ENROLLED
ACT No. 75
2024 Regular Session
HOUSE BILL NO. 397
BY REPRESENTATIVE ST. BLANC
1 AN ACT
2 To amend and reenact R.S. 40:1749.13(B)(2), 1749.14(C)(1)(b)(iii) and (v), and 1749.15(B),
3 to enact R.S. 40:1749.12(20) through (22) and 1749.13(E), and to repeal R.S.
4 40:1749.21(C) and (D), relative to the Louisiana Underground Utilities and Facilities
5 Damage Prevention Law; to provide for definitions; to provide for excavations and
6 demolitions; to provide for regional notification centers; to provide for emergency
7 excavations; to remove obsolete provisions; to provide for effectiveness; and to
8 provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 40:1749.13(B)(2), 1749.14(C)(1)(b)(iii) and (v), and 1749.15(B) are
11 hereby amended and reenacted and R.S. 40:1749.12(20) through (22) and 1749.13(E) are
12 hereby enacted to read as follows:
13 §1749.12. Definitions
14 As used in this Part, the following terms have the meanings ascribed to them
15 in this Section:
16 * * *
17 (20) "Large project excavation or demolition" means excavation or
18 demolition activity that cannot reasonably be completed within the requirements of
19 R.S. 40:1749.13(B)(2).
20 (21) "Marine excavator" means an excavator or demolisher who is
21 performing excavation or demolition in areas such as swamps, wetlands, shallow
22 water, waterways, rivers, bayous, bays, lakes, the sea, and arms of the sea.
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1 (22) "Routine excavation or demolition" means excavation or demolition
2 activity that requires no more than twenty calendar days to be completed, and no
3 more than thirty calendar days for agricultural, forestry, or marine excavation or
4 demolition activity.
5 §1749.13. Excavation and demolition; prohibitions
6 * * *
7 B.
8 * * *
9 (2) This notice shall contain the name, address, and telephone number of the
10 person filing the notice of intent, and, if different, the person responsible for the
11 excavation or demolition, the starting date, anticipated duration, and description of
12 the specific type of excavation or demolition operation to be conducted, the specific
13 location of the proposed excavation or demolition and a statement as to whether
14 directional boring or explosives are to be used. If the excavation or demolition is
15 part of a larger project, the The notice shall be confined to the actual area of
16 proposed excavation or demolition that will occur during the twenty-day time period
17 under pursuant to R.S. 40:1749.14(C).
18 * * *
19 E.(1) The purpose of this Subsection is to allow for voluntary agreements in
20 writing between operators of underground utilities or facilities and excavators and
21 demolishers to determine the mark-by time, as well as the duration of excavation and
22 demolition projects that cannot be reasonably completed within the time frame
23 required for routine excavation or demolition.
24 (2) Unless hereinafter specifically excepted, all other provisions of this
25 Subsection shall apply to large project excavations or demolitions.
26 (3) Upon an excavator or demolisher contacting the regional notification
27 center to provide notice of excavation or demolition, the excavator or demolisher
28 may request that the excavation or demolition be recognized as a large project
29 excavation or demolition. At which time, the regional notification center shall notify
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1 all affected underground utility and facility operators that a large project excavation
2 or demolition request has been submitted.
3 (4) A large project excavation or demolition request shall only be submitted
4 electronically to the regional notification center at least ten business days prior to the
5 commencement of the excavation or demolition.
6 (5) The submission of a large project excavation or demolition request shall
7 also include the names and contact information of any and all subcontractors of the
8 excavator or demolisher who will be working on the project.
9 (6) Upon receipt of the large project excavation or demolition notification
10 request, operators of underground utilities or facilities and the requesting excavator
11 or demolisher may attempt to reach a mutual agreement in writing to determine the
12 scope of work, the mark-by-times, and any other details of the project that the
13 operator and excavator or demolisher mutually agree need to be included in the
14 written agreement such as the marking schedule and additional parties to be included
15 in the notification request. In no event shall an agreement be entered into pursuant
16 to this Subsection for a duration of more than ninety calendar days.
17 (7) If mutual agreement between the operator and the excavator or
18 demolisher cannot be reached, the large project excavation or demolition notification
19 request shall be deemed null and void, and the provisions of R.S. 40:1749.13(B)
20 shall apply.
21 §1749.14. Regional notification center
22 * * *
23 C.(1) Each operator of an underground facility or utility, after having
24 received the notification request from the regional notification center of an intent to
25 excavate or an intent to conduct normal commercial farming operations, shall supply,
26 prior to the proposed excavation or normal commercial farming operation, the
27 following information to the person responsible for the excavation or normal
28 commercial farming operation:
29 * * *
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1 (b)
2 * * *
3 (iii) When the utility or facility operator has marked the location of
4 underground facilities or utilities, the marking shall be deemed good as long as
5 visible, but not longer than twenty calendar days, including weekends and holidays,
6 from the mark-by time,. unless the notice was designated as a large project
7 excavation or demolition and a written agreement has been reached between the
8 operator and the excavator or demolisher. However, if the proposed excavation or
9 demolition activity could impact a pipeline located on or in water, the commissioner
10 may extend the time period allowed for completion of the excavation or demolition.
11 An additional notice to the regional notification center shall be given by the
12 excavator or demolisher in accordance with the provisions of this Part when the
13 marks are no longer visible or if the excavation or demolition cannot be completed
14 within twenty calendar days from the mark-by time, whichever occurs first. for
15 routine excavation or demolition or ninety calendar days for large project excavation
16 or demolition.
17 * * *
18 (v) In the case whereby a forestry excavator, or agricultural excavator, or
19 marine excavator has requested that the utilities and facilities be marked for
20 location, the operator of a utility or facility shall mark the area of their utilities or
21 facilities. The markings provided by the operator shall be deemed good as long as
22 the markings are visible or up to thirty calendar days from the time the markings
23 were made, whichever is shorter.
24 * * *
25 §1749.15. Emergency excavation; notice required; penalty
26 * * *
27 B. The excavator shall certify in the notice required in Subsection A of this
28 Section that the situation poses an imminent threat or danger to life, health, or
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1 property or is the result of an unplanned utility outage and requires immediate action
2 and that the excavator, or owner, or operator has a crew personnel on site.
3 * * *
4 Section 2. R.S. 40:1749.21(C) and (D) are hereby repealed in their entirety.
Section 3. This Act shall become effective on January 1, 2025.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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