EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
[PERFECTED]
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 133
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR FITZWATER.
0382S.05P KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 319.015, 319.022, 319.024, 319.025, 319.026, 319.027, 319.030, 319.031, and
319.035, RSMo, and to enact in lieu thereof eleven new sections relating to
underground facilities.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 319.015, 319.022, 319.024, 319.025, 1
319.026, 319.027, 319.030, 319.031, and 319.035, RSMo, are 2
repealed and eleven new sections enacted in lieu thereof, to be 3
known as sections 319.015, 319.019, 319.022, 319.024, 319.025, 4
319.026, 319.027, 319.0 30, 319.031, 319.034, and 319.035, to 5
read as follows:6
319.015. For the purposes of sections 319.010 to 1
319.050, the following terms mean: 2
(1) "Approximate location", a strip of land not wider 3
than the width of the underground facility plus two feet on 4
either side thereof. In situations where reinforced 5
concrete, multiplicity of adjacent facilities or other 6
unusual specified conditions interfere with location 7
attempts, the owner or operator shall designate to the best 8
of his [or], her, or its ability an approximate location of 9
greater width; 10 SS SCS SB 133 2
(2) "Best practices", the damage prevention 11
recommended standard for protecting vital underground 12
facilities issued by the Common Ground Alliance, sponsored 13
by the Department of Transportat ion as described in 49 14
U.S.C. Section 6105(a), as amended. The Common Ground 15
Alliance Best Practices shall be read in conjunction with 16
Missouri law; in any instance in which such best practices 17
conflict with state law, state law shall control; 18
(3) "Careful and prudent", conducting excavation using 19
best practices; 20
(4) "Design request", a request from any person for 21
facility location information for design purposes only; 22
(5) "Detectible underground location device", any 23
device that is installed underground and that is capable of 24
being detected from above ground with an electronic locating 25
device, including a locator strip or locator wire; 26
(6) "Electronic white lining", the process in which an 27
excavator identifies where a prop osed excavation will occur 28
by drawing a polygon shape on a GIS map, transmitted in a 29
manner that may then be delivered by the notification center 30
to its member operator; 31
[(3)] (7) "Emergency", a sudden, unexpected 32
occurrence, presenting a clear a nd imminent danger demanding 33
immediate action to prevent or mitigate loss or damage to 34
life, health, property, or essential public services. 35
"Unexpected occurrence" includes, but is not limited to, 36
thunderstorms, high winds, ice or snow storms, fires, 37
floods, earthquakes, or other soil or geologic movements, 38
riots, accidents, water or wastewater pipe breaks, 39
vandalism, or sabotage; 40
[(4)] (8) "Excavation", any operation in which earth, 41
rock or other material in or on the ground is moved, remov ed 42 SS SCS SB 133 3
or otherwise displaced by means of any tools, equipment or 43
explosives and includes, without limitation, backfilling, 44
grading, trenching, digging, ditching, pulling material from 45
a ditch [but not including] not in conjunction with routine 46
road maintenance, drilling, well -drilling, augering, boring, 47
tunneling, scraping, cable or pipe plowing, plowing -in, 48
pulling-in, ripping, driving, and demolition of structures [, 49
except that,]. Exemptions to this definition include: 50
routine road maintenance, the use of mechanized tools and 51
equipment to break and remove pavement and masonry down only 52
to the depth of such pavement or masonry on roads dedicated 53
to the public use for vehicular traffic, the tilling of soil 54
for agricultural purposes when such excav ation does not 55
exceed sixteen inches in depth, the installation of marking 56
flags and stakes and the use of pressurized air to 57
disintegrate and the suction to remove earth, rock, or other 58
materials for the location of underground facilities [shall 59
not be deemed excavation ]. Backfilling or moving earth on 60
the ground in connection with other excavation operations at 61
the same site shall not be deemed separate instances of 62
excavation. For railroads regulated by the Federal Railroad 63
Administration, "excavation" shall not include any 64
excavating done by a railroad when such excavating is done 65
entirely on land that the railroad owns or on which the 66
railroad operates, or in the event of an emergency, 67
excavating done by a railroad on adjacent land; 68
[(5)] (9) "Excavator", any person making one or more 69
excavations who is required to make notices of excavation 70
under the requirements of sections 319.010 to 319.050; 71
[(6)] (10) "Locate status", the underground facility 72
owner's designation of the status of the locate request to 73
the notification center which then makes that information 74 SS SCS SB 133 4
available to the person making the locate request through 75
electronic or other means; 76
(11) "Locator strip", a type of detectible underground 77
location device that consists of a plastic or other durable 78
material ribbon containing a material capable of being 79
detected from above ground with an electronic locating 80
device and color coded by type of underground facility; 81
(12) "Locator wire", a type of detect ible underground 82
location device that consists of a copper wire or metallic, 83
conductive, noncorrosive trace wire capable of being 84
detected from above ground with an electronic locating 85
device; 86
[(7)] (13) "Marking", the use of paint, flags, stakes , 87
or other clearly identifiable materials to show the field 88
location of underground facilities, or the area of proposed 89
excavation, in accordance with the marking standards for 90
underground facilities as designated by the Common Ground 91
Alliance Best Practices [Version 10.0] except that 92
"approximate location" shall comply with the requirements as 93
set forth in subdivision (1) of this section; 94
[(8)] (14) "Notification center", a statewide 95
organization operating twenty -four hours a day, three 96
hundred sixty-five days a year on a not -for-profit basis, 97
supported by a majority of the underground facility owners 98
in the state of Missouri; 99
[(9)] (15) "Notification center participant", an 100
underground facility owner who is a member and participant 101
in the notification center; 102
[(10)] (16) "Permitted project", a project for which a 103
permit for the work to be performed is required to be issued 104
by a local, state or federal agency and, as a prerequisite 105
to receiving such permit, the applicant is required to 106 SS SCS SB 133 5
notify all underground facility owners in the area of the 107
work for purposes of identifying the location of existing 108
underground facilities; 109
[(11)] (17) "Person", any individual, firm, joint 110
venture, partnership, corporation, associati on, cooperative, 111
municipality, political subdivision, governmental unit, 112
department or agency and shall include a notification center 113
and any trustee, receiver, assignee or personal 114
representative thereof; 115
[(12)] (18) "Pipeline facility" includes all parts of 116
a facility through which a hazardous liquid or gas moves in 117
transportation including, but not limited to, pipe, valves 118
and other appurtenances connected to pipe, pumping units, 119
fabricated assemblies associated with pumping units, 120
metering and delivery stations and fabricated assemblies 121
therein, and breakout tanks; 122
(19) "Reasonable care", includes compliance with 123
Common Ground Alliance Best Practices; 124
(20) "Start date of work", the date provided by the 125
excavator on the notic e of intent to excavate that 126
identifies the date of intention to begin excavation; 127
[(13)] (21) "State plane coordinates", a system of 128
locating a point on a flat plane developed by the National 129
Oceanic and Atmospheric Administration and utilized by state 130
agencies, local governments, and other persons to designate 131
the site of a construction project; 132
[(14)] (22) "Trenchless excavation", horizontal 133
excavation parallel to the surface of the earth which does 134
not use trenching or vertical diggin g as the primary means 135
of excavation, including but not limited to directional 136
boring, tunneling, or augering; 137 SS SCS SB 133 6
[(15)] (23) "Underground facility", any item of 138
personal property which shall be buried or placed below 139
ground for use in connection wi th the storage or conveyance 140
of water, storm drainage, sewage, telecommunications 141
service, broadband service, cable television service, 142
electricity, oil, gas, hazardous liquids or other 143
substances, and shall include but not be limited to pipes, 144
sewers, conduits, cables, valves, vaults, fiber optic or 145
other lines, wires, manholes, attachments, or appurtenances, 146
and those portions of pylons or other supports below ground 147
that are within any public or private street, road or alley, 148
right-of-way dedicated to the public use or utility easement 149
of record, or prescriptive easement. If gas distribution 150
lines or electric lines, telecommunications or broadband 151
facilities, cable television facilities, water service 152
lines, water system, storm drainage or s ewer system lines, 153
other than those used for vehicular traffic control, 154
lighting of streets and highways and communications for 155
emergency response, are located on private property and are 156
owned solely by the owner or owners of such private 157
property, such lines or facilities receiving service shall 158
not be considered underground facilities for purposes of 159
this chapter, except at locations where they cross or lie 160
within an easement or right -of-way dedicated to public use 161
or owned by a person other tha n the owner of the private 162
property. Water and sanitary sewer lines providing service 163
to private property that are owned solely by the owner of 164
such property shall not be considered underground facilities 165
at any location. A structure that transports only storm 166
water drainage under roadways, driveways, or railways shall 167
not be considered an underground facility; 168 SS SCS SB 133 7
[(16)] (24) "Underground facility owner", any person 169
who owns or operates underground facilities; 170
[(17)] (25) "Working day", every day, except Saturday, 171
Sunday or a legally declared state or federal holiday. 172
319.019. The underground facility owner shall ensure 1
that all new and active underground facilities installed on 2
any real property after August 28, 2025 , with the exception 3
of storm sewers and sanitary sewer mains and laterals 4
installed at depths more than six feet, shall be installed 5
with a detectible underground location device unless the 6
facility is capable of being detected from above ground with 7
an electronic locating device. 8
319.022. 1. Any person, except a railroad regulated 1
by the Federal Railroad Administration, who installs or 2
otherwise owns or operates an underground facility shall 3
become a participant in a notificat ion center upon first 4
acquiring or owning or operating such underground facility. 5
All underground facility owners within the state shall 6
maintain participation in a notification center for the 7
duration of owning and operating such underground facility . 8
2. Such notification center shall be governed by a 9
board of directors elected by the membership and composed of 10
representatives from the general membership group , plus four 11
voting directors, elected by the board of directors, from 12
other damage prevention stakeholders within the construction 13
industry, three of whom shall be from a heavy civil, site 14
grading, road or highway contractor and one of whom shall be 15
from a utility or underground contractor; provided, however, 16
that none of the directo rs, elected by the board of 17
directors, shall work for a contractor that owns or operates 18
an underground facility. All directors shall be subject to 19
the bylaws and policies of the notification center . 20 SS SCS SB 133 8
[2.] 3. The notification center shall maintain in its 21
offices and make available to any notification center 22
participant or excavator upon request a current list of the 23
names and addresses of each notification center participant, 24
including the county or counties wherein each participant 25
has underground facilities. The notification center may 26
charge a reasonable fee to notification center participants 27
or excavators requesting such list as is necessary to 28
recover the actual costs of printing and mailing. 29
[3.] 4. Excavators shall be informed of the 30
availability of the list of notification center participants. 31
[4.] 5. An annual audit or review of the notification 32
center shall be performed by a certified public accountant 33
and a report of the findings submitted to the speaker of the 34
house of representatives and the president pro tem of the 35
senate. 36
319.024. 1. Every person owning or operating an 1
underground facility shall assist excavators and the general 2
public in determining the location of underground facilitie s 3
before excavation activities are begun or as may be required 4
by subsection [6] 7 of section 319.026 or subsection 1 of 5
section 319.030 after an excavation has commenced. Methods 6
of informing the public and excavators of the means of 7
obtaining such information may, but need not, include 8
advertising, including advertising in periodicals of general 9
circulation or trade publications, information provided to 10
professional or trade associations which routinely provide 11
information to excavators or desig n professionals, or 12
sponsoring meetings of excavators and design professionals 13
for such purposes. Information provided by the notification 14
center on behalf of persons owning or operating an 15 SS SCS SB 133 9
underground facility shall be deemed in compliance with this 16
section by such persons. 17
2. Every person owning or operating underground 18
pipeline facilities shall, in addition to the requirements 19
of subsection 1 of this section: 20
(1) Identify on a current basis persons who normally 21
engage in excavation a ctivities in the area in which the 22
pipeline is located. Every such person who is a participant 23
in a notification center shall be deemed to comply with this 24
subdivision if such notification center maintains and 25
updates a list of the names and addresses of all excavators 26
who have given notice of intent to excavate to such 27
notification center during the previous year and provided 28
the notification center shall, not less frequently than 29
annually, provide public notification and actual 30
notification to all excavators on such list of the existence 31
and purpose of the notification center, and procedures for 32
obtaining information from the notification center; 33
(2) Either directly or through the notification 34
center, notify excavators and the public in the vicinity of 35
his [or], her, or its underground pipeline facility of the 36
availability of the notification center by including the 37
information set out in subsection 1 of section 319.025 in 38
notifications required by the safety rules of the Missouri 39
public service commission relating to its damage prevention 40
program; 41
(3) Notify excavators annually who give notice of 42
their intent to excavate of the type of marking to be 43
provided and how to identify the markings. 44
319.025. 1. Except as provided in subsection 4 of 1
section 319.030 and in section 319.050, [a person] an 2
excavator shall not make or begin any excavation in any 3 SS SCS SB 133 10
public street, road or alley, right -of-way dedicated to the 4
public use or utility easement of record or within any 5
private street or private property [without first giving ] 6
until such excavator gives notice to the notification center 7
and [obtaining] obtains information concerning the possible 8
location of any underground facilities which may be affected 9
by said excavation from underground facility owners whose 10
names appear on the current list of participants in the 11
notification center and who were communicated to the 12
excavator as notification center participants who would be 13
informed of the excavation notice. Notice to the 14
notification center of proposed excavation shall be deemed 15
notice to all owners and operators of underground facilities 16
and shall have an operational life ending at 11:59 p.m. 17
twenty-one consecutive calendar days from the start date of 18
work. The notice referred to in this section shall comply 19
with the provisions of section 319.026. 20
2. An excavator's notice to owners and operators of 21
underground facilities participating in the notification 22
center pursuant to section 319 .022 is ineffective for 23
purposes of subsection 1 of this section unless given to 24
such notification center. 25
3. Notification center participants shall be relieved 26
of the responsibility to respond to a notice of intent to 27
excavate received directly from the person intending to 28
commence an excavation, except for requests for 29
clarification of markings through on -site meetings as 30
provided in subsection 1 of section 319.030 and requests for 31
locations at the time of an emergency as provided by section 32
319.050. 33
4. Notwithstanding the provisions of this section to 34
the contrary, a person shall not make or begin any 35 SS SCS SB 133 11
excavation in any state highway, or on the right -of-way of 36
any state highway, without first obtaining a permit from the 37
state highways and transportation commission pursuant to 38
section 227.240, provided however, the provisions of this 39
subsection shall not apply to railroad right -of-way owned or 40
operated by a railroad. 41
319.026. 1. An excavator shall serve notice of intent 1
to excavate to the notification center by toll -free 2
telephone number operated on a twenty -four hour per-day, 3
seven day per-week basis [or by facsimile] or by completing 4
notice via the internet at least two working days, but not 5
more than ten working days, before the expected date of 6
commencing the excavation activity. The notification center 7
receiving such notice shall inform the excavator of all 8
notification center participants to whom such notice will be 9
transmitted and shall promptly transmit all details of such 10
notice provided under subsection 2 of this section to every 11
notification center participant in the area of excavation. 12
2. Notices of intent to excavate given pursuant to 13
this section shall contain the following inform ation: 14
(1) The name and telephone number of the person filing 15
the notice of excavation, if the telephone number is 16
different than that of the excavator, and the name, address, 17
and telephone number of the excavator [and whether the 18
excavator's telephone is equipped with a recording device ]; 19
(2) The date the excavation activity is expected to 20
commence, the depth of planned excavation and, if 21
applicable, that the use of explosives is anticipated on the 22
excavation site, and the type of excava tion being planned, 23
including whether the excavation involves trenchless 24
excavation; 25 SS SCS SB 133 12
(3) The [facsimile number,] email address[,] and 26
cellular telephone number of the excavator, if any; 27
(4) The name of the person primarily responsible for 28
conducting the excavation or managing the excavation 29
process, and if any of the information stated in subdivision 30
(1) or (3) of this subsection is different for the person 31
primarily responsible for the excavation, the notice shall 32
also state the same in formation for that person; 33
(5) A detailed description accepted by the 34
notification center sufficient for the location of the 35
excavation by any one or more of the following means: by 36
reference to a specific street address, or by description of 37
location in relation to the nearest numbered, lettered, or 38
named state or county road or city street for which a road 39
sign is posted, or by latitude and longitude including the 40
appropriate description in degrees, minutes, and seconds, or 41
by state plane coordinates; 42
(6) A description of the site of excavation by 43
approximate distance and direction from the nearest state or 44
county road or city street or intersection of such roads or 45
streets unless previously provided under subdivision (5) of 46
this subsection, and the proximity of the site to any 47
prominent landmarks; 48
(7) A description of the location or locations of the 49
excavation at the site described by direction and 50
approximate distance in relation to prominent features of 51
the site, such as existing buildings or roadways; 52
(8) Directions as to how to reach the site of the 53
excavation from the nearest such road, if the excavation is 54
not on or near a posted numbered, lettered, or named state 55
or county road or city street. 56 SS SCS SB 133 13
3. When the location of the planned excavation cannot 57
be clearly identified solely by the means described in 58
subdivision (5) of subsection 2 of this section, the 59
excavator may also designate the planned excavation route or 60
area to be excavated by physical wh ite lining using white 61
paint, stakes, whiskers, or other similar markings on and 62
along the area to be excavated, or by electronic white 63
lining when available through the notification center. Such 64
information may be provided to the notification center prior 65
to or with the notification required under this section. 66
Nothing in this section shall conflict with sections 67
319.024, 319.025, or 319.030. 68
4. The notification center receiving such notice shall 69
solicit all information required by subsecti on 2 of this 70
section and shall require the excavator to provide all such 71
information before notice by the excavator is deemed to be 72
completed pursuant to sections 319.015 to 319.050. The 73
notification center shall transmit all details of such 74
notice as required by this section. 75
[4.] 5. A record of each notice of intent to excavate 76
shall be maintained by the notification center for a period 77
of five years. The record shall include the date the notice 78
was received and all information required by subsection 2 of 79
this section which was provided by the excavator and a 80
record of the underground facility owners notified by the 81
notification center. If the notification center creates a 82
record of the notice by telephonic recording, such record of 83
the original notice shall be maintained for one year from 84
the date of receipt. Records of notices to excavate 85
maintained by the notification center in electronic form 86
shall be deemed to be records under this subsection. 87
Persons holding records of noti ces of intent to excavate and 88 SS SCS SB 133 14
records of information provided to the excavator by the 89
notification center or owner or operator of the facility 90
shall make copies of such records available for a reasonable 91
copying fee upon the request of the owner or ope rator of the 92
underground facilities or the excavator filing the notice. 93
[5.] 6. If in the course of excavation the person 94
responsible for the excavation operations discovers that the 95
owner or operator of the underground facility who is a 96
participant in a notification center has incorrectly located 97
the underground facility, or discovers an underground 98
facility that is not marked, he or she shall notify the 99
notification center which shall inform the underground 100
facility owner. The underground facility owner shall 101
respond to the incorrect locate notification within two 102
hours of receipt of the notification by contacting the 103
person responsible for the excavation or by correctly 104
locating their underground facility. The person responsible 105
for maintaining records of the location of underground 106
facilities for the notification center participant shall 107
correct such records to show the actual location of such 108
facilities, if current records are incorrect. 109
[6.] 7. When markings have been provi ded in response 110
to a notice of intent to excavate, excavators may commence 111
or continue to work within the area described in the notice 112
[for so] until the notice of intent to excavate expiration 113
date as long as the markings are visible. If an excavator 114
is unable to begin the excavation within ten working days as 115
described in the request, the excavator shall make a 116
relocate request before beginning the excavation. If 117
markings become unusable due to weather, construction or 118
other cause, the excavato r shall contact the notification 119
center to request remarking. Such notice shall be given in 120 SS SCS SB 133 15
the same manner as original notice of intent to excavate, 121
and the owner or operator shall remark the site in the same 122
manner, within the same time, as required in response to an 123
original notice of intent to excavate. Each excavator shall 124
exercise reasonable care not to unnecessarily disturb or 125
obliterate markings provided for location of underground 126
facilities. If remarking is required due to the excavator 's 127
failure to exercise reasonable care, or if repeated 128
unnecessary requests for remarking are made by an excavator 129
even though the markings are visible and usable, the 130
excavator may be liable to the owner or operator for the 131
reasonable cost of such re marking. Nothing in this section 132
shall allow any person other than the facility owner or 133
their representative to mark or relocate any underground 134
facility. 135
[7.] 8. Before commencing excavation, the excavator 136
shall determine best practices for co nfirming the horizontal 137
and vertical location of facilities at the site of 138
excavation considering conditions at the site including 139
geology, access to the site, and the presence of paved 140
surfaces. Hand digging or soft digging shall be used as a 141
best practice when possible. 142
[8.] 9. In the event of any damage, dislocation, or 143
disturbance of any underground facility in connection with 144
any excavation, the person responsible for the excavation 145
operations shall notify the notification center. This 146
subsection shall be deemed to require reporting of any 147
damage, dislocation, or disturbance to trace wires, 148
encasements, cathode protection, permanent above -ground 149
stakes, or other such items utilized for protection of the 150
underground facility. The excavator shall immediately 151
contact 911 when any damage or contact with a pipeline 152 SS SCS SB 133 16
results in a release from the pipeline of hazardous liquid 153
or gas to occur. 154
[9.] 10. In the event of any damage, dislocation, or 155
disturbance to any underground facil ity or any protective 156
devices required to be reported by the excavator under 157
subsection [8] 9 of this section in advance of or during the 158
excavation work, the person responsible for the excavation 159
operations shall not conceal or attempt to conceal such 160
damage, dislocation, or disturbance, nor shall that person 161
attempt to make repairs to the facility unless authorized by 162
the underground facility owner. In the case of sewer lines 163
or facilities, emergency temporary repairs may be made by 164
the excavator after notification without the owners' or 165
operators' authorization to prevent further damage to the 166
facilities. Such emergency repairs shall not relieve the 167
excavator of responsibility to make notification as required 168
by subsection [8] 9 of this section. 169
[10.] 11. No later than [April 1, 2015, and each year 170
thereafter] the date determined annually by Common Ground 171
Alliance, or any successor organization , each underground 172
facility owner who owns or operates electric, gas, or 173
pipeline facilities shall submit to a central repository 174
designated by the notification center a report of damages 175
experienced by its facilities for the prior calendar year. 176
The notification center shall determine the minimum 177
information to be reported. All data submitted shall be 178
aggregated and anonymous. Information provided by the 179
underground facility owner specific to damage data submitted 180
shall be accessible only to the underground facility owner 181
unless otherwise designated by the underground facility 182
owner. 183 SS SCS SB 133 17
319.027. 1. Any person may make design requests by 1
contacting the notification center. Such design requests 2
shall include all information deemed necessary by the 3
notification center to complete the notice, including the 4
identification of the person and a description of the 5
location of the project being designed and other information 6
similar to that required of excavators under section 319.026. 7
2. Design requests shall be made to the notification 8
center at least five wor king days[, but not more than ten 9
working days,] before the date the person has requested 10
receiving the information from the underground facility 11
owner. Upon receipt of a design request, the notification 12
center shall inform the person of the name of a ll 13
notification center participants to whom the notice will be 14
transmitted and shall promptly transmit such notice to the 15
appropriate underground facility owners. 16
3. Every underground facility owner who receives a 17
design request shall mark the lo cation of the facility, or 18
contact the person making the request, within five working 19
days after the date the notice was received from the 20
notification center. If the person making the request was 21
contacted as an alternative to marking location, the p erson 22
and the underground facility owner shall mutually agree on a 23
schedule and method for providing the information, provided 24
that the facility shall be marked within five working days 25
if the facility owner and the person making the request are 26
unable to agree. 27
4. No excavation may be commenced based upon 28
information received through a design request. Obtaining 29
information through a design request shall not excuse any 30
person commencing an excavation from making notice and 31
obtaining information under sections 319.025 and 319.026 32 SS SCS SB 133 18
concerning the possible location of any underground 33
facilities which may be affected. 34
319.030. 1. Every person owning or operating an 1
underground facility to whom notice of intent to excavate i s 2
required to be given shall, upon receipt of such notice as 3
provided in this section from a person intending to commence 4
an excavation, inform the excavator as promptly as 5
practical, but not in excess of two working days, unless the 6
excavator agrees to extend the start date and time provided 7
in the locate request through methods established by the 8
notification center, of the approximate location of 9
underground facilities in or near the area of the excavation 10
so as to enable the person engaged in t he excavation work to 11
locate the facilities in advance of and during the 12
excavation work, provided that no excavation shall begin 13
earlier than the scheduled excavation date provided on the 14
locate request unless the excavator has confirmed that all 15
underground facilities have been located. The two working 16
days provided for notice in this subsection and subsection 1 17
of section 319.026 shall begin at 12:00 a.m. following the 18
receipt of the request by the notification center. Each 19
underground facility owner receiving notifications from the 20
notification center by use of the internet shall, after 21
December 31, 2014, use the locate status system provided by 22
the notification center. Those underground facility owners 23
that do not receive notifications b y use of the internet 24
shall, no later than January 1, 2016, provide locate status 25
to the notification center by an alternate method provided 26
by the notification center. If the excavator states in the 27
notice of intent to excavate that the excavation wi ll 28
involve trenchless technology, the owner or operator shall 29
inform the excavator of the depth, to the best of his [or], 30 SS SCS SB 133 19
her, or its knowledge or ability, of the facility according 31
to the records of the owner or operator. The owner or 32
operator shall provide the approximate location of 33
underground facilities by use of markings as designated in 34
section 319.015. Persons representing the excavator and the 35
owner or operator shall meet on the site of excavation 36
within two working days of a request by either person for 37
such meeting for the purpose of clarifying markings, or upon 38
agreement of the excavator and owner or operator, such 39
meeting may be an alternate means of providing the location 40
of facilities by originally marking the approximate locati on 41
of the facility at the time of the meeting. If upon receipt 42
of a notice of intent to excavate, an owner or operator 43
determines that he or she neither owns or operates 44
underground facilities in or near the area of excavation, 45
the owner or operator shall within two working days after 46
receipt of the notice, inform the excavator that the owner 47
or operator has no facilities located in the area of the 48
proposed excavation. The owner or operator of the 49
underground facility shall make notice to the exc avator that 50
no facilities are located in the area of excavation by 51
contacting the excavator by any of the following methods: 52
(1) By calling the primary number of the excavator or 53
by calling the telephone number of the responsible person as 54
provided by the excavator under subdivision (4) of 55
subsection 2 of section 319.026; 56
(2) By leaving a message on the recording device for 57
such numbers; 58
(3) By calling the cellular telephone number of the 59
excavator or responsible person; 60
(4) By notifying the excavator by [facsimile or] 61
electronic mail at [numbers or] addresses stated by the 62 SS SCS SB 133 20
excavator in the notice of excavation made under subsection 63
2 of section 319.026; 64
(5) By marking "clear" or "OK" at the site of 65
excavation; 66
(6) By verbally informing the excavator in person. 67
If the only means of contacting the excavator is one or more 68
telephone numbers provided by the excavator in the notice of 69
excavation under section 319.026, then two attempts by the 70
underground facility owner to contact the excavator at one 71
of the telephone numbers provided shall constitute 72
compliance with this subsection; or 73
(7) By use of a locate status system. 74
2. A record of the date and means of informing the 75
excavator that no facilities were located by the owner or 76
operator shall be included in the written records of the 77
underground facility owner regarding each specific notice of 78
excavation and shall be retained for a period of five years. 79
3. If the owner or operator notifies t he excavator 80
that the area of excavation cannot be determined from the 81
description provided by the excavator through the notice 82
required by this section, the excavator shall provide 83
clarification of the area of excavation by marking the area 84
with white flags or white paint, or by providing project 85
plans to the owner or operator, or by meeting on the site of 86
the excavation with representatives of the owner or operator 87
as provided for in this section. 88
4. In the event that a person owning or oper ating an 89
underground facility fails to comply with the provisions of 90
subsection 1 of this section after notice given by an 91
excavator in compliance with section 319.026, the excavator, 92
prior to commencing the excavation, shall give a second 93 SS SCS SB 133 21
notice to the notification center as required by section 94
319.026 stating that there has been no response to the 95
original notice given under section 319.026. After the 96
receipt of the notice stating there has been "no response", 97
the owner or operator of an undergr ound facility shall, 98
within two hours of the receipt of such notice, mark its 99
facilities or contact and inform the excavator of when the 100
facilities will be marked; provided, however, that for "no 101
response" notices made to the notification center by 2:0 0 102
p.m., the markings shall be completed on the working day the 103
notice is made to the notification center, and provided that 104
for "no response" notices made to the notification center 105
after 2:00 p.m., the markings shall be completed no later 106
than 10:00 a.m. on the next working day. If an underground 107
facility owner fails to mark its facilities or contact the 108
excavator as required by this subsection, the excavator may 109
commence the excavation. Nothing in this subsection shall 110
excuse the excavator from exercising the degree of care in 111
making the excavation as is otherwise required by law. 112
5. For purposes of this section, a period of two 113
working days begins at 12:00 a.m. following when the request 114
is made. 115
319.031. 1. In addition to the other requirements of 1
section 319.030, the response to a notice of intent to 2
excavate received by a sewer system owner, when such owner 3
has underground facilities located in the area of excavation 4
identified in the notice and when the noti ce indicates that 5
trenchless excavation methods will be used, shall include a 6
determination of whether sewer service connections exist in 7
the area of the excavation. 8
2. If the sewer system owner determines that sewer 9
service connections exist in the area of the excavation 10 SS SCS SB 133 22
identified in a notice of intent to excavate, the owner 11
shall provide his [or], her, or its best available 12
information, or notice that the information does not exist, 13
regarding the location of such connections to the excavato r 14
by any of the following methods: 15
(1) Placing a triangular green mark at the approximate 16
location of the sewer service connection pointing in the 17
direction of the customer structure serviced; 18
(2) Providing electronic copies of the informati on to 19
the excavator; 20
(3) Delivering copies of the information to the 21
excavator by [facsimile or by] other agreed upon means; or 22
(4) Arranging to meet the excavator at the site of the 23
excavation to provide the information. 24
3. Providing the best available information, or notice 25
that the information does not exist, regarding the location 26
of sewer service connections that exist in the area of 27
excavation identified in a notice of intent to excavate 28
shall constitute full compliance with t his section, and a 29
sewer system owner shall not be liable to any party for 30
damages or injuries resulting from an excavation if they are 31
in compliance with this section. 32
4. Providing the best available information regarding 33
the location of sewer s ervice connections that exist in the 34
area of excavation identified in a notice of intent to 35
excavate shall not in and of itself constitute ownership, 36
operation, control, or management of sewer service lines by 37
a sewer system owner. 38
319.034. For purposes of sections 319.010 to 319.050, 1
the location of underground facilities provided by a 2
facility owner or operator in accordance with section 3
319.026 to any person engaging in scheduled excavating shall 4 SS SCS SB 133 23
be accurate. If any underground facility is damaged by an 5
excavator due to the furnishing of incorrect information by 6
the facility owner or operator, the excavator shall not be 7
subject to any liability resulting from damage to the 8
underground facility as a result of the excavating , provided 9
that such person engaging in scheduled excavating complies 10
with the requirements of sections 319.010 to 319.050 with 11
respect to such excavation and there is no evidence visible 12
and obvious to the excavator of the presence of a mismarked 13
underground facility. 14
319.035. 1. Obtaining information as required by 1
sections 319.010 to 319.050 does not excuse any person 2
making any excavation from doing so in a careful and prudent 3
manner. 4
2. Nothing in sections 319.010 to 319.050 shall 5
relieve an excavator from the obligation to excavate in a 6
safe and prudent manner, nor shall it absolve an excavator 7
from liability for damage to underground facilities except 8
as provided in section 319.034 . 9
3. The failure of any ex cavator to give notice of 10
proposed excavation activities as required by this chapter 11
shall be a rebuttable presumption of negligence on his or 12
her part in the event that such failure shall cause injury, 13
loss, or damage. In addition to any penalties pr ovided 14
herein, liability under common law may apply. 15
4. The failure of an underground facility owner or a 16
locator or other contractor engaged by the facility owner to 17
mark [his or her] the facility owner's facilities that are 18
located in an area o f excavation described in a notice of 19
intent to excavate received by the underground facility 20
owner, as required by section 319.030, or the failure of an 21
underground facility owner to be a notification center 22 SS SCS SB 133 24
participant, consistent with the provisions of section 23
319.022, shall be a rebuttable presumption of negligence on 24
the part of such owner , and of the locator or other 25
contractor engaged by the facility owner, in the event that 26
such failure shall cause injury, loss, or damage. In 27
addition to any penalties provided herein, liability under 28
common law may apply. 29