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 397 Reengrossed 2024 Regular Session St. Blanc
Abstract: Provides relative to the Louisiana Underground Utilities and Facilities Damage
Prevention Law.
Present law provides for definitions.
Proposed law retains present law and adds the definitions for "large project excavation or
demolition", "marine excavator", and "routine excavation or demolition".
Present law provides for what information is included in a notice of intent to excavate or demolish,
and if the excavation or demolition is part of a larger project, the notice shall be confined to the
actual area of proposed excavation or demolition that will occur during the 20-day time period under
present law.
Proposed law amends present law to require that all notices shall be confined to the actual area of
proposed excavation or demolition that will occur during the 20-day time period under present law.
Proposed law provides for the purpose of proposed law.
Proposed law provides for what proposed law shall be applied to.
Proposed law requires that upon an excavator or demolisher contacting the regional notification
center to provide notice of excavation or demolition, the excavator or demolisher may request that
the excavation or demolition be recognized as a large project excavation or demolition. At which
time, the regional notification center shall notify all affected underground utility and facility
operators that a large project excavation or demolition request has been submitted.
Proposed law requires that a large project excavation or demolition request shall only be submitted
electronically to the regional notification center at least 10 business days prior to the commencement
of the excavation or demolition.
Proposed law provides for what shall be included in the submission of a large project excavation or
demolition request.
Proposed law provides that upon receipt of the large project excavation or demolition notification
request, operators of underground utilities or facilities and the requesting excavator or demolisher
may attempt to reach a mutual agreement in writing to determine certain details of the project that the operator and excavator or demolisher mutually agree needs to be included in the written
agreement. In no event shall an agreement be entered into pursuant to proposed law for a duration
of more than 90 calendar days.
Proposed law provides that if a mutual agreement between the operator and the excavator or
demolisher cannot be reached, the large project excavation or demolition notification request shall
be deemed null and void, and the provisions of present and proposed law shall apply.
Present law provides that each operator of an underground facility or utility, after having received
the notification request from the regional notification center of an intent to excavate or an intent to
conduct normal commercial farming operations, shall supply, prior to the proposed excavation or
normal commercial farming operation, certain information.
Proposed law retains present law.
Present law provides that when the utility or facility operator has marked the location of underground
facilities or utilities, the marking shall be deemed good as long as visible but not longer than 20
calendar days, including weekends and holidays, from the mark-by time.
Proposed law provides that present law applies unless the notice was designated as a large project
excavation or demolition and a written agreement has been reached between the operator and the
excavator or demolisher.
Present law provides that if the proposed excavation or demolition activity could impact a pipeline
located on or in water, the commissioner may extend the time period allowed for completion of the
excavation or demolition. An additional notice to the regional notification center shall be given
when the marks are no longer visible or if the excavation or demolition cannot be completed within
20 calendar days from the mark-by time, whichever occurs first.
Proposed law amends present law to clarify that an additional notification is needed if marks are not
visible or the excavation or demolition cannot be completed within 20 calendar days from mark-by
time.
Proposed law adds that a large project excavation or demolition has 90 calendar days to complete
excavation or demolition before additional notice is required.
Present law provides that the case whereby a forestry excavator or agricultural excavator has
requested that the utilities and facilities be marked for location, the operator of a utility or facility
shall mark the area of their utilities or facilities. The markings provided shall be deemed good as
long as they are visible or up to 30 calendar days from the time the markings were made, whichever
is shorter.
Proposed law retains present law and also allows for a marine excavator to make a request.
Present law provides that an excavator shall certify in the notice required in present law that the situation poses an imminent threat or danger to life, health, or property or is the result of an
unplanned utility outage and requires immediate action and that the excavator, or owner, or operator
has a crew on site.
Proposed law amends present law and changes crew to personnel.
Present law provides that an owner or operator of a natural gas pipeline that is inactive, has a certain
diameter, and is located in a parish with a certain population shall maintain the minimum amount
of ground cover as provided by present law. If the minimum amount of ground cover has not been
maintained then the owner or operator of the natural gas pipeline shall, at his own expense, restore
the minimum amount of cover over the pipeline prior to the pipeline being reactivated.
Proposed law repeals present law.
Present law provides for when present law shall become void.
Proposed law repeals present law.
Effective Jan. 1, 2025.
(Amends R.S. 40:1749.13(B)(2), 1749.14(C)(1)(b)(iii) and (v), and 1749.15(B); Adds R.S.
40:1749.12(20)-(22) and1749.13(E); Repeals R.S. 40:1749.21(C) and (D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the original bill:
1. Make technical changes.