate" with regards to an exception
from any force majeure, act of God, or act of nature to any activity resulting from force majeure
related occurrences, including but not limited to an act of God or an act of nature.
Proposed law defines"normal farming operations" as the following operations or activities for
agriculture cultivation purposes:
(1)Operations or activities that do not encroach upon a private utility or pipeline servitude,
public right-of-way, or public franchise area.
(2)Operations or activities that do encroach upon a private utility or pipeline servitude and the
depth is less than 12 inches in the soil below the existing surface grade.
Effective August 1, 2021.
(Amends R.S. 40:1749.12(7) and (12)-(18); adds R.S. 40:1749.12(19))