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Missouri Senate Bill SB133

Missouri 2025 Regular Session

Missouri Senate Bill SB133 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
5-[PERFECTED]
6-SENATE SUBSTITUTE FOR
75 SENATE COMMITTEE SUBSTITUTE FOR
86 SENATE BILL NO. 133
97 103RD GENERAL ASSEMBLY
10-INTRODUCED BY SENATOR FITZWATER.
11-0382S.05P KRISTINA MARTIN, Secretary
8+0382S.03C KRISTINA MARTIN, Secretary
129 AN ACT
1310 To repeal sections 319.015, 319.022, 319.024, 319.025, 319.026, 319.027, 319.030, 319.031, and
1411 319.035, RSMo, and to enact in lieu thereof eleven new sections relating to
1512 underground facilities.
1613
1714 Be it enacted by the General Assembly of the State of Missouri, as follows:
1815 Section A. Sections 319.015, 319.022, 319.024, 319.025, 1
1916 319.026, 319.027, 319.030, 319.03 1, and 319.035, RSMo, are 2
2017 repealed and eleven new sections enacted in lieu thereof, to be 3
2118 known as sections 319.015, 319.019, 319.022, 319.024, 319.025, 4
2219 319.026, 319.027, 319.030, 319.031, 319.034, and 319.035, to 5
2320 read as follows:6
2421 319.015. For the purposes of sections 319.010 to 1
2522 319.050, the following terms mean: 2
2623 (1) "Approximate location", a strip of land not wider 3
2724 than the width of the underground facility plus two feet on 4
2825 either side thereof. In situations where reinforced 5
2926 concrete, multiplicity of adjacent facilities or other 6
3027 unusual specified conditions interfere with location 7
3128 attempts, the owner or operator shall designate to the best 8
3229 of his [or], her, or its ability an approximate location of 9
33-greater width; 10 SS SCS SB 133 2
34- (2) "Best practices", the damage prevention 11
35-recommended standard for protecting vital underground 12
36-facilities issued by the Common Ground Alliance, sponsored 13
37-by the Department of Transportat ion as described in 49 14
38-U.S.C. Section 6105(a), as amended. The Common Ground 15
39-Alliance Best Practices shall be read in conjunction with 16
40-Missouri law; in any instance in which such best practices 17
41-conflict with state law, state law shall control; 18
42- (3) "Careful and prudent", conducting excavation using 19
43-best practices; 20
44- (4) "Design request", a request from any person for 21
45-facility location information for design purposes only; 22
46- (5) "Detectible underground location device", any 23
47-device that is installed underground and that is capable of 24
48-being detected from above ground with an electronic locating 25
49-device, including a locator strip or locator wire; 26
50- (6) "Electronic white lining", the process in which an 27
51-excavator identifies where a prop osed excavation will occur 28
52-by drawing a polygon shape on a GIS map, transmitted in a 29
53-manner that may then be delivered by the notification center 30
54-to its member operator; 31
55- [(3)] (7) "Emergency", a sudden, unexpected 32
56-occurrence, presenting a clear a nd imminent danger demanding 33
57-immediate action to prevent or mitigate loss or damage to 34
58-life, health, property, or essential public services. 35
59-"Unexpected occurrence" includes, but is not limited to, 36
60-thunderstorms, high winds, ice or snow storms, fires, 37
61-floods, earthquakes, or other soil or geologic movements, 38
62-riots, accidents, water or wastewater pipe breaks, 39
63-vandalism, or sabotage; 40
64- [(4)] (8) "Excavation", any operation in which earth, 41
65-rock or other material in or on the ground is moved, remov ed 42 SS SCS SB 133 3
66-or otherwise displaced by means of any tools, equipment or 43
67-explosives and includes, without limitation, backfilling, 44
68-grading, trenching, digging, ditching, pulling material from 45
69-a ditch [but not including] not in conjunction with routine 46
70-road maintenance, drilling, well -drilling, augering, boring, 47
71-tunneling, scraping, cable or pipe plowing, plowing -in, 48
72-pulling-in, ripping, driving, and demolition of structures [, 49
73-except that,]. Exemptions to this definition include: 50
74-routine road maintenance, the use of mechanized tools and 51
75-equipment to break and remove pavement and masonry down only 52
76-to the depth of such pavement or masonry on roads dedicated 53
77-to the public use for vehicular traffic, the tilling of soil 54
78-for agricultural purposes when such excav ation does not 55
79-exceed sixteen inches in depth, the installation of marking 56
80-flags and stakes and the use of pressurized air to 57
81-disintegrate and the suction to remove earth, rock, or other 58
82-materials for the location of underground facilities [shall 59
83-not be deemed excavation ]. Backfilling or moving earth on 60
84-the ground in connection with other excavation operations at 61
85-the same site shall not be deemed separate instances of 62
86-excavation. For railroads regulated by the Federal Railroad 63
87-Administration, "excavation" shall not include any 64
88-excavating done by a railroad when such excavating is done 65
89-entirely on land that the railroad owns or on which the 66
90-railroad operates, or in the event of an emergency, 67
91-excavating done by a railroad on adjacent land; 68
92- [(5)] (9) "Excavator", any person making one or more 69
93-excavations who is required to make notices of excavation 70
94-under the requirements of sections 319.010 to 319.050; 71
95- [(6)] (10) "Locate status", the underground facility 72
96-owner's designation of the status of the locate request to 73
97-the notification center which then makes that information 74 SS SCS SB 133 4
98-available to the person making the locate request through 75
99-electronic or other means; 76
100- (11) "Locator strip", a type of detectible underground 77
101-location device that consists of a plastic or other durable 78
102-material ribbon containing a material capable of being 79
103-detected from above ground with an electronic locating 80
104-device and color coded by type of underground facility; 81
105- (12) "Locator wire", a type of detect ible underground 82
106-location device that consists of a copper wire or metallic, 83
107-conductive, noncorrosive trace wire capable of being 84
108-detected from above ground with an electronic locating 85
109-device; 86
110- [(7)] (13) "Marking", the use of paint, flags, stakes , 87
111-or other clearly identifiable materials to show the field 88
112-location of underground facilities, or the area of proposed 89
113-excavation, in accordance with the marking standards for 90
114-underground facilities as designated by the Common Ground 91
115-Alliance Best Practices [Version 10.0] except that 92
116-"approximate location" shall comply with the requirements as 93
117-set forth in subdivision (1) of this section; 94
118- [(8)] (14) "Notification center", a statewide 95
119-organization operating twenty -four hours a day, three 96
120-hundred sixty-five days a year on a not -for-profit basis, 97
121-supported by a majority of the underground facility owners 98
122-in the state of Missouri; 99
123- [(9)] (15) "Notification center participant", an 100
124-underground facility owner who is a member and participant 101
125-in the notification center; 102
126- [(10)] (16) "Permitted project", a project for which a 103
127-permit for the work to be performed is required to be issued 104
128-by a local, state or federal agency and, as a prerequisite 105
129-to receiving such permit, the applicant is required to 106 SS SCS SB 133 5
130-notify all underground facility owners in the area of the 107
131-work for purposes of identifying the location of existing 108
132-underground facilities; 109
133- [(11)] (17) "Person", any individual, firm, joint 110
134-venture, partnership, corporation, associati on, cooperative, 111
135-municipality, political subdivision, governmental unit, 112
136-department or agency and shall include a notification center 113
137-and any trustee, receiver, assignee or personal 114
138-representative thereof; 115
139- [(12)] (18) "Pipeline facility" includes all parts of 116
140-a facility through which a hazardous liquid or gas moves in 117
141-transportation including, but not limited to, pipe, valves 118
142-and other appurtenances connected to pipe, pumping units, 119
143-fabricated assemblies associated with pumping units, 120
144-metering and delivery stations and fabricated assemblies 121
145-therein, and breakout tanks; 122
146- (19) "Reasonable care", includes compliance with 123
147-Common Ground Alliance Best Practices; 124
148- (20) "Start date of work", the date provided by the 125
149-excavator on the notic e of intent to excavate that 126
150-identifies the date of intention to begin excavation; 127
151- [(13)] (21) "State plane coordinates", a system of 128
152-locating a point on a flat plane developed by the National 129
153-Oceanic and Atmospheric Administration and utilized by state 130
154-agencies, local governments, and other persons to designate 131
155-the site of a construction project; 132
156- [(14)] (22) "Trenchless excavation", horizontal 133
157-excavation parallel to the surface of the earth which does 134
158-not use trenching or vertical diggin g as the primary means 135
159-of excavation, including but not limited to directional 136
160-boring, tunneling, or augering; 137 SS SCS SB 133 6
161- [(15)] (23) "Underground facility", any item of 138
162-personal property which shall be buried or placed below 139
163-ground for use in connection wi th the storage or conveyance 140
164-of water, storm drainage, sewage, telecommunications 141
165-service, broadband service, cable television service, 142
166-electricity, oil, gas, hazardous liquids or other 143
167-substances, and shall include but not be limited to pipes, 144
168-sewers, conduits, cables, valves, vaults, fiber optic or 145
169-other lines, wires, manholes, attachments, or appurtenances, 146
170-and those portions of pylons or other supports below ground 147
171-that are within any public or private street, road or alley, 148
172-right-of-way dedicated to the public use or utility easement 149
173-of record, or prescriptive easement. If gas distribution 150
174-lines or electric lines, telecommunications or broadband 151
175-facilities, cable television facilities, water service 152
176-lines, water system, storm drainage or s ewer system lines, 153
177-other than those used for vehicular traffic control, 154
178-lighting of streets and highways and communications for 155
179-emergency response, are located on private property and are 156
180-owned solely by the owner or owners of such private 157
181-property, such lines or facilities receiving service shall 158
182-not be considered underground facilities for purposes of 159
183-this chapter, except at locations where they cross or lie 160
184-within an easement or right -of-way dedicated to public use 161
185-or owned by a person other tha n the owner of the private 162
186-property. Water and sanitary sewer lines providing service 163
187-to private property that are owned solely by the owner of 164
188-such property shall not be considered underground facilities 165
189-at any location. A structure that transports only storm 166
190-water drainage under roadways, driveways, or railways shall 167
191-not be considered an underground facility; 168 SS SCS SB 133 7
192- [(16)] (24) "Underground facility owner", any person 169
193-who owns or operates underground facilities; 170
194- [(17)] (25) "Working day", every day, except Saturday, 171
195-Sunday or a legally declared state or federal holiday. 172
30+greater width; 10
31+ (2) "Best practices", the Common Ground Alliance Best 11
32+Practices for protecting vital underground facilities, 12
33+sponsored by the Department of Transportation as described 13 SCS SB 133 2
34+in 49 U.S.C. Section 6105(a), as amended. The Common Ground 14
35+Alliance Best Practices shall be read i n conjunction with 15
36+Missouri law; in any instance in which such best practices 16
37+conflict with state law, state law shall control; 17
38+ (3) "Careful and prudent", conducting excavation using 18
39+best practices; 19
40+ (4) "Design request", a request from any p erson for 20
41+facility location information for design purposes only; 21
42+ (5) "Detectible underground location device", any 22
43+device that is installed underground and that is capable of 23
44+being detected from above ground with an electronic locating 24
45+device, including a locator strip or locator wire; 25
46+ (6) "Electronic white lining", the process in which an 26
47+excavator identifies where a proposed excavation will occur 27
48+by drawing a polygon shape on a GIS map, transmitted in a 28
49+manner that may then be delivere d by the notification center 29
50+to its member operator; 30
51+ [(3)] (7) "Emergency", a sudden, unexpected 31
52+occurrence, presenting a clear and imminent danger demanding 32
53+immediate action to prevent or mitigate loss or damage to 33
54+life, health, property, or ess ential public services. 34
55+"Unexpected occurrence" includes, but is not limited to, 35
56+thunderstorms, high winds, ice or snow storms, fires, 36
57+floods, earthquakes, or other soil or geologic movements, 37
58+riots, accidents, water or wastewater pipe breaks, 38
59+vandalism, or sabotage; 39
60+ [(4)] (8) "Excavation", any operation in which earth, 40
61+rock or other material in or on the ground is moved, removed 41
62+or otherwise displaced by means of any tools, equipment or 42
63+explosives and includes, without limitation, backfillin g, 43
64+grading, trenching, digging, ditching, pulling material from 44
65+a ditch [but not including] not in conjunction with routine 45 SCS SB 133 3
66+road maintenance, drilling, well -drilling, augering, boring, 46
67+tunneling, scraping, cable or pipe plowing, plowing -in, 47
68+pulling-in, ripping, driving, and demolition of structures [, 48
69+except that,]. Exemptions to this definition include: 49
70+routine road maintenance, the use of mechanized tools and 50
71+equipment to break and remove pavement and masonry down only 51
72+to the depth of such paveme nt or masonry on roads dedicated 52
73+to the public use for vehicular traffic, the tilling of soil 53
74+for agricultural purposes when such excavation does not 54
75+exceed sixteen inches in depth, the installation of marking 55
76+flags and stakes and the use of pressurize d air to 56
77+disintegrate and the suction to remove earth, rock, or other 57
78+materials for the location of underground facilities [shall 58
79+not be deemed excavation ]. Backfilling or moving earth on 59
80+the ground in connection with other excavation operations at 60
81+the same site shall not be deemed separate instances of 61
82+excavation. For railroads regulated by the Federal Railroad 62
83+Administration, "excavation" shall not include any 63
84+excavating done by a railroad when such excavating is done 64
85+entirely on land that the railroad owns or on which the 65
86+railroad operates, or in the event of an emergency, 66
87+excavating done by a railroad on adjacent land; 67
88+ [(5)] (9) "Excavator", any person making one or more 68
89+excavations who is required to make notices of excavation 69
90+under the requirements of sections 319.010 to 319.050; 70
91+ [(6)] (10) "Locate status", the underground facility 71
92+owner's designation of the status of the locate request to 72
93+the notification center which then makes that information 73
94+available to the person mak ing the locate request through 74
95+electronic or other means; 75
96+ (11) "Locator strip", a type of detectible underground 76
97+location device that consists of a plastic or other durable 77 SCS SB 133 4
98+material ribbon containing a material capable of being 78
99+detected from above ground with an electronic locating 79
100+device and color coded by type of underground facility; 80
101+ (12) "Locator wire", a type of detectible underground 81
102+location device that consists of a copper wire or metallic, 82
103+conductive, noncorrosive trace wire capa ble of being 83
104+detected from above ground with an electronic locating 84
105+device; 85
106+ [(7)] (13) "Marking", the use of paint, flags, stakes, 86
107+or other clearly identifiable materials to show the field 87
108+location of underground facilities, or the area of propos ed 88
109+excavation, in accordance with the marking standards for 89
110+underground facilities as designated by the Common Ground 90
111+Alliance Best Practices [Version 10.0] except that 91
112+"approximate location" shall comply with the requirements as 92
113+set forth in subdivis ion (1) of this section; 93
114+ [(8)] (14) "Notification center", a statewide 94
115+organization operating twenty -four hours a day, three 95
116+hundred sixty-five days a year on a not -for-profit basis, 96
117+supported by a majority of the underground facility owners 97
118+in the state of Missouri; 98
119+ [(9)] (15) "Notification center participant", an 99
120+underground facility owner who is a member and participant 100
121+in the notification center; 101
122+ [(10)] (16) "Permitted project", a project for which a 102
123+permit for the work to be pe rformed is required to be issued 103
124+by a local, state or federal agency and, as a prerequisite 104
125+to receiving such permit, the applicant is required to 105
126+notify all underground facility owners in the area of the 106
127+work for purposes of identifying the location o f existing 107
128+underground facilities; 108 SCS SB 133 5
129+ [(11)] (17) "Person", any individual, firm, joint 109
130+venture, partnership, corporation, association, cooperative, 110
131+municipality, political subdivision, governmental unit, 111
132+department or agency and shall include a not ification center 112
133+and any trustee, receiver, assignee or personal 113
134+representative thereof; 114
135+ [(12)] (18) "Pipeline facility" includes all parts of 115
136+a facility through which a hazardous liquid or gas moves in 116
137+transportation including, but not limited t o, pipe, valves 117
138+and other appurtenances connected to pipe, pumping units, 118
139+fabricated assemblies associated with pumping units, 119
140+metering and delivery stations and fabricated assemblies 120
141+therein, and breakout tanks; 121
142+ (19) "Reasonable care", includes compliance with 122
143+Common Ground Alliance Best Practices; 123
144+ (20) "Start date of work", the date provided by the 124
145+excavator on the notice of intent to excavate that 125
146+identifies the date of intention to begin excavation; 126
147+ [(13)] (21) "State plane coordinates", a system of 127
148+locating a point on a flat plane developed by the National 128
149+Oceanic and Atmospheric Administration and utilized by state 129
150+agencies, local governments, and other persons to designate 130
151+the site of a construction project; 131
152+ [(14)] (22) "Trenchless excavation", horizontal 132
153+excavation parallel to the surface of the earth which does 133
154+not use trenching or vertical digging as the primary means 134
155+of excavation, including but not limited to directional 135
156+boring, tunneling, or augering; 136
157+ [(15)] (23) "Underground facility", any item of 137
158+personal property which shall be buried or placed below 138
159+ground for use in connection with the storage or conveyance 139
160+of water, storm drainage, sewage, telecommunications 140 SCS SB 133 6
161+service, broadband service, cable television service, 141
162+electricity, oil, gas, hazardous liquids or other 142
163+substances, and shall include but not be limited to pipes, 143
164+sewers, conduits, cables, valves, vaults, fiber optic or 144
165+other lines, wires, manholes, attachments, or appurtenances, 145
166+and those portions of pylons or other supports below ground 146
167+that are within any public or private street, road or alley, 147
168+right-of-way dedicated to the public use or utility easement 148
169+of record, or prescriptive easement. If gas distribution 149
170+lines or electric lines, telecommunications or broadband 150
171+facilities, cable television facilities, water service 151
172+lines, water system, storm drainage or sewer system lines, 152
173+other than those used for vehicular traffic control, 153
174+lighting of streets and highways and communic ations for 154
175+emergency response, are located on private property and are 155
176+owned solely by the owner or owners of such private 156
177+property, such lines or facilities receiving service shall 157
178+not be considered underground facilities for purposes of 158
179+this chapter, except at locations where they cross or lie 159
180+within an easement or right -of-way dedicated to public use 160
181+or owned by a person other than the owner of the private 161
182+property. Water and sanitary sewer lines providing service 162
183+to private property that are o wned solely by the owner of 163
184+such property shall not be considered underground facilities 164
185+at any location. A structure that transports only storm 165
186+water drainage under roadways, driveways, or railways shall 166
187+not be considered an underground facility; 167
188+ [(16)] (24) "Underground facility owner", any person 168
189+who owns or operates underground facilities; 169
190+ [(17)] (25) "Working day", every day, except Saturday, 170
191+Sunday or a legally declared state or federal holiday. 171 SCS SB 133 7
196192 319.019. The underground facility owner shall ensure 1
197193 that all new and active underground facilities installed on 2
198194 any real property after August 28, 2025, with the exception 3
199195 of storm sewers and sanitary sewer mains and laterals 4
200196 installed at depths more than six feet, sh all be installed 5
201197 with a detectible underground location device unless the 6
202198 facility is capable of being detected from above ground with 7
203199 an electronic locating device. 8
204200 319.022. 1. Any person, except a railroad regulated 1
205201 by the Federal Railroad Administration, who installs or 2
206202 otherwise owns or operates an underground facility shall 3
207203 become a participant in a notification center upon first 4
208204 acquiring or owning or operating such underground facility. 5
209205 All underground facility owners wi thin the state shall 6
210206 maintain participation in a notification center for the 7
211207 duration of owning and operating such underground facility. 8
212208 2. Such notification center shall be governed by a 9
213209 board of directors elected by the membership and composed o f 10
214210 representatives from the general membership group , plus four 11
215-voting directors, elected by the board of directors, from 12
216-other damage prevention stakeholders within the construction 13
217-industry, three of whom shall be from a heavy civil, site 14
218-grading, road or highway contractor and one of whom shall be 15
219-from a utility or underground contractor; provided, however, 16
220-that none of the directo rs, elected by the board of 17
221-directors, shall work for a contractor that owns or operates 18
222-an underground facility. All directors shall be subject to 19
223-the bylaws and policies of the notification center . 20 SS SCS SB 133 8
211+voting directors from other damage prevention stakeholders 12
212+within the construction industry, three of whom shall be 13
213+from a heavy civil, site grading, road or highway contractor 14
214+and one of whom shall be from a utility or underground 15
215+contractor; provided, however, that none of the directors 16
216+appointed shall work for a contractor that owns or operates 17
217+an underground facility. The appointed directors shall be 18
218+subject to the bylaws and polic ies of the notification 19
219+center. 20
224220 [2.] 3. The notification center shall maintain in its 21
225221 offices and make available to any notification center 22
226222 participant or excavator upon request a current list of the 23
227-names and addresses of each notification center participant, 24
223+names and addresses of each notification cente r participant, 24 SCS SB 133 8
228224 including the county or counties wherein each participant 25
229225 has underground facilities. The notification center may 26
230226 charge a reasonable fee to notification center participants 27
231227 or excavators requesting such list as is necessary to 28
232228 recover the actual costs of printing and mailing. 29
233229 [3.] 4. Excavators shall be informed of the 30
234230 availability of the list of notification center participants. 31
235231 [4.] 5. An annual audit or review of the notification 32
236232 center shall be performed by a certified public accountant 33
237233 and a report of the findings submitted to the speaker of the 34
238234 house of representatives and the president pro tem of the 35
239235 senate. 36
240236 319.024. 1. Every person owning or operating an 1
241237 underground facility shall assist ex cavators and the general 2
242238 public in determining the location of underground facilities 3
243239 before excavation activities are begun or as may be required 4
244240 by subsection [6] 7 of section 319.026 or subsection 1 of 5
245241 section 319.030 after an excavation has commenc ed. Methods 6
246242 of informing the public and excavators of the means of 7
247243 obtaining such information may, but need not, include 8
248244 advertising, including advertising in periodicals of general 9
249245 circulation or trade publications, information provided to 10
250246 professional or trade associations which routinely provide 11
251247 information to excavators or design professionals, or 12
252248 sponsoring meetings of excavators and design professionals 13
253249 for such purposes. Information provided by the notification 14
254-center on behalf of persons owning or operating an 15 SS SCS SB 133 9
250+center on behalf of persons owning or operating an 15
255251 underground facility shall be deemed in compliance with this 16
256252 section by such persons. 17
257253 2. Every person owning or operating underground 18
258254 pipeline facilities shall, in addition to the requirements 19
259-of subsection 1 of this section: 20
255+of subsection 1 of this sectio n: 20 SCS SB 133 9
260256 (1) Identify on a current basis persons who normally 21
261257 engage in excavation activities in the area in which the 22
262258 pipeline is located. Every such person who is a participant 23
263259 in a notification center shall be deemed to comply with this 24
264260 subdivision if such notification center maintains and 25
265261 updates a list of the names and addresses of all excavators 26
266262 who have given notice of intent to excavate to such 27
267263 notification center during the previous year and provided 28
268264 the notification center shall, not less frequently than 29
269265 annually, provide public notification and actual 30
270266 notification to all excavators on such list of the existence 31
271267 and purpose of the notification center, and procedures for 32
272268 obtaining information from the notification center; 33
273269 (2) Either directly or through the notification 34
274270 center, notify excavators and the public in the vicinity of 35
275271 his [or], her, or its underground pipeline facility of the 36
276272 availability of the notification center by including the 37
277273 information set out in subsection 1 of section 319.025 in 38
278274 notifications required by the safety rules of the Missouri 39
279275 public service commission relating to its damage prevention 40
280276 program; 41
281277 (3) Notify excavators annually who give notice of 42
282278 their intent to excavate of the type of markin g to be 43
283279 provided and how to identify the markings. 44
284280 319.025. 1. Except as provided in subsection 4 of 1
285281 section 319.030 and in section 319.050, [a person] an 2
286-excavator shall not make or begin any excavation in any 3 SS SCS SB 133 10
282+excavator shall not make or begin any excavation in any 3
287283 public street, road or alley, right-of-way dedicated to the 4
288284 public use or utility easement of record or within any 5
289285 private street or private property [without first giving ] 6
290286 until such excavator gives notice to the notification center 7
291-and [obtaining] obtains information concerning the possible 8
287+and [obtaining] obtains information concerning the possible 8 SCS SB 133 10
292288 location of any underground facilities which may be affected 9
293289 by said excavation from underground facility owners whose 10
294290 names appear on the current list of participants in the 11
295291 notification center and who were communicated to the 12
296292 excavator as notification center participants who would be 13
297293 informed of the excavation notice. Notice to the 14
298294 notification center of proposed excavation shall be deemed 15
299295 notice to all owners and operators of underground facilities 16
300-and shall have an operational life ending at 11:59 p.m. 17
301-twenty-one consecutive calendar days from the start date of 18
302-work. The notice referred to in this section shall comply 19
303-with the provisions of section 319.026. 20
296+and shall have an operat ional life ending at 11:59 pm twenty - 17
297+one consecutive calendar days from the start date of work . 18
298+The notice referred to in this section shall comply with the 19
299+provisions of section 319.026. 20
304300 2. An excavator's notice to owners and operators of 21
305301 underground facilities participating in the notification 22
306302 center pursuant to section 319.022 is ineffective for 23
307303 purposes of subsection 1 of this section unless given to 24
308304 such notification center. 25
309305 3. Notification center participants shall be relieved 26
310306 of the responsibility to respond to a notice of intent to 27
311307 excavate received directly from the person intending to 28
312308 commence an excavation, except for requests for 29
313309 clarification of markings through on -site meetings as 30
314310 provided in subsection 1 of section 319 .030 and requests for 31
315311 locations at the time of an emergency as provided by section 32
316312 319.050. 33
317313 4. Notwithstanding the provisions of this section to 34
318-the contrary, a person shall not make or begin any 35 SS SCS SB 133 11
314+the contrary, a person shall not make or begin any 35
319315 excavation in any state highway, or on the right -of-way of 36
320316 any state highway, without first obtaining a permit from the 37
321317 state highways and transportation commission pursuant to 38
322-section 227.240, provided however, the provisions of this 39
318+section 227.240, provided however, the provisions of this 39 SCS SB 133 11
323319 subsection shall not apply to railroad right -of-way owned or 40
324320 operated by a railroad. 41
325321 319.026. 1. An excavator shall serve notice of intent 1
326322 to excavate to the notification center by toll -free 2
327323 telephone number operated on a twenty -four hour per-day, 3
328324 seven day per-week basis [or by facsimile] or by completing 4
329325 notice via the internet at least two working days, but not 5
330326 more than ten working days, before the expected date of 6
331327 commencing the excavation activity. The notification center 7
332328 receiving such notice shall inform the excavator of all 8
333329 notification center participants to whom such notice will be 9
334330 transmitted and shall promptly transmit all details of such 10
335331 notice provided under subsection 2 of this section to every 11
336332 notification center participant in the area of excavation. 12
337333 2. Notices of intent to excavate given pursuant to 13
338334 this section shall contain the following information: 14
339335 (1) The name and telephone number of the person filing 15
340336 the notice of excavation, if the telephone number is 16
341337 different than that of the excavator, and the name , address, 17
342338 and telephone number of the excavator [and whether the 18
343339 excavator's telephone is equipped with a recording device ]; 19
344340 (2) The date the excavation activity is expected to 20
345341 commence, the depth of planned excavation and, if 21
346342 applicable, that the use of explosives is anticipated on the 22
347343 excavation site, and the type of excavation being planned, 23
348344 including whether the excavation involves trenchless 24
349-excavation; 25 SS SCS SB 133 12
345+excavation; 25
350346 (3) The [facsimile number,] email address[,] and 26
351347 cellular telephone number of t he excavator, if any; 27
352348 (4) The name of the person primarily responsible for 28
353349 conducting the excavation or managing the excavation 29
354-process, and if any of the information stated in subdivision 30
350+process, and if any of the information stated in subdivision 30 SCS SB 133 12
355351 (1) or (3) of this subsection is different for the person 31
356352 primarily responsible for the excavation, the notice shall 32
357353 also state the same information for that person; 33
358354 (5) A detailed description accepted by the 34
359355 notification center sufficient for the location of the 35
360356 excavation by any one or more of the fol lowing means: by 36
361357 reference to a specific street address, or by description of 37
362358 location in relation to the nearest numbered, lettered, or 38
363359 named state or county road or city street for which a road 39
364360 sign is posted, or by latitude and longitude including the 40
365361 appropriate description in degrees, minutes, and seconds, or 41
366362 by state plane coordinates; 42
367363 (6) A description of the site of excavation by 43
368364 approximate distance and direction from the nearest state or 44
369365 county road or city street or intersection of such roads or 45
370366 streets unless previously provided under subdivision (5) of 46
371367 this subsection, and the proximity of the site to any 47
372368 prominent landmarks; 48
373369 (7) A description of the location or locations of the 49
374370 excavation at the site described by direct ion and 50
375371 approximate distance in relation to prominent features of 51
376372 the site, such as existing buildings or roadways; 52
377373 (8) Directions as to how to reach the site of the 53
378374 excavation from the nearest such road, if the excavation is 54
379375 not on or near a pos ted numbered, lettered, or named state 55
380-or county road or city street. 56 SS SCS SB 133 13
376+or county road or city street. 56
381377 3. When the location of the planned excavation cannot 57
382378 be clearly identified solely by the means described in 58
383379 subdivision (5) of subsection 2 of this section, the 59
384380 excavator may also designate the planned excavation route or 60
385381 area to be excavated by physical white lining using white 61
386-paint, stakes, whiskers, or other similar markings on and 62
382+paint, stakes, whiskers, or other similar markings on and 62 SCS SB 133 13
387383 along the area to be excavated, or by electronic white 63
388384 lining when available through the notification center. Such 64
389385 information may be provided to the notification center prior 65
390386 to or with the notification required under this section. 66
391387 Nothing in this section shall conflict with sections 67
392388 319.024, 319.025, or 319.030. 68
393389 4. The notification center receiving such notice shall 69
394390 solicit all information required by subsection 2 of this 70
395391 section and shall require the excavator to provide all such 71
396392 information before notice by the excavator is deemed to be 72
397393 completed pursuant to sections 319.015 to 319.050. The 73
398394 notification center shall transmit all details of such 74
399395 notice as required by this section. 75
400396 [4.] 5. A record of each notice of intent to excavate 76
401397 shall be maintained by the notification center for a period 77
402398 of five years. The record shall include the date the notice 78
403399 was received and all information required by subsection 2 of 79
404400 this section which was provided by the excavator and a 80
405401 record of the underground facility owners notified by the 81
406402 notification center. If the notification center creates a 82
407403 record of the notice by telephonic recording, such record of 83
408404 the original notice shall be maintained for one year from 84
409405 the date of receipt. Records of notices to excavate 85
410406 maintained by the notification center in electronic form 86
411407 shall be deemed to be records under this subsection. 87
412-Persons holding records of noti ces of intent to excavate and 88 SS SCS SB 133 14
408+Persons holding records of notices of intent to excavate and 88
413409 records of information provided to the excavator by the 89
414410 notification center or owner or operator of the facility 90
415411 shall make copies of such r ecords available for a reasonable 91
416412 copying fee upon the request of the owner or operator of the 92
417-underground facilities or the excavator filing the notice. 93
413+underground facilities or the excavator filing the notice. 93 SCS SB 133 14
418414 [5.] 6. If in the course of excavation the person 94
419415 responsible for the excavation operations d iscovers that the 95
420416 owner or operator of the underground facility who is a 96
421417 participant in a notification center has incorrectly located 97
422-the underground facility, or discovers an underground 98
423-facility that is not marked, he or she shall notify the 99
424-notification center which shall inform the underground 100
418+the underground facility, or if the discovery of an 98
419+underground facility is not marked, he or she shall notify 99
420+the notification center which shall inform the underground 100
425421 facility owner. The underground facility owner shall 101
426422 respond to the incorrect locate notification within two 102
427423 hours of receipt of the notification by contacting the 103
428424 person responsible for the excavat ion or by correctly 104
429425 locating their underground facility. The person responsible 105
430426 for maintaining records of the location of underground 106
431427 facilities for the notification center participant shall 107
432428 correct such records to show the actual location of such 108
433429 facilities, if current records are incorrect. 109
434430 [6.] 7. When markings have been provided in response 110
435431 to a notice of intent to excavate, excavators may commence 111
436432 or continue to work within the area described in the notice 112
437433 [for so] until the notice of i ntent to excavate expiration 113
438434 date as long as the markings are visible. If an excavator 114
439435 is unable to begin the excavation within ten working days as 115
440436 described in the request, the excavator shall make a 116
441437 relocate request before beginning the excavation. If 117
442438 markings become unusable due to weather, construction or 118
443439 other cause, the excavator shall contact the notification 119
444-center to request remarking. Such notice shall be given in 120 SS SCS SB 133 15
440+center to request remarking. Such notice shall be given in 120
445441 the same manner as original notice of intent to excavate, 121
446442 and the owner or operator shall remark the site in the same 122
447443 manner, within the same time, as required in response to an 123
448444 original notice of intent to excavate. Each excavator shall 124
449-exercise reasonable care not to unnecessarily disturb or 125
445+exercise reasonable care not to unnecessarily disturb or 125 SCS SB 133 15
450446 obliterate markings provided for location of underground 126
451447 facilities. If remarking is required due to the excavator's 127
452448 failure to exercise reasonable care, or if repeated 128
453449 unnecessary requests for remarking are made by an excavator 129
454450 even though the markings are visible and usable, t he 130
455451 excavator may be liable to the owner or operator for the 131
456452 reasonable cost of such remarking. Nothing in this section 132
457453 shall allow any person other than the facility owner or 133
458454 their representative to mark or relocate any underground 134
459455 facility. 135
460456 [7.] 8. Before commencing excavation, the excavator 136
461457 shall determine best practices for confirming the horizontal 137
462458 and vertical location of facilities at the site of 138
463459 excavation considering conditions at the site including 139
464460 geology, access to the site, and t he presence of paved 140
465461 surfaces. Hand digging or soft digging shall be used as a 141
466462 best practice when possible. 142
467463 [8.] 9. In the event of any damage, dislocation, or 143
468464 disturbance of any underground facility in connection with 144
469465 any excavation, the person responsible for the excavation 145
470466 operations shall notify the notification center. This 146
471467 subsection shall be deemed to require reporting of any 147
472468 damage, dislocation, or disturbance to trace wires, 148
473469 encasements, cathode protection, permanent above -ground 149
474470 stakes, or other such items utilized for protection of the 150
475471 underground facility. The excavator shall immediately 151
476-contact 911 when any damage or contact with a pipeline 152 SS SCS SB 133 16
472+contact 911 when any damage or contact with a pipeline 152
477473 results in a release from the pipeline of hazardous liquid 153
478474 or gas to occur. 154
479475 [9.] 10. In the event of any damage, dislocation, or 155
480476 disturbance to any underground facility or any protective 156
481-devices required to be reported by the excavator under 157
477+devices required to be reported by the excavator under 157 SCS SB 133 16
482478 subsection [8] 9 of this section in advance of or during the 158
483479 excavation work, the person responsible for the excavation 159
484480 operations shall not conceal or attempt to conceal such 160
485481 damage, dislocation, or disturbance, nor shall that person 161
486482 attempt to make repairs to the facility unless authorized by 162
487483 the underground facility owner. In the case of sewer lines 163
488484 or facilities, emergency temporary repairs may be made by 164
489485 the excavator after notification without the owners' or 165
490486 operators' authorization to prevent further damage to the 166
491487 facilities. Such emergency repairs shall not relieve the 167
492488 excavator of responsibility to make notification as required 168
493489 by subsection [8] 9 of this section. 169
494490 [10.] 11. No later than [April 1, 2015, and each year 170
495491 thereafter] the date determined annually by Common Ground 171
496492 Alliance, or any successor organization , each underground 172
497493 facility owner who owns or operates electric, gas, or 173
498494 pipeline facilities shall submit to a central repository 174
499495 designated by the notification center a report of damages 175
500496 experienced by its facilities for the prior calendar year. 176
501497 The notification center shall determine the minimum 177
502498 information to be reported. All data submitted shall be 178
503499 aggregated and anonymous. Information provided by the 179
504500 underground facility owner specific to damage data submitted 180
505501 shall be accessible only to the u nderground facility owner 181
506502 unless otherwise designated by the underground facility 182
507-owner. 183 SS SCS SB 133 17
503+owner. 183
508504 319.027. 1. Any person may make design requests by 1
509505 contacting the notification center. Such design requests 2
510506 shall include all information dee med necessary by the 3
511507 notification center to complete the notice, including the 4
512-identification of the person and a description of the 5
508+identification of the person and a description of the 5 SCS SB 133 17
513509 location of the project being designed and other information 6
514510 similar to that required of excavators under section 319.0 26. 7
515511 2. Design requests shall be made to the notification 8
516512 center at least five working days [, but not more than ten 9
517513 working days,] before the date the person has requested 10
518514 receiving the information from the underground facility 11
519515 owner. Upon receipt of a design request, the notification 12
520516 center shall inform the person of the name of all 13
521517 notification center participants to whom the notice will be 14
522518 transmitted and shall promptly transmit such notice to the 15
523519 appropriate underground facility owners. 16
524520 3. Every underground facility owner who receives a 17
525521 design request shall mark the location of the facility, or 18
526522 contact the person making the request, within five working 19
527523 days after the date the notice was received from the 20
528524 notification center. If the person making the request was 21
529525 contacted as an alternative to marking location, the person 22
530526 and the underground facility owner shall mutually agree on a 23
531527 schedule and method for providing the information, provided 24
532528 that the facility shall be marked with in five working days 25
533529 if the facility owner and the person making the request are 26
534530 unable to agree. 27
535531 4. No excavation may be commenced based upon 28
536532 information received through a design request. Obtaining 29
537533 information through a design request shall no t excuse any 30
538534 person commencing an excavation from making notice and 31
539-obtaining information under sections 319.025 and 319.026 32 SS SCS SB 133 18
535+obtaining information under sections 319.025 and 319.026 32
540536 concerning the possible location of any underground 33
541537 facilities which may be affected. 34
542538 319.030. 1. Every person owning or operating an 1
543539 underground facility to whom notice of intent to excavate is 2
544-required to be given shall, upon receipt of such notice as 3
540+required to be given shall, upon receipt of such notice as 3 SCS SB 133 18
545541 provided in this section from a person intending to commence 4
546542 an excavation, inform the excavator as prom ptly as 5
547543 practical, but not in excess of two working days, unless the 6
548544 excavator agrees to extend the start date and time provided 7
549545 in the locate request through methods established by the 8
550546 notification center, of the approximate location of 9
551547 underground facilities in or near the area of the excavation 10
552548 so as to enable the person engaged in the excavation work to 11
553549 locate the facilities in advance of and during the 12
554550 excavation work, provided that no excavation shall begin 13
555551 earlier than the scheduled excavati on date provided on the 14
556552 locate request unless the excavator has confirmed that all 15
557553 underground facilities have been located. The two working 16
558554 days provided for notice in this subsection and subsection 1 17
559555 of section 319.026 shall begin at 12:00 a.m. foll owing the 18
560556 receipt of the request by the notification center. Each 19
561557 underground facility owner receiving notifications from the 20
562558 notification center by use of the internet shall, after 21
563559 December 31, 2014, use the locate status system provided by 22
564560 the notification center. Those underground facility owners 23
565561 that do not receive notifications by use of the internet 24
566562 shall, no later than January 1, 2016, provide locate status 25
567563 to the notification center by an alternate method provided 26
568564 by the notification cent er. If the excavator states in the 27
569565 notice of intent to excavate that the excavation will 28
570566 involve trenchless technology, the owner or operator shall 29
571-inform the excavator of the depth, to the best of his [or], 30 SS SCS SB 133 19
567+inform the excavator of the depth, to the best of his [or], 30
572568 her, or its knowledge or ability, of the fa cility according 31
573569 to the records of the owner or operator. The owner or 32
574570 operator shall provide the approximate location of 33
575571 underground facilities by use of markings as designated in 34
576-section 319.015. Persons representing the excavator and the 35
572+section 319.015. Persons representing the excavator and the 35 SCS SB 133 19
577573 owner or operator shall meet on the site of excavation 36
578574 within two working days of a request by either person for 37
579575 such meeting for the purpose of clarifying markings, or upon 38
580576 agreement of the excavator and owner or operator, such 39
581577 meeting may be an alternate mea ns of providing the location 40
582578 of facilities by originally marking the approximate location 41
583579 of the facility at the time of the meeting. If upon receipt 42
584580 of a notice of intent to excavate, an owner or operator 43
585581 determines that he or she neither owns or ope rates 44
586582 underground facilities in or near the area of excavation, 45
587583 the owner or operator shall within two working days after 46
588584 receipt of the notice, inform the excavator that the owner 47
589585 or operator has no facilities located in the area of the 48
590586 proposed excavation. The owner or operator of the 49
591587 underground facility shall make notice to the excavator that 50
592588 no facilities are located in the area of excavation by 51
593589 contacting the excavator by any of the following methods: 52
594590 (1) By calling the primary number o f the excavator or 53
595591 by calling the telephone number of the responsible person as 54
596592 provided by the excavator under subdivision (4) of 55
597593 subsection 2 of section 319.026; 56
598594 (2) By leaving a message on the recording device for 57
599595 such numbers; 58
600596 (3) By calling the cellular telephone number of the 59
601597 excavator or responsible person; 60
602598 (4) By notifying the excavator by [facsimile or] 61
603-electronic mail at [numbers or] addresses stated by the 62 SS SCS SB 133 20
599+electronic mail at [numbers or] addresses stated by the 62
604600 excavator in the notice of excavation made under subsection 63
605601 2 of section 319.026; 64
606602 (5) By marking "clear" or "OK" at the site of 65
607603 excavation; 66
608- (6) By verbally informing the excavator in person. 67
604+ (6) By verbally informing the excavator in person. 67 SCS SB 133 20
609605 If the only means of contacting the excavator is one or more 68
610606 telephone numbers provided by the excavator in the noti ce of 69
611607 excavation under section 319.026, then two attempts by the 70
612608 underground facility owner to contact the excavator at one 71
613609 of the telephone numbers provided shall constitute 72
614610 compliance with this subsection; or 73
615611 (7) By use of a locate status system . 74
616612 2. A record of the date and means of informing the 75
617613 excavator that no facilities were located by the owner or 76
618614 operator shall be included in the written records of the 77
619615 underground facility owner regarding each specific notice of 78
620616 excavation and shall be retained for a period of five years. 79
621617 3. If the owner or operator notifies the excavator 80
622618 that the area of excavation cannot be determined from the 81
623619 description provided by the excavator through the notice 82
624620 required by this section, the excavat or shall provide 83
625621 clarification of the area of excavation by marking the area 84
626622 with white flags or white paint, or by providing project 85
627623 plans to the owner or operator, or by meeting on the site of 86
628624 the excavation with representatives of the owner or opera tor 87
629625 as provided for in this section. 88
630626 4. In the event that a person owning or operating an 89
631627 underground facility fails to comply with the provisions of 90
632628 subsection 1 of this section after notice given by an 91
633629 excavator in compliance with section 319.0 26, the excavator, 92
634-prior to commencing the excavation, shall give a second 93 SS SCS SB 133 21
630+prior to commencing the excavation, shall give a second 93
635631 notice to the notification center as required by section 94
636632 319.026 stating that there has been no response to the 95
637633 original notice given under section 319.026. After the 96
638634 receipt of the notice stating there has been "no response", 97
639635 the owner or operator of an underground facility shall, 98
640-within two hours of the receipt of such notice, mark its 99
636+within two hours of the receipt of such notice, mark its 99 SCS SB 133 21
641637 facilities or contact and inform the excavator of when the 100
642638 facilities will be marked; p rovided, however, that for "no 101
643639 response" notices made to the notification center by 2:00 102
644640 p.m., the markings shall be completed on the working day the 103
645641 notice is made to the notification center, and provided that 104
646642 for "no response" notices made to the not ification center 105
647643 after 2:00 p.m., the markings shall be completed no later 106
648644 than 10:00 a.m. on the next working day. If an underground 107
649645 facility owner fails to mark its facilities or contact the 108
650646 excavator as required by this subsection, the excavator ma y 109
651647 commence the excavation. Nothing in this subsection shall 110
652648 excuse the excavator from exercising the degree of care in 111
653649 making the excavation as is otherwise required by law. 112
654650 5. For purposes of this section, a period of two 113
655651 working days begins at 12:00 a.m. following when the request 114
656652 is made. 115
657653 319.031. 1. In addition to the other requirements of 1
658654 section 319.030, the response to a notice of intent to 2
659655 excavate received by a sewer system owner, when such owner 3
660656 has underground facilities located in the area of excavation 4
661657 identified in the notice and when the notice indicates that 5
662658 trenchless excavation methods will be used, shall include a 6
663659 determination of whether sewer service connections exist in 7
664660 the area of the excavation. 8
665661 2. If the sewer system owner determines that sewer 9
666-service connections exist in the area of the excavation 10 SS SCS SB 133 22
662+service connections exist in the area of the excavation 10
667663 identified in a notice of intent to excavate, the owner 11
668664 shall provide his [or], her, or its best available 12
669665 information, or notice that the information does not exist, 13
670666 regarding the location of such connections to the excavator 14
671-by any of the following methods: 15
667+by any of the following methods: 15 SCS SB 133 22
672668 (1) Placing a triangular green mark at the approximate 16
673669 location of the sewer service connection pointing in the 17
674670 direction of the customer structure serviced; 18
675671 (2) Providing electronic copies of the information to 19
676672 the excavator; 20
677673 (3) Delivering copies of the information to the 21
678674 excavator by [facsimile or by] other agreed upon means; or 22
679675 (4) Arranging to meet the excavator at the site of the 23
680676 excavation to provide the information. 24
681677 3. Providing the best available information, or notice 25
682678 that the information does not exist, regarding the location 26
683679 of sewer service connections that exist in the area of 27
684680 excavation identified in a notice of intent to excavate 28
685681 shall constitute full compliance with this section, and a 29
686682 sewer system owner shall not be liable to any party for 30
687683 damages or injuries resulting from an excavation if they are 31
688684 in compliance with this secti on. 32
689685 4. Providing the best available information regarding 33
690686 the location of sewer service connections that exist in the 34
691687 area of excavation identified in a notice of intent to 35
692688 excavate shall not in and of itself constitute ownership, 36
693689 operation, control, or management of sewer service lines by 37
694690 a sewer system owner. 38
695691 319.034. For purposes of sections 319.010 to 319.050, 1
696692 the location of underground facilities provided by a 2
697693 facility owner or operator in accordance with section 3
698-319.026 to any person engaging in scheduled excavating shall 4 SS SCS SB 133 23
699-be accurate. If any underground facility is damaged by an 5
700-excavator due to the furnishing of incorrect information by 6
701-the facility owner or operator, the excavator shall not be 7
702-subject to any liability resulting from damage to the 8
703-underground facility as a result of the excavating , provided 9
704-that such person engaging in scheduled excavating complies 10
705-with the requirements of sections 319.010 to 319.050 with 11
706-respect to such excavation and there is no evidence visible 12
707-and obvious to the excavator of the presence of a mismarked 13
708-underground facility. 14
694+319.026 to any person engaging in scheduled excavating shall 4
695+be accurate. If any underground facility becomes damaged by 5
696+an excavator due to the furnishing of incorrect information 6
697+as to its location by the facility owner or operator, the 7
698+excavator shall not be subject to any liability resulting 8
699+from damage to the underground facility as a result of the 9 SCS SB 133 23
700+excavating, provided that such person engaging in scheduled 10
701+excavating complies with the requirements of sections 11
702+319.010 to 319.050 with respect to su ch excavation and there 12
703+is no evidence visible and obvious to the excavator of the 13
704+presence of a mismarked underground facility. 14
709705 319.035. 1. Obtaining information as required by 1
710706 sections 319.010 to 319.050 does not excuse any person 2
711707 making any excavation from doing so in a careful and prudent 3
712708 manner. 4
713709 2. Nothing in sections 319.010 to 319.050 shall 5
714710 relieve an excavator from the obligation to excavate in a 6
715711 safe and prudent manner, nor shall it absolve an excavator 7
716712 from liability for damage to underground facilities except 8
717713 as provided in section 319.034 . 9
718714 3. The failure of any excavator to give notice of 10
719715 proposed excavation activities as required by this chapter 11
720716 shall be a rebuttable presumption of negligence on his or 12
721717 her part in the event that such failure shall cause injury, 13
722718 loss, or damage. In addition to any penalties provided 14
723719 herein, liability under common law may apply. 15
724720 4. The failure of an underground facility owner or a 16
725721 locator or other contractor en gaged by the facility owner to 17
726722 mark [his or her] the facility owner's facilities that are 18
727723 located in an area of excavation described in a notice of 19
728724 intent to excavate received by the underground facility 20
729725 owner, as required by section 319.030, or the fa ilure of an 21
730-underground facility owner to be a notification center 22 SS SCS SB 133 24
726+underground facility owner to be a notification center 22
731727 participant, consistent with the provisions of section 23
732728 319.022, shall be a rebuttable presumption of negligence on 24
733729 the part of such owner , and of the locator or other 25
734730 contractor engaged by the facility owner, in the event that 26
735-such failure shall cause injury, loss, or damage. In 27
731+such failure shall cause injury, loss, or damage. In 27 SCS SB 133 24
736732 addition to any penalties provided herein, liability under 28
737733 common law may apply. 29
738734