HASBSB169 TYLERT 2387
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 169 2021 Regular Session Allain
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
PUBLIC UTILITIES. Provides relative to the Louisiana Underground Utilities and
Facilities Damage Prevention Law. (8/1/21)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Adds provisions relative to the minimum ground cover over certain size
pipelines in parishes with a population between 45,000 and 75,000.
This provision is null and void on June 30, 2023.
2. Makes technical amendments.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
DIGEST
SB 169 Reengrossed 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 commercial 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 commercial 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.
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(2)Operations or activities that do encroach upon a private utility or pipeline servitude
and the depth of the excavation is less than 12 inches in the soil below the existing
surface grade.
Present law requires operators of an underground facility or utility, after having received the
notification request from the regional notification center of an intent to excavate, to supply
certain information to the person responsible for the excavation.
Proposed law adds this requirement when there is a notification of intent to perform normal
commercial farming operations.
Present law requires that each person responsible for an excavation or demolition operation
that results in damage to an underground facility or utility, perform certain actions
immediately such as notification to certain persons, to minimize hazard, and comply with
any other laws and regulations.
Proposed law adds this requirement to commercial farming operations that results in damage
to an underground facility or utility.
Proposed law, which becomes null and void on June 30, 2023, requires any owner or
operator of a natural gas pipeline that is inactive, has a diameter of a minimum of 15 inches
and a maximum of 17 inches, and is located in a parish with a population between 45,000
and 75,000 to maintain the minimum amount of ground cover as provided by 49 CFR Part
192. Provides that it the minimum ground cover has not been maintained then requires the
owner or operator of the pipeline to restore, at his own expense, the minimum ground cover
over the pipeline prior to the pipeline being reactivated.
Effective August 1, 2021.
(Amends R.S. 40:1749.12(7) and (12)-(18) and 1749.14(C)(1) (intro par) and 1749.17(B)
(intro par); adds R.S. 40:1749.12(19) and 1749.21(C) and (D))
______________________
Thomas L. Tyler
Deputy Chief of Staff
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