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 581 Original 2022 Regular Session St. Blanc
Abstract: Modifies the Louisiana Underground Utilities and Facilities Damage Prevention Law to
provide for unplanned utility outages, state holidays, and emergency excavation notices and
response times.
Present law (R.S. 40:1749.11 et seq.) provides for the "Louisiana Underground Utilities and
Facilities Damage Prevention Law".
Present law defines the term "emergency" as any crisis situation posing an imminent threat or danger
to life, health, or property, requiring immediate action, and immediate action is taken. Proposed law
amends "emergency" to include a situation that is the result of an unplanned utility outage.
Otherwise retains the present law definition.
Present law specifies certain holidays to be observed by regional notification centers. Proposed law
adds Martin Luther King, Jr. Day to the list of holidays and removes language which required
holiday observation on additional days for which the state may observe.
Present law requires an excavator or demolisher to provide oral notice as soon as practicable to the
regional notification center or each operator having underground utilities and facilities located in the
area. Proposed law further authorizes electronic notice delivery and otherwise retains present law.
Present law requires an excavator or demolisher to give oral notice of the emergency excavation as
soon as practicable to the regional notification center or each operator having
underground utilities and facilities located in the area. Proposed law retains present law.
Present law requires an excavator to orally certify in the notice that the situation poses an imminent
threat or danger to life, health, or property and requires immediate action and that the excavator has
a crew on site. Proposed law retains present law and further requires the excavator to provide notice
certification if the situation is the result of an unplanned utility outage and authorizes an owner or
operator to be on site in addition to the excavator crew.
Present law provides there is a rebuttable presumption that the excavator failed to give the
required notice if the excavator failed to give any notice to the regional notification center within the
following time periods:
(1)Within 4 hours of the beginning of the emergency excavation.
(2)In the case of a gubernatorially declared state of emergency due to a tropical storm or hurricane event, within 12 hours of the beginning of the emergency excavation within the
parishes to which the emergency declaration applies.
(3)In the case of a wildfire, within 24 hours after control of the emergency.
Proposed law changes the time frame from 4 hours of the beginning of the emergency excavation
to 2 hours from the discovery of the need for an emergency excavation and changes the
gubernatorially declared state of emergency from a storm or hurricane event to a weather or
homeland security related event. Otherwise retains present law.
Proposed law requires the owner or operator of the underground utilities, facilities, or submerged
infrastructure to respond to an emergency notice as soon as practicable under the circumstances.
Provides that emergency excavation notices are valid for the duration of the emergency situation.
Requires the type of work and location to remain consistent with the work described in the
emergency excavation notice. Further requires a new excavation notice if the type of work and
location become inconsistent with the emergency excavation notice.
(Amends R.S. 40:1749.12(6), 1749.13(B)(1), and 1749.15)