| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Energy By: Senator(s) Carter Senate Bill 2365 AN ACT TO AMEND SECTION 77-13-3, MISSISSIPPI CODE OF 1972, TO DEFINE TERMS; TO AMEND SECTION 77-13-5, MISSISSIPPI CODE OF 1972, TO CLARIFY PROVISIONS REGARDING NOTICE OF PLANNED EXCAVATION; TO INCLUDE SUBMERGED EXCAVATIONS; TO PROHIBIT EXCAVATIONS WITHIN THE TOLERANCE ZONE EXCEPT UPON SATISFACTION OF CERTAIN CONDITIONS; TO PROVIDE REQUIREMENTS FOR SUBMERGED EXCAVATIONS; TO AMEND SECTION 77-13-9, MISSISSIPPI CODE OF 1972, TO INCLUDE SUBMERGED FACILITIES; TO REQUIRE OPERATORS TO PERFORM THEIR OBLIGATIONS WITHIN CERTAIN TIMELINES; TO AMEND SECTION 77-13-11, MISSISSIPPI CODE OF 1972, TO REQUIRE EXCAVATORS TO PROVIDE CONTACT INFORMATION FOR A PERSON WHO WILL BE PRESENT AT THE SITE OF EXCAVATION; TO CREATE NEW SECTION 77-13-12, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR LARGE PROJECT EXCAVATIONS; TO AMEND SECTION 77-13-17, MISSISSIPPI CODE OF 1972, TO INCLUDE SUBMERGED FACILITIES; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 77-13-3, Mississippi Code of 1972, is amended as follows: 77-13-3. The words defined in this section shall have the following meanings when found in this chapter: (a) "Abandoned facility" means any underground utility line or underground utility facilities no longer used in the conduct of the owner/operator's business and are not intended to be used in the future. (b) "Approximate location of underground utility lines or underground facilities" means information about an operator's underground utility lines or underground facilities which is provided to a person by an operator and must be accurate within eighteen (18) inches measured horizontally from the outside edge of each side of such operator's facility, or a strip of land eighteen (18) inches either side of the operator's field mark, or the marked width of the facility or line plus eighteen (18) inches on each side of the marked width of the facility or line. The approximate location of submerged facilities means information about an operator's submerged facilities which is provided to a person by an operator and must be accurate within fifteen (15) feet of the submerged facility marks. (c) "Board" means the Underground Facilities Damage Prevention Board, created by Section 77-13-29. (d) "Calendar day" means a twenty-four-hour period. (e) "Commission" means the Mississippi Public Service Commission. (f) "Damage" means the substantial weakening of structural or lateral support of underground utility lines * * * and, underground facilities or submerged facilities, penetration or destruction of any protective coating, housing or other protective devices of an underground utility line * * * or, underground facility or submerged facility, and the partial or complete severance of any underground utility line * * * or, underground facility or submerged facility, but does not include any operator's abandoned facility. (g) "Design Information Request" means a notification made to Mississippi 811, * * * Incorporated Inc., by a person providing professional services and making a request in preparation for bidding, preconstruction engineering, or other advance planning efforts that do not involve excavation. A design information services request may not be used for excavation purposes. (h) "Emergency excavation" means excavation at times of emergency involving imminent danger to life, health or property or a customer service outage. (i) "Excavate or excavation" means any operation in which earth, rock or other material or mass of material on or below the ground or submerged, is moved or otherwise displaced by any means, except: (i) the tilling of the soil less than twenty-four (24) inches in depth for agricultural purposes; or (ii) an operation in which earth, rock or other material or mass of material on or below the ground is moved or otherwise displaced to a depth of less than twelve (12) inches on private property by the property owner without the use of mechanical excavating equipment; or (iii) an operation in which earth, rock or other material or mass of material on or below the ground is moved or otherwise displaced without the use of mechanical excavating equipment to a depth of less than twelve (12) inches on private property by an excavator who is not the property owner, except when such excavation is in a clearly marked underground facility right-of-way; or (iv) routine railroad maintenance activities conducted within the track structure, drainage ditches, or within the railroad right-of-way, a distance not to exceed thirty (30) feet from the outside rail of the outermost track or tracks, provided this work is performed by railroad employees or railroad contractors and is carried out with reasonable care so as to protect any underground facilities properly installed in the railroad right-of-way by agreement with the railroad; or (v) routine activities of a cemetery, provided that for any cemetery that begins or expands after July 1, 2015, such activities occur only after initial notice is provided to Mississippi 811 * * *, Incorporated Inc., and all affected operators have advised that there are no underground facilities within the boundaries of the subject cemetery; or (vi) routine maintenance activities carried out by or for those responsible for publicly maintained roadways and rights-of-way, provided that the activities occur entirely within the public right-of-way and do not penetrate the earth to a depth of more than twelve (12) inches and are carried out with reasonable care so as to protect any underground facilities placed in the right-of-way. Routine maintenance activities shall be more specifically described in the rules and regulations adopted by the board; or (vii) the driving of wooden stakes by use of hand tools which do not penetrate the earth to a depth of not more than six (6) inches. The term "excavate" shall include, but not be limited to, the operations of demolition, blasting, grading, land leveling, trenching, digging, ditching, drilling, augering, directional boring, tunneling, scraping, cable or pipe plowing, driving, jacking, wrecking, razing, rending, dredging and anchoring, moving or removing any structure or other material or mass of material on or below the ground. (j) "Excavator" means any person who engages directly in excavation. (k) "Mark" means the use of stakes, paint or other clearly identifiable materials to show the field location of underground facilities in accordance with the current color code standard of the American Public Works Association, or the uncovering or exposing of underground facilities so that the excavator may readily see the location of same, or the pointing out to the excavator of certain aboveground facilities such as, but not limited to, manhole covers, valve boxes and pipe and cable risers, which indicate the location of underground facilities. In addition, submerged facilities may be marked by electronic methods or GPS coordinates. (l) "Mechanical excavating equipment" means all equipment powered by any motor, engine, or hydraulic or pneumatic device used for excavating and shall include, but not be limited to, trenchers, bulldozers, backhoes, power shovels, scrapers, draglines, clam shells, dredging equipment, augers, drills, cable and pipe plows and other plowing-in or pulling-in equipment. (m) "Mississippi 811, * * *, Incorporated Inc.," means a nonprofit corporation organized under the laws of the State of Mississippi that provides a service through which a person shall notify the operator(s) of underground facilities of plans to excavate and request marking of facilities. (n) "Mississippi One-Call System, Incorporated," means "Mississippi 811, * * *, Incorporated Inc." Whenever the term "Mississippi One-Call System, Incorporated," appears in this chapter, the term shall mean "Mississippi 811, * * *, Incorporated Inc." (o) "Operator" means any person who owns or operates a utility. However, the term "operator" shall not include any railroad or the Mississippi Department of Transportation. (p) "Person" means any individual, firm, partnership, association, trustee, receiver, assignee, corporation, entity, limited liability company, utility, joint venture, municipality, state governmental unit, subdivision or instrumentality of the state, or any legal representative thereof. (q) "Pipeline Safety Division" means the Pipeline Safety Division of the Public Service Commission. (r) "Positive Response Information System" or "PRIS" means an automated information system operated and maintained by Mississippi 811, * * *, Incorporated Inc., that allows excavators, locators, facility owners or operators, and other affected parties to enter and/or determine the status of a locate request. (s) "Underground facility" means any underground utility lines and other items which shall be buried * * * or, placed below ground or submerged for use in connection with underground utility lines and including, but not be limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, vaults, attachments and those portions of poles below the ground. (t) "Underground utility lines" means underground * * * or, buried or submerged cable, conduit pipes and related facilities for transportation and delivery of electricity, telecommunications (including fiber optics), water, sewage, gas, mixtures of gases, petroleum, petroleum products or hazardous, flammable, toxic or corrosive liquids. (u) "Utility" means any person who supplies, distributes or transports by means of underground utility lines or underground facilities any of the following materials or services: gas, mixture of gases, petroleum, petroleum products or hazardous, toxic, flammable or corrosive liquids, electricity, telecommunications (including fiber optics), sewage, drainage, water, steam or other substances. (v) "Working day" means a twenty-four-hour period commencing from the time the locate request ticket is processed or entered into the * * * system by Mississippi 811, * * * Incorporated, Inc. system, in accordance with this chapter, excluding Saturdays, Sundays and legal holidays. (w) "Impending Emergency" means circumstances potentially dangerous to life, health, property, or loss of customer services, which would likely develop into an emergency, as defined in Section 77-13-11, if excavation is not initiated sooner than the normal notification requirements allow. (x) "Locate request ticket" means an electronic document generated by the Mississippi 811, Inc. system, which includes the information described in Section 77-13-5 * * *(c)(1)(a). (y) "Trenchless excavation" means horizontal excavation parallel to the surface of the earth, which does not use trenching or vertical digging as the primary means of excavation, including, but not limited to, directional boring, tunneling, or augering. (z) "Electronic pre-marking " means a process in which the excavator submits a locate request ticket through the Web Portal and simultaneously pre-marks the approximate boundary of the proposed excavation area in the Mississippi 811 Web Portal map by drawing lines, points, or polygon geometries, providing a clear visual of the proposed excavation or demolition area. (aa) "Large project excavation" means an excavation project that an excavator determines cannot be reasonably completed within seventeen (17) calendar days from the time the locate request ticket is processed in the Mississippi 811, Inc. system, or for submerged excavation, thirty (30) calendar days from the time the locate request ticket is processed in the Mississippi 811, Inc. system, due to its large area or complexity. (bb) "Marine exclusion zone" means a strip measured seventy-five (75) feet from the outside edge of both sides of the submerged facility marks on a horizontal plane. (cc) "Preconstruction meeting" means an in-person, video, or telephonic meeting held among a large project excavator, its contractors, all operators with underground lines, underground facilities or submerged facilities in the area of a large project excavation, and the operators' locators to discuss the large project excavation, and facilitate the exchange of maps, plans, excavation and locating schedules, contact information, and other information related to the large project excavation. (dd) "Preconstruction meeting ticket" means an electronic document generated by the Mississippi 811, Inc. system and transmitted to operators with underground utility lines, underground facilities or submerged facilities in the area of the large project excavation, for the purposes of facilitating a preconstruction meeting in advance of a large project excavation. (ee) "Submerged excavation" means excavation that occurs under a body of water, including rivers, lakes, waterways, bays, the sea, and arms of the sea. (ff) "Submerged facility" means an underground facility or underground utility line that is normally submerged under a body of water, including rivers, lakes, waterways, bays, the sea, and arms of the sea. (gg) "Tolerance zone" means a strip of land measured eighteen (18) inches, plus one-half (1/2) of the diameter of the underground facility or underground utility if such diameter is indicated at the marks, from the outside edge of both sides of the marks on a horizontal plane. (hh) "Web portal" means an online platform operated and maintained by Mississippi 811, Inc., that allows excavators to electronically submit and track locate request tickets and allows facility owners or operators to submit information to the positive response information system. SECTION 2. Section 77-13-5, Mississippi Code of 1972, is amended as follows: 77-13-5. * * * (1) In addition to complying with all other applicable regulations and requirements of federal, state, county and municipal authorities, no person shall engage in excavation of any kind, before meeting the notification requirements of this chapter. Under this chapter the excavator shall: (a) Inform himself/herself of the presence and location of any underground utility lines and underground facilities in or near the area where excavation is to be conducted; (b) Plan and conduct the excavation to avoid or minimize interference with or damage to underground utility lines and underground facilities in or near the excavation area; maintain a clearance between any underground utility line or underground facility and the cutting edge or point of any mechanical excavating equipment, taking into account the known limit of control of such cutting edge or point, as may be reasonably necessary to avoid damage to such facility; and provide such support for underground utility lines or underground facilities in and near the excavation area, including during any backfilling operations, as may be reasonably necessary for the protection of such facilities. ( * * *c1) Except for emergency excavation as provided in Section 77-13-11, impending emergency excavation as provided in paragraph (c) of this subsection, and submerged excavation as provided in subsection (8) of this section, before beginning any excavation, * * * other than an impending emergency as defined in Section 77‑13‑3, the excavator shall: (a) Provide not less than three (3) and not more than ten (10) working days' advance written, electronic or telephonic notice of the commencement, extent, location and duration of the excavation work to Mississippi 811, * * * Incorporated Inc., so that * * * Mississippi 811, Incorporated, a locate request ticket may be processed, notifying operator(s) * * * may to locate and mark the location of underground utility lines and underground facilities in the excavation area. The advance written, electronic or telephonic notice required by this subsection shall not be required where a qualified operator using reasonable care so as to protect himself and any underground facility that may be in the area, uses a hand-powered probe rod to locate that operator's underground facilities for the purpose of underground facility mapping. The written, electronic or telephonic notice required by this paragraph ( * * *ca) shall contain the name, address and telephone number of the person filing the notice of intent, the person responsible for the excavation, the starting date, anticipated duration, type of excavation to be conducted, the location of the proposed excavation, which is limited to an area the excavator reasonably believes may be completed within * * * fourteen (14) seventeen (17) calendar days from the date and time the locate request ticket is processed * * * or entered into in the Mississippi 811, Inc., system and does not include any area in which the excavator has already completed the excavation work, and whether or not explosives are to be used. In addition to all other violations of this chapter, providing advanced written notification required by this paragraph ( * * *ca) where the proposed excavation location could not reasonably be completed within * * * fourteen (14) seventeen (17) calendar days from the date and time the locate request ticket is processed * * * or entered into in the Mississippi 811, Inc., system or where the proposed excavation location includes any area in which the excavator has already completed the excavation work shall constitute violations of this chapter. (b) Prior to providing the advance notice to Mississippi 811, Inc., as required by * * * this paragraph (c) paragraph (a) of this subsection, the excavator shall pre-mark the approximate boundary of the proposed excavation area with white paint, flags * * * or, stakes or electronic pre-marking. Where an excavator pre-marks the proposed excavation area with a single stake or other single-point indicator, that excavator represents that the proposed excavation area does not exceed fifty (50) feet in any direction from the pre-mark. Pre-marking of the proposed excavation area shall not exceed the actual area of excavation. Pre-marking of the proposed excavation area with white paint, flags * * * or, stakes or electronic pre-marking shall not be required * * * if the area can be defined in the advance written, electronic or telephonic notice by a street address, lot and block number, distance from a driveway or street intersection, or by other geographical descriptions more specifically described in the rules and regulations adopted by the Board for excavation performed on property owned by the excavator where the proposed excavation area can be clearly and adequately defined and described in the locate request ticket. ( * * *dc) Provide advance written, electronic or telephonic notice of the commencement, extent, location and duration of the excavation work to Mississippi 811, * * *, Incorporated Inc., for excavations required due to an impending emergency, that includes an excavation start time that is not less than twelve (12) hours from the time of notices provided between 8:00 p.m. and 11:59 a.m., and not sooner than 8:00 a.m., on the next calendar day for notices provided between 12:00 p.m. and 7:59 p.m., so that * * * Mississippi 811, Incorporated, a locate request tickets may be processed, informing operators * * * may to locate and mark the location of underground utility lines and underground facilities in the excavation area. In addition to the written, electronic or telephonic notice information required in * * * subsection (1) paragraph ( * * *ca) of this subsection, the excavator shall also provide contact information for a person readily available to discuss the impending emergency excavation with operators. (2) Except for submerged excavation, the markings provided by operators and the locate request number shall only be valid for a period of * * * fourteen (14) seventeen (17) calendar days from the date and time the locate request ticket is processed * * * or entered into the system by Mississippi 811, Inc. system. The excavator shall preserve all markings until they are no longer required for proper and safe excavation. When a mark is no longer visible, but the excavator's work continues in the vicinity of underground facilities, underground lines or submerged facilities, the excavator shall notify Mississippi 811, Inc. of the need for a remark. An excavator shall not make repeated requests for remarking unless necessary due to circumstances not reasonably within the control of the excavator. (3) Except for submerged excavation, the person responsible for the excavation project shall renew the notification with Mississippi 811, * * *, Incorporated Inc., at least three (3) and not more than four (4) working days prior to this expiration date and shall continue to renew such notification in the same manner throughout the duration of the excavation. Such renewal notice shall be valid for a period of * * * fourteen (14) seventeen (17) calendar days from the date and time the renewal locate request is processed * * * or entered into the system by in the Mississippi 811, * * * Incorporated Inc. system. The proposed excavation location on a renewal locate request ticket shall not include any area in which the excavator has already completed the excavation work. In addition to all other violations of this chapter, renewing a locate request ticket that includes any area within the proposed excavation location in which the excavator has already completed the excavation work shall constitute a violation of this chapter. ( * * *34) Compliance with the notice requirements of this section shall not be required of: (a) persons plowing less than twenty-four (24) inches in depth for agricultural purposes; (b) persons who are moving or otherwise displacing, by hand, earth, rock or other material or mass of material on or below the ground at a depth of less than twelve (12) inches on property they own; and (c) persons, other than the property owner, who are moving or otherwise displacing, by hand, earth, rock or other material or mass of material on or below the ground at a depth of less than twelve (12) inches, except when such excavation is in a clearly marked underground facility right-of-way. (5) In addition to complying with this act and all other applicable regulations and requirements of federal, state, county and municipal authorities, no person shall engage in excavation of any kind within the tolerance zone unless the excavator satisfies all of the following conditions: (a) Determines the precise location of all marked underground facilities and underground lines in or near the area where the excavation is to be conducted using noninvasive methods of excavation such as hand digging, potholing, soft digging, vacuum methods, use of pressurized air or water, pneumatic hand tools or other similar procedures; (b) Plans and conducts the excavation to avoid or minimize interference with or damage to underground utility lines and underground facilities in or near the excavation area; (c) Maintains a clearance between any underground utility line or underground facility and the cutting edge or point of any mechanical excavating equipment, taking into account the known limit of control of such cutting edge or point, as may be reasonably necessary to avoid damage to such facility; and (d) Provides such support for underground utility lines and underground facilities in and near the excavation area, including during any backfilling operations, as may be reasonably necessary for the protection of such facilities. ( * * *46) A person may make a written, electronic or telephonic design information request to Mississippi 811, * * * Incorporated Inc., so that owners and operators of utilities may locate underground utility lines * * * and, underground facilities and submerged facilities in the design information area. The design information request shall contain the name, address, and telephone number of the person making the request, the type of project planned, and a description of the area to be located with sufficient particularity to enable the utility owner or operator to ascertain the precise tract or parcel of land involved. ( * * *57) (a) Notwithstanding any other provision of this chapter to the contrary, the procedures and requirements set forth in this subsection ( * * *57) shall apply on the site of any excavation involving trenchless excavation, including directional boring, where the approximate location of underground utility lines or underground facilities has been marked in compliance with Section 77-13-9. (b) The excavator shall not use power-driven equipment for trenchless excavation, including directional boring, across or within the * * * marked approximate location of underground utility lines or underground facilities tolerance zone unless, when reasonably practical, the excavator exposes the planned trenchless excavation path by a noninvasive method such as hand digging, potholing when practical, soft digging, vacuum methods, use of pressurized air or water, or pneumatic hand tools and then carefully and prudently monitors the horizontal and vertical location of the trenchless excavation device in a manner calculated to enable the device to be visually observed by the excavator as it crosses the entire width of the * * * marked approximate location of the underground facilities tolerance zone. (c) For trenchless excavations, including directional boring, parallel to the * * * marked approximate location of underground utility lines or underground facilities tolerance zone, the excavator shall, when reasonably practical, use a noninvasive method such as hand digging, potholing when practical, soft digging, vacuum methods, use of pressurized air or water, or pneumatic hand tools to identify the actual location of the underground utility facility at careful and prudent intervals. (8) (a) Before beginning any submerged excavation, the excavator shall provide not less than seven (7) working days' advance written, electronic or telephonic notice of the commencement, extent, location and duration of the submerged excavation work to Mississippi 811, Inc., so that a locate request ticket may be processed notifying operator(s) to locate and mark the location of submerged facilities in the excavation area. The written, electronic or telephonic notice required by this subsection (8) shall contain the name, address and telephone number of the person filing the notice of intent, the person responsible for the excavation, the starting date, anticipated duration, type of excavation to be conducted, and the location of the proposed excavation which is limited to an area the excavator reasonably believes may be completed within thirty (30) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc. system and does not include any area in which the excavator has already completed the excavation work, and whether or not explosives are to be used. In addition to all other violations of this chapter, providing advanced written notification required by this paragraph (a) where the proposed submerged excavation location could not reasonably be completed within thirty (30) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc. system or where the proposed excavation location includes any area in which the excavator has already completed the excavation work shall constitute violations of this chapter. Prior to providing the advance notice to Mississippi 811, Inc., as required by this paragraph (a), the excavator shall pre-mark the approximate boundary of the proposed excavation area with white paint, flags, stakes, or electronic pre-marking. (b) For submerged facilities, the markings provided by operators and the locate request ticket shall be valid for a period of thirty (30) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc. system. The person responsible for the excavation project shall renew the notification with Mississippi 811, Inc., at least seven (7) and not more than ten (10) working days prior to this expiration date and shall continue to renew such notification in the same manner throughout the duration of the excavation. Such renewal notice shall be valid for a period of thirty (30) calendar days from the date and time the renewal locate request ticket is processed in the Mississippi 811, Inc. system. The proposed excavation location on a renewal locate request ticket shall not include any area in which the excavator has already completed the excavation work. In addition to all other violations of this chapter, renewing a locate request ticket that includes any area within the proposed submerged excavation location in which the excavator has already completed the excavation work shall constitute a violation of this chapter. (c) A person seeking to excavate within the marine exclusion zone shall request consent from operators with submerged facilities located within the marine exclusion zone, and in such instances, the operators shall in good faith, respond to and consult with the requesting excavator. No excavation may occur within the marine exclusion zone without the written consent from operators with submerged facilities located within the marine exclusion zone, and said consent shall not be unreasonably withheld. SECTION 3. Section 77-13-9, Mississippi Code of 1972, is amended as follows: 77-13-9. (1) Every person owning or operating underground utility lines * * * or, underground facilities or submerged facilities shall, upon receiving advance notice of the commencement of excavation, in accordance with Section 77-13-5, make an investigation * * *, and shall report through the use of the PRIS the status of the work performed, within three (3) working days from the time notice is provided in accordance with this chapter to Mississippi 811, Incorporated, to determine the approximate location of its underground utility lines * * * or, underground facilities and submerged facilities in the area of the proposed excavation, and shall either: (a) mark the approximate location of underground utility lines * * * and, underground facilities and submerged facilities in or near the area of the excavation, so as to enable the person engaged in excavation work to locate the lines and facilities in advance of and during the excavation work and notify the excavator through the PRIS that the facilities have been marked; or (b) advise through the PRIS that it has no underground utility lines * * * or, underground facilities or submerged facilities in the excavation area * * *; or (c) advise through the PRIS that it can locate its underground utility lines or underground facilities in the excavation area only by excavation. If an operator can locate its underground utility lines or underground facilities in the excavation area only by excavation and has given proper notice of such, that operator shall be allowed a reasonable amount of additional time, not to exceed four (4) working days from the day the original notice was provided in accordance with this chapter, to mark the approximate location of the underground utility lines or underground facilities. (2) * * * In lieu of such marking, the operator may request to be present at the site upon commencement of the excavation, so long as the operator complies within three (3) working days of the receipt of the notice. Unless otherwise agreed in writing between the operator and the excavator, the operator shall perform its obligations described in subsection (1) of this section within the following times: (a) Standard excavation: For an underground utility line or underground facility in the area of excavation, within three (3) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(1)(a). If an operator can locate its underground utility lines or underground facilities in the excavation area only by excavation, the operator shall provide notice of such through PRIS and that operator shall be allowed a reasonable amount of additional time, not to exceed four (4) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(1)(a), to mark the approximate location of the underground utility lines or underground facilities. In lieu of marking described in subsection (1) of this section, the operator may request to be present at the site upon commencement of the excavation, so long as the operator complies within three (3) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(1)(a). (b) Submerged excavation: For a submerged facility in the area of submerged excavation, within seven (7) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(8). (c) Emergency excavation: For an underground utility line or underground facility in the area of an emergency excavation, within two (2) hours from the time the locate request ticket is processed in accordance with Section 77-13-11. (d) Impending emergency excavation: For an underground utility line or underground facility in the area of impending emergency excavation, prior to the start time of excavation provided in the locate request ticket in accordance with Section 77-13-5(1)(c). (3) Prior to and during excavation, the excavator shall inspect the excavation site and inform himself or herself of the presence of marks and evidence of unmarked underground utility lines or underground facilities on the excavation site. When an excavator, upon arriving at an excavation site, sees evidence of unmarked underground utility lines or underground facilities or encounters an unmarked underground utility line or underground facility on an excavation site after excavation has commenced where notice of intent has been made in accordance with the provisions of this chapter, that excavator must immediately contact Mississippi 811, * * * Incorporated Inc. All operator(s) thus notified must contact the excavator within two (2) hours and inform the excavator of any of their known underground facilities, active or abandoned, at the site of the excavation. (4) When marking the approximate location of the facilities, the operator shall follow the color code designated and described herein, unless otherwise provided for by specific administrative rule or regulation promulgated pursuant to this chapter, namely: UTILITY OR TYPE OF FACILITY GROUP IDENTIFYING COLOR Electric Safety Red Petroleum Product/Hazardous/ Flammable/Corrosive/Toxic Materials, Product and Steam Lines, Gas or Gaseous Material High Visibility Safety Yellow Telecommunications (including fiber optics) and CATV Safety Alert Orange Potable Water Safety Precaution Blue Reclaimed Water, Irrigation, Slurry Lines Purple Sewer and Drain Lines Safety Green Temporary Survey Markings High Visibility Pink Proposed Excavation White (5) All utility facilities installed by owners or operators of utilities on or after January 1, 2010, shall be installed in such manner that the utility facility may be located by using a generally accepted electronic locating method. (6) * * * Except for emergency excavations, If, before the expiration of the * * * three (3) working days' waiting period times set forth in subsection (2) of this section, all identified facility owners or operators have responded to the locate request and all have indicated that their facilities are either not in conflict or have been marked as indicated through the use of the PRIS, then the person planning to perform excavation or blasting shall be authorized to commence work, subject to the other requirements of this section, without waiting * * * the full three (3) working days for the times set forth in subsection (2) of this section to expire. (7) Upon receiving a design information request, the utility owner or operator shall within seven (7) working days from the time notice is provided in accordance with this chapter to Mississippi 811, * * * Incorporated Inc., respond by one (1) of the following methods: (a) marking the approximate location of its underground utility lines * * * and, underground facilities and submerged facilities in the area in accordance with subsection (1) of this section; (b) providing to the person making the design information request the best available description of its underground utility lines * * * and, underground facilities and submerged facilities in the area which may include drawings or other records maintained by the utility owner or operator; or (c) allowing the person making the design information request or any other authorized person to inspect or copy the drawings or other records for all underground utility lines and utility facilities in the area. * * * (8) Every person owning or operating underground utility lines or underground facilities shall, upon receiving advance notice of the commencement of impending emergency excavation, make an investigation, and report through the use of the PRIS the status of the work performed, prior to the noticed time of excavation provided to Mississippi 811, Incorporated, to determine the approximate location of its underground utility lines or underground facilities in the area of the proposed excavation, and shall either: (a) Mark the approximate location of underground utility lines and underground facilities in or near the area of the excavation, so as to enable the person engaged in excavation work to locate the lines and facilities in advance of and during the excavation work, and notify the excavator through the PRIS that the facilities have been marked; or (b) Advise through the PRIS that it has no underground utility lines or underground facilities in the excavation area. SECTION 4. Section 77-13-11, Mississippi Code of 1972, is amended as follows: 77-13-11. (1) The advance notice provisions of this chapter shall not * * * apply to be required of any person making an emergency excavation at times of emergency involving an imminent danger to life, health or property or a customer service outage. However, every person who shall engage in such emergency excavation shall take all necessary and reasonable precautions to avoid or minimize interference with or damage to existing underground utility lines and underground facilities in and near the excavation area, and shall notify Mississippi 811, * * *, Incorporated Inc., of the specifically designated emergency excavation as promptly as reasonably possible so that operators may locate and mark the location of underground utility lines and underground facilities in the specifically designated emergency excavation area. In addition to the written, electronic or telephonic notice information required in Section 77-13-5(1)(a), the excavator shall also provide contact information for a person who is or will be present at the site of the emergency excavation and will be readily available to discuss the emergency excavation with operators. In the event of damage to or dislocation of any underground utility lines or underground facilities caused by any such emergency excavation work, the person responsible for the excavation shall immediately notify the operator of the damaged or dislocated underground facilities of the damage or dislocation. (2) An imminent danger to life, health, property or customer service exists whenever there is a substantial likelihood that injury, loss of life, health or customer services, or substantial property loss could result before the person responsible for the excavation or demolition can fully comply with the notification and response procedures required in Sections 77-13-7 and 77-13-17. (3) Any misrepresentation of either an emergency excavation or an impending emergency as defined in Section 77-13-3, shall constitute a violation of this chapter. SECTION 5. The following shall be codified as Section 77-13-12, Mississippi Code of 1972: 77-13-12. (1) If an excavator determines that the planned excavation will be a large project excavation, the excavator may request a preconstruction meeting by submitting notice to Mississippi 811, Inc. In the notice, the excavator shall provide the following information: (a) The location, date, and time of the preconstruction meeting which shall occur no sooner than ten (10) working days after submission of the notice; (b) The location of the proposed excavation; (c) The names, addresses, telephone numbers and email addresses of the person responsible for the excavation, the excavator's preconstruction meeting contact person, and representatives of all known contractors and subcontractors that will perform work on the excavation; (d) The expected starting date of the excavation which shall occur no sooner than ten (10) working days after the preconstruction meeting date; (e) The anticipated duration of the excavation; and (f) The types of excavation to be conducted, and whether or not explosives are to be used. (2) Upon receipt of the notice of preconstruction meeting from the excavator, the Mississippi 811, Inc. system will generate a preconstruction meeting ticket, and operators may report through the use of PRIS their intent to attend the meeting. The excavator, operators with underground lines, underground facilities, or submerged facilities in the area of the large project excavation, and all other persons who will perform excavation work or utility locating services may participate in the preconstruction meeting to exchange contact information and attempt to reach agreement on the scope of the excavation work, the dates of excavation activities, the operators' locating schedule, and any other details that the excavator and operators agree should be included in a written excavation agreement. If an operator is unable to attend the preconstruction meeting, that operator may meet separately or otherwise communicate with the excavator to discuss the details of the excavation and attempt to agree on the excavation terms. The written excavation agreement shall be considered valid only if signed by the excavator and all operators with underground lines, underground facilities or submerged facilities in the area of the excavation. (3) If the excavator and operators execute a valid written excavation agreement, the excavator shall perform the large project excavation according to the terms of the written agreement and shall also submit advance notices of excavation and perform all excavation work in accordance with Section 77-13-5. For all locate request tickets processed in accordance with Section 77-13-5 as part of the large project excavation, operators shall perform their utility-locating obligations in accordance with Section 77-13-9. If after the written excavation agreement becomes valid, the excavator determines that the excavation dates will be delayed or the scope of the large project excavation area will increase, the excavator and all operators with underground lines, underground facilities or submerged facilities in the area of the excavation shall either execute a revised written excavation agreement or the excavator shall submit a new preconstruction meeting notice. (4) If a written excavation agreement is not signed by the excavator and all operators with underground lines, underground facilities, or submerged facilities in the area of the large project excavation at least three (3) working days prior to the expected starting date of the excavation, the large project excavation classification shall be deemed null and void, the large project excavation ticket shall be canceled, and the excavator shall provide advance notice of and conduct the excavation in accordance with Section 77-13-5. SECTION 6. Section 77-13-17, Mississippi Code of 1972, is amended as follows: 77-13-17. (1) Any operator who fails to follow, abide by or comply with this chapter shall be responsible for the cost or expense the excavator shall incur as a direct result of the failure of the operator to follow, abide by or comply with the provisions of this chapter. (2) Operators who have underground utility lines * * * or, underground facilities or submerged facilities within the State of Mississippi shall be a member of Mississippi 811, Inc. (3) The person giving notice of the intent to excavate to Mississippi 811, Inc., shall be furnished an individual locate request number for each notification and, upon request, shall be furnished the names of the operators to whom the notification will be transmitted. (4) An adequate record of all notifications shall be maintained by Mississippi 811, Inc., in order to document timely compliance with this chapter. These records shall be retained for a period of not less than four (4) years and shall be made available at a reasonable cost upon proper and adequate advance request. (5) The services of Mississippi 811, Inc., will be provided on working days as defined in Section 77-13-3( * * *hv) at least between the hours of 7:30 a.m. and 5:00 p.m. (6) Mississippi 811, Inc., will voice-record the notification telephone calls and after-hour calls will at least reach a voice recording which explains emergency notification procedures. (7) All operators shall provide Mississippi 811, Inc., the following information: (a) A list of counties, cities and towns in which the operator has underground utility lines * * * or, underground facilities or submerged facilities in each county. (b) A digital map, paper map or geospatial information showing the location of the operator's underground utility lines * * * or, underground facilities and submerged facilities or for other reasons wish to receive notification of proposed excavation. (c) An update on an annual basis of each operator's underground utility lines * * * or, underground facilities and submerged facilities for the State of Mississippi. SECTION 7. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Energy |
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| 8 | 8 | | |
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| 9 | 9 | | By: Senator(s) Carter |
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| 10 | 10 | | |
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| 11 | 11 | | # Senate Bill 2365 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO AMEND SECTION 77-13-3, MISSISSIPPI CODE OF 1972, TO DEFINE TERMS; TO AMEND SECTION 77-13-5, MISSISSIPPI CODE OF 1972, TO CLARIFY PROVISIONS REGARDING NOTICE OF PLANNED EXCAVATION; TO INCLUDE SUBMERGED EXCAVATIONS; TO PROHIBIT EXCAVATIONS WITHIN THE TOLERANCE ZONE EXCEPT UPON SATISFACTION OF CERTAIN CONDITIONS; TO PROVIDE REQUIREMENTS FOR SUBMERGED EXCAVATIONS; TO AMEND SECTION 77-13-9, MISSISSIPPI CODE OF 1972, TO INCLUDE SUBMERGED FACILITIES; TO REQUIRE OPERATORS TO PERFORM THEIR OBLIGATIONS WITHIN CERTAIN TIMELINES; TO AMEND SECTION 77-13-11, MISSISSIPPI CODE OF 1972, TO REQUIRE EXCAVATORS TO PROVIDE CONTACT INFORMATION FOR A PERSON WHO WILL BE PRESENT AT THE SITE OF EXCAVATION; TO CREATE NEW SECTION 77-13-12, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR LARGE PROJECT EXCAVATIONS; TO AMEND SECTION 77-13-17, MISSISSIPPI CODE OF 1972, TO INCLUDE SUBMERGED FACILITIES; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. Section 77-13-3, Mississippi Code of 1972, is amended as follows: |
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| 18 | 18 | | |
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| 19 | 19 | | 77-13-3. The words defined in this section shall have the following meanings when found in this chapter: |
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| 20 | 20 | | |
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| 21 | 21 | | (a) "Abandoned facility" means any underground utility line or underground utility facilities no longer used in the conduct of the owner/operator's business and are not intended to be used in the future. |
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| 22 | 22 | | |
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| 23 | 23 | | (b) "Approximate location of underground utility lines or underground facilities" means information about an operator's underground utility lines or underground facilities which is provided to a person by an operator and must be accurate within eighteen (18) inches measured horizontally from the outside edge of each side of such operator's facility, or a strip of land eighteen (18) inches either side of the operator's field mark, or the marked width of the facility or line plus eighteen (18) inches on each side of the marked width of the facility or line. The approximate location of submerged facilities means information about an operator's submerged facilities which is provided to a person by an operator and must be accurate within fifteen (15) feet of the submerged facility marks. |
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| 24 | 24 | | |
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| 25 | 25 | | (c) "Board" means the Underground Facilities Damage Prevention Board, created by Section 77-13-29. |
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| 26 | 26 | | |
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| 27 | 27 | | (d) "Calendar day" means a twenty-four-hour period. |
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| 28 | 28 | | |
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| 29 | 29 | | (e) "Commission" means the Mississippi Public Service Commission. |
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| 30 | 30 | | |
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| 31 | 31 | | (f) "Damage" means the substantial weakening of structural or lateral support of underground utility lines * * * and, underground facilities or submerged facilities, penetration or destruction of any protective coating, housing or other protective devices of an underground utility line * * * or, underground facility or submerged facility, and the partial or complete severance of any underground utility line * * * or, underground facility or submerged facility, but does not include any operator's abandoned facility. |
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| 32 | 32 | | |
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| 33 | 33 | | (g) "Design Information Request" means a notification made to Mississippi 811, * * * Incorporated Inc., by a person providing professional services and making a request in preparation for bidding, preconstruction engineering, or other advance planning efforts that do not involve excavation. A design information services request may not be used for excavation purposes. |
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| 34 | 34 | | |
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| 35 | 35 | | (h) "Emergency excavation" means excavation at times of emergency involving imminent danger to life, health or property or a customer service outage. |
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| 36 | 36 | | |
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| 37 | 37 | | (i) "Excavate or excavation" means any operation in which earth, rock or other material or mass of material on or below the ground or submerged, is moved or otherwise displaced by any means, except: (i) the tilling of the soil less than twenty-four (24) inches in depth for agricultural purposes; or (ii) an operation in which earth, rock or other material or mass of material on or below the ground is moved or otherwise displaced to a depth of less than twelve (12) inches on private property by the property owner without the use of mechanical excavating equipment; or (iii) an operation in which earth, rock or other material or mass of material on or below the ground is moved or otherwise displaced without the use of mechanical excavating equipment to a depth of less than twelve (12) inches on private property by an excavator who is not the property owner, except when such excavation is in a clearly marked underground facility right-of-way; or (iv) routine railroad maintenance activities conducted within the track structure, drainage ditches, or within the railroad right-of-way, a distance not to exceed thirty (30) feet from the outside rail of the outermost track or tracks, provided this work is performed by railroad employees or railroad contractors and is carried out with reasonable care so as to protect any underground facilities properly installed in the railroad right-of-way by agreement with the railroad; or (v) routine activities of a cemetery, provided that for any cemetery that begins or expands after July 1, 2015, such activities occur only after initial notice is provided to Mississippi 811 * * *, Incorporated Inc., and all affected operators have advised that there are no underground facilities within the boundaries of the subject cemetery; or (vi) routine maintenance activities carried out by or for those responsible for publicly maintained roadways and rights-of-way, provided that the activities occur entirely within the public right-of-way and do not penetrate the earth to a depth of more than twelve (12) inches and are carried out with reasonable care so as to protect any underground facilities placed in the right-of-way. Routine maintenance activities shall be more specifically described in the rules and regulations adopted by the board; or (vii) the driving of wooden stakes by use of hand tools which do not penetrate the earth to a depth of not more than six (6) inches. The term "excavate" shall include, but not be limited to, the operations of demolition, blasting, grading, land leveling, trenching, digging, ditching, drilling, augering, directional boring, tunneling, scraping, cable or pipe plowing, driving, jacking, wrecking, razing, rending, dredging and anchoring, moving or removing any structure or other material or mass of material on or below the ground. |
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| 38 | 38 | | |
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| 39 | 39 | | (j) "Excavator" means any person who engages directly in excavation. |
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| 40 | 40 | | |
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| 41 | 41 | | (k) "Mark" means the use of stakes, paint or other clearly identifiable materials to show the field location of underground facilities in accordance with the current color code standard of the American Public Works Association, or the uncovering or exposing of underground facilities so that the excavator may readily see the location of same, or the pointing out to the excavator of certain aboveground facilities such as, but not limited to, manhole covers, valve boxes and pipe and cable risers, which indicate the location of underground facilities. In addition, submerged facilities may be marked by electronic methods or GPS coordinates. |
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| 42 | 42 | | |
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| 43 | 43 | | (l) "Mechanical excavating equipment" means all equipment powered by any motor, engine, or hydraulic or pneumatic device used for excavating and shall include, but not be limited to, trenchers, bulldozers, backhoes, power shovels, scrapers, draglines, clam shells, dredging equipment, augers, drills, cable and pipe plows and other plowing-in or pulling-in equipment. |
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| 44 | 44 | | |
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| 45 | 45 | | (m) "Mississippi 811, * * *, Incorporated Inc.," means a nonprofit corporation organized under the laws of the State of Mississippi that provides a service through which a person shall notify the operator(s) of underground facilities of plans to excavate and request marking of facilities. |
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| 46 | 46 | | |
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| 47 | 47 | | (n) "Mississippi One-Call System, Incorporated," means "Mississippi 811, * * *, Incorporated Inc." Whenever the term "Mississippi One-Call System, Incorporated," appears in this chapter, the term shall mean "Mississippi 811, * * *, Incorporated Inc." |
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| 48 | 48 | | |
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| 49 | 49 | | (o) "Operator" means any person who owns or operates a utility. However, the term "operator" shall not include any railroad or the Mississippi Department of Transportation. |
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| 50 | 50 | | |
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| 51 | 51 | | (p) "Person" means any individual, firm, partnership, association, trustee, receiver, assignee, corporation, entity, limited liability company, utility, joint venture, municipality, state governmental unit, subdivision or instrumentality of the state, or any legal representative thereof. |
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| 52 | 52 | | |
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| 53 | 53 | | (q) "Pipeline Safety Division" means the Pipeline Safety Division of the Public Service Commission. |
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| 54 | 54 | | |
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| 55 | 55 | | (r) "Positive Response Information System" or "PRIS" means an automated information system operated and maintained by Mississippi 811, * * *, Incorporated Inc., that allows excavators, locators, facility owners or operators, and other affected parties to enter and/or determine the status of a locate request. |
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| 56 | 56 | | |
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| 57 | 57 | | (s) "Underground facility" means any underground utility lines and other items which shall be buried * * * or, placed below ground or submerged for use in connection with underground utility lines and including, but not be limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, vaults, attachments and those portions of poles below the ground. |
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| 58 | 58 | | |
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| 59 | 59 | | (t) "Underground utility lines" means underground * * * or, buried or submerged cable, conduit pipes and related facilities for transportation and delivery of electricity, telecommunications (including fiber optics), water, sewage, gas, mixtures of gases, petroleum, petroleum products or hazardous, flammable, toxic or corrosive liquids. |
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| 60 | 60 | | |
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| 61 | 61 | | (u) "Utility" means any person who supplies, distributes or transports by means of underground utility lines or underground facilities any of the following materials or services: gas, mixture of gases, petroleum, petroleum products or hazardous, toxic, flammable or corrosive liquids, electricity, telecommunications (including fiber optics), sewage, drainage, water, steam or other substances. |
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| 62 | 62 | | |
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| 63 | 63 | | (v) "Working day" means a twenty-four-hour period commencing from the time the locate request ticket is processed or entered into the * * * system by Mississippi 811, * * * Incorporated, Inc. system, in accordance with this chapter, excluding Saturdays, Sundays and legal holidays. |
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| 64 | 64 | | |
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| 65 | 65 | | (w) "Impending Emergency" means circumstances potentially dangerous to life, health, property, or loss of customer services, which would likely develop into an emergency, as defined in Section 77-13-11, if excavation is not initiated sooner than the normal notification requirements allow. |
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| 66 | 66 | | |
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| 67 | 67 | | (x) "Locate request ticket" means an electronic document generated by the Mississippi 811, Inc. system, which includes the information described in Section 77-13-5 * * *(c)(1)(a). |
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| 68 | 68 | | |
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| 69 | 69 | | (y) "Trenchless excavation" means horizontal excavation parallel to the surface of the earth, which does not use trenching or vertical digging as the primary means of excavation, including, but not limited to, directional boring, tunneling, or augering. |
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| 70 | 70 | | |
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| 71 | 71 | | (z) "Electronic pre-marking " means a process in which the excavator submits a locate request ticket through the Web Portal and simultaneously pre-marks the approximate boundary of the proposed excavation area in the Mississippi 811 Web Portal map by drawing lines, points, or polygon geometries, providing a clear visual of the proposed excavation or demolition area. |
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| 72 | 72 | | |
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| 73 | 73 | | (aa) "Large project excavation" means an excavation project that an excavator determines cannot be reasonably completed within seventeen (17) calendar days from the time the locate request ticket is processed in the Mississippi 811, Inc. system, or for submerged excavation, thirty (30) calendar days from the time the locate request ticket is processed in the Mississippi 811, Inc. system, due to its large area or complexity. |
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| 74 | 74 | | |
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| 75 | 75 | | (bb) "Marine exclusion zone" means a strip measured seventy-five (75) feet from the outside edge of both sides of the submerged facility marks on a horizontal plane. |
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| 76 | 76 | | |
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| 77 | 77 | | (cc) "Preconstruction meeting" means an in-person, video, or telephonic meeting held among a large project excavator, its contractors, all operators with underground lines, underground facilities or submerged facilities in the area of a large project excavation, and the operators' locators to discuss the large project excavation, and facilitate the exchange of maps, plans, excavation and locating schedules, contact information, and other information related to the large project excavation. |
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| 78 | 78 | | |
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| 79 | 79 | | (dd) "Preconstruction meeting ticket" means an electronic document generated by the Mississippi 811, Inc. system and transmitted to operators with underground utility lines, underground facilities or submerged facilities in the area of the large project excavation, for the purposes of facilitating a preconstruction meeting in advance of a large project excavation. |
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| 80 | 80 | | |
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| 81 | 81 | | (ee) "Submerged excavation" means excavation that occurs under a body of water, including rivers, lakes, waterways, bays, the sea, and arms of the sea. |
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| 82 | 82 | | |
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| 83 | 83 | | (ff) "Submerged facility" means an underground facility or underground utility line that is normally submerged under a body of water, including rivers, lakes, waterways, bays, the sea, and arms of the sea. |
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| 84 | 84 | | |
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| 85 | 85 | | (gg) "Tolerance zone" means a strip of land measured eighteen (18) inches, plus one-half (1/2) of the diameter of the underground facility or underground utility if such diameter is indicated at the marks, from the outside edge of both sides of the marks on a horizontal plane. |
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| 86 | 86 | | |
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| 87 | 87 | | (hh) "Web portal" means an online platform operated and maintained by Mississippi 811, Inc., that allows excavators to electronically submit and track locate request tickets and allows facility owners or operators to submit information to the positive response information system. |
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| 88 | 88 | | |
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| 89 | 89 | | SECTION 2. Section 77-13-5, Mississippi Code of 1972, is amended as follows: |
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| 90 | 90 | | |
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| 91 | 91 | | 77-13-5. * * * (1) In addition to complying with all other applicable regulations and requirements of federal, state, county and municipal authorities, no person shall engage in excavation of any kind, before meeting the notification requirements of this chapter. Under this chapter the excavator shall: |
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| 92 | 92 | | |
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| 93 | 93 | | (a) Inform himself/herself of the presence and location of any underground utility lines and underground facilities in or near the area where excavation is to be conducted; |
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| 94 | 94 | | |
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| 95 | 95 | | (b) Plan and conduct the excavation to avoid or minimize interference with or damage to underground utility lines and underground facilities in or near the excavation area; maintain a clearance between any underground utility line or underground facility and the cutting edge or point of any mechanical excavating equipment, taking into account the known limit of control of such cutting edge or point, as may be reasonably necessary to avoid damage to such facility; and provide such support for underground utility lines or underground facilities in and near the excavation area, including during any backfilling operations, as may be reasonably necessary for the protection of such facilities. |
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| 96 | 96 | | |
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| 97 | 97 | | ( * * *c1) Except for emergency excavation as provided in Section 77-13-11, impending emergency excavation as provided in paragraph (c) of this subsection, and submerged excavation as provided in subsection (8) of this section, before beginning any excavation, * * * other than an impending emergency as defined in Section 77‑13‑3, the excavator shall: |
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| 98 | 98 | | |
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| 99 | 99 | | (a) Provide not less than three (3) and not more than ten (10) working days' advance written, electronic or telephonic notice of the commencement, extent, location and duration of the excavation work to Mississippi 811, * * * Incorporated Inc., so that * * * Mississippi 811, Incorporated, a locate request ticket may be processed, notifying operator(s) * * * may to locate and mark the location of underground utility lines and underground facilities in the excavation area. The advance written, electronic or telephonic notice required by this subsection shall not be required where a qualified operator using reasonable care so as to protect himself and any underground facility that may be in the area, uses a hand-powered probe rod to locate that operator's underground facilities for the purpose of underground facility mapping. |
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| 100 | 100 | | |
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| 101 | 101 | | The written, electronic or telephonic notice required by this paragraph ( * * *ca) shall contain the name, address and telephone number of the person filing the notice of intent, the person responsible for the excavation, the starting date, anticipated duration, type of excavation to be conducted, the location of the proposed excavation, which is limited to an area the excavator reasonably believes may be completed within * * * fourteen (14) seventeen (17) calendar days from the date and time the locate request ticket is processed * * * or entered into in the Mississippi 811, Inc., system and does not include any area in which the excavator has already completed the excavation work, and whether or not explosives are to be used. |
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| 102 | 102 | | |
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| 103 | 103 | | In addition to all other violations of this chapter, providing advanced written notification required by this paragraph ( * * *ca) where the proposed excavation location could not reasonably be completed within * * * fourteen (14) seventeen (17) calendar days from the date and time the locate request ticket is processed * * * or entered into in the Mississippi 811, Inc., system or where the proposed excavation location includes any area in which the excavator has already completed the excavation work shall constitute violations of this chapter. |
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| 104 | 104 | | |
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| 105 | 105 | | (b) Prior to providing the advance notice to Mississippi 811, Inc., as required by * * * this paragraph (c) paragraph (a) of this subsection, the excavator shall pre-mark the approximate boundary of the proposed excavation area with white paint, flags * * * or, stakes or electronic pre-marking. Where an excavator pre-marks the proposed excavation area with a single stake or other single-point indicator, that excavator represents that the proposed excavation area does not exceed fifty (50) feet in any direction from the pre-mark. Pre-marking of the proposed excavation area shall not exceed the actual area of excavation. Pre-marking of the proposed excavation area with white paint, flags * * * or, stakes or electronic pre-marking shall not be required * * * if the area can be defined in the advance written, electronic or telephonic notice by a street address, lot and block number, distance from a driveway or street intersection, or by other geographical descriptions more specifically described in the rules and regulations adopted by the Board for excavation performed on property owned by the excavator where the proposed excavation area can be clearly and adequately defined and described in the locate request ticket. |
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| 106 | 106 | | |
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| 107 | 107 | | ( * * *dc) Provide advance written, electronic or telephonic notice of the commencement, extent, location and duration of the excavation work to Mississippi 811, * * *, Incorporated Inc., for excavations required due to an impending emergency, that includes an excavation start time that is not less than twelve (12) hours from the time of notices provided between 8:00 p.m. and 11:59 a.m., and not sooner than 8:00 a.m., on the next calendar day for notices provided between 12:00 p.m. and 7:59 p.m., so that * * * Mississippi 811, Incorporated, a locate request tickets may be processed, informing operators * * * may to locate and mark the location of underground utility lines and underground facilities in the excavation area. |
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| 108 | 108 | | |
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| 109 | 109 | | In addition to the written, electronic or telephonic notice information required in * * * subsection (1) paragraph ( * * *ca) of this subsection, the excavator shall also provide contact information for a person readily available to discuss the impending emergency excavation with operators. |
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| 110 | 110 | | |
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| 111 | 111 | | (2) Except for submerged excavation, the markings provided by operators and the locate request number shall only be valid for a period of * * * fourteen (14) seventeen (17) calendar days from the date and time the locate request ticket is processed * * * or entered into the system by Mississippi 811, Inc. system. The excavator shall preserve all markings until they are no longer required for proper and safe excavation. When a mark is no longer visible, but the excavator's work continues in the vicinity of underground facilities, underground lines or submerged facilities, the excavator shall notify Mississippi 811, Inc. of the need for a remark. An excavator shall not make repeated requests for remarking unless necessary due to circumstances not reasonably within the control of the excavator. |
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| 112 | 112 | | |
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| 113 | 113 | | (3) Except for submerged excavation, the person responsible for the excavation project shall renew the notification with Mississippi 811, * * *, Incorporated Inc., at least three (3) and not more than four (4) working days prior to this expiration date and shall continue to renew such notification in the same manner throughout the duration of the excavation. Such renewal notice shall be valid for a period of * * * fourteen (14) seventeen (17) calendar days from the date and time the renewal locate request is processed * * * or entered into the system by in the Mississippi 811, * * * Incorporated Inc. system. The proposed excavation location on a renewal locate request ticket shall not include any area in which the excavator has already completed the excavation work. In addition to all other violations of this chapter, renewing a locate request ticket that includes any area within the proposed excavation location in which the excavator has already completed the excavation work shall constitute a violation of this chapter. |
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| 114 | 114 | | |
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| 115 | 115 | | ( * * *34) Compliance with the notice requirements of this section shall not be required of: (a) persons plowing less than twenty-four (24) inches in depth for agricultural purposes; (b) persons who are moving or otherwise displacing, by hand, earth, rock or other material or mass of material on or below the ground at a depth of less than twelve (12) inches on property they own; and (c) persons, other than the property owner, who are moving or otherwise displacing, by hand, earth, rock or other material or mass of material on or below the ground at a depth of less than twelve (12) inches, except when such excavation is in a clearly marked underground facility right-of-way. |
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| 116 | 116 | | |
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| 117 | 117 | | (5) In addition to complying with this act and all other applicable regulations and requirements of federal, state, county and municipal authorities, no person shall engage in excavation of any kind within the tolerance zone unless the excavator satisfies all of the following conditions: |
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| 118 | 118 | | |
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| 119 | 119 | | (a) Determines the precise location of all marked underground facilities and underground lines in or near the area where the excavation is to be conducted using noninvasive methods of excavation such as hand digging, potholing, soft digging, vacuum methods, use of pressurized air or water, pneumatic hand tools or other similar procedures; |
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| 120 | 120 | | |
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| 121 | 121 | | (b) Plans and conducts the excavation to avoid or minimize interference with or damage to underground utility lines and underground facilities in or near the excavation area; |
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| 122 | 122 | | |
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| 123 | 123 | | (c) Maintains a clearance between any underground utility line or underground facility and the cutting edge or point of any mechanical excavating equipment, taking into account the known limit of control of such cutting edge or point, as may be reasonably necessary to avoid damage to such facility; and |
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| 124 | 124 | | |
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| 125 | 125 | | (d) Provides such support for underground utility lines and underground facilities in and near the excavation area, including during any backfilling operations, as may be reasonably necessary for the protection of such facilities. |
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| 126 | 126 | | |
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| 127 | 127 | | ( * * *46) A person may make a written, electronic or telephonic design information request to Mississippi 811, * * * Incorporated Inc., so that owners and operators of utilities may locate underground utility lines * * * and, underground facilities and submerged facilities in the design information area. The design information request shall contain the name, address, and telephone number of the person making the request, the type of project planned, and a description of the area to be located with sufficient particularity to enable the utility owner or operator to ascertain the precise tract or parcel of land involved. |
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| 128 | 128 | | |
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| 129 | 129 | | ( * * *57) (a) Notwithstanding any other provision of this chapter to the contrary, the procedures and requirements set forth in this subsection ( * * *57) shall apply on the site of any excavation involving trenchless excavation, including directional boring, where the approximate location of underground utility lines or underground facilities has been marked in compliance with Section 77-13-9. |
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| 130 | 130 | | |
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| 131 | 131 | | (b) The excavator shall not use power-driven equipment for trenchless excavation, including directional boring, across or within the * * * marked approximate location of underground utility lines or underground facilities tolerance zone unless, when reasonably practical, the excavator exposes the planned trenchless excavation path by a noninvasive method such as hand digging, potholing when practical, soft digging, vacuum methods, use of pressurized air or water, or pneumatic hand tools and then carefully and prudently monitors the horizontal and vertical location of the trenchless excavation device in a manner calculated to enable the device to be visually observed by the excavator as it crosses the entire width of the * * * marked approximate location of the underground facilities tolerance zone. |
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| 132 | 132 | | |
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| 133 | 133 | | (c) For trenchless excavations, including directional boring, parallel to the * * * marked approximate location of underground utility lines or underground facilities tolerance zone, the excavator shall, when reasonably practical, use a noninvasive method such as hand digging, potholing when practical, soft digging, vacuum methods, use of pressurized air or water, or pneumatic hand tools to identify the actual location of the underground utility facility at careful and prudent intervals. |
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| 134 | 134 | | |
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| 135 | 135 | | (8) (a) Before beginning any submerged excavation, the excavator shall provide not less than seven (7) working days' advance written, electronic or telephonic notice of the commencement, extent, location and duration of the submerged excavation work to Mississippi 811, Inc., so that a locate request ticket may be processed notifying operator(s) to locate and mark the location of submerged facilities in the excavation area. The written, electronic or telephonic notice required by this subsection (8) shall contain the name, address and telephone number of the person filing the notice of intent, the person responsible for the excavation, the starting date, anticipated duration, type of excavation to be conducted, and the location of the proposed excavation which is limited to an area the excavator reasonably believes may be completed within thirty (30) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc. system and does not include any area in which the excavator has already completed the excavation work, and whether or not explosives are to be used. In addition to all other violations of this chapter, providing advanced written notification required by this paragraph (a) where the proposed submerged excavation location could not reasonably be completed within thirty (30) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc. system or where the proposed excavation location includes any area in which the excavator has already completed the excavation work shall constitute violations of this chapter. Prior to providing the advance notice to Mississippi 811, Inc., as required by this paragraph (a), the excavator shall pre-mark the approximate boundary of the proposed excavation area with white paint, flags, stakes, or electronic pre-marking. |
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| 136 | 136 | | |
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| 137 | 137 | | (b) For submerged facilities, the markings provided by operators and the locate request ticket shall be valid for a period of thirty (30) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc. system. The person responsible for the excavation project shall renew the notification with Mississippi 811, Inc., at least seven (7) and not more than ten (10) working days prior to this expiration date and shall continue to renew such notification in the same manner throughout the duration of the excavation. Such renewal notice shall be valid for a period of thirty (30) calendar days from the date and time the renewal locate request ticket is processed in the Mississippi 811, Inc. system. The proposed excavation location on a renewal locate request ticket shall not include any area in which the excavator has already completed the excavation work. In addition to all other violations of this chapter, renewing a locate request ticket that includes any area within the proposed submerged excavation location in which the excavator has already completed the excavation work shall constitute a violation of this chapter. |
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| 138 | 138 | | |
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| 139 | 139 | | (c) A person seeking to excavate within the marine exclusion zone shall request consent from operators with submerged facilities located within the marine exclusion zone, and in such instances, the operators shall in good faith, respond to and consult with the requesting excavator. No excavation may occur within the marine exclusion zone without the written consent from operators with submerged facilities located within the marine exclusion zone, and said consent shall not be unreasonably withheld. |
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| 140 | 140 | | |
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| 141 | 141 | | SECTION 3. Section 77-13-9, Mississippi Code of 1972, is amended as follows: |
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| 142 | 142 | | |
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| 143 | 143 | | 77-13-9. (1) Every person owning or operating underground utility lines * * * or, underground facilities or submerged facilities shall, upon receiving advance notice of the commencement of excavation, in accordance with Section 77-13-5, make an investigation * * *, and shall report through the use of the PRIS the status of the work performed, within three (3) working days from the time notice is provided in accordance with this chapter to Mississippi 811, Incorporated, to determine the approximate location of its underground utility lines * * * or, underground facilities and submerged facilities in the area of the proposed excavation, and shall either: (a) mark the approximate location of underground utility lines * * * and, underground facilities and submerged facilities in or near the area of the excavation, so as to enable the person engaged in excavation work to locate the lines and facilities in advance of and during the excavation work and notify the excavator through the PRIS that the facilities have been marked; or (b) advise through the PRIS that it has no underground utility lines * * * or, underground facilities or submerged facilities in the excavation area * * *; or (c) advise through the PRIS that it can locate its underground utility lines or underground facilities in the excavation area only by excavation. If an operator can locate its underground utility lines or underground facilities in the excavation area only by excavation and has given proper notice of such, that operator shall be allowed a reasonable amount of additional time, not to exceed four (4) working days from the day the original notice was provided in accordance with this chapter, to mark the approximate location of the underground utility lines or underground facilities. |
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| 144 | 144 | | |
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| 145 | 145 | | (2) * * * In lieu of such marking, the operator may request to be present at the site upon commencement of the excavation, so long as the operator complies within three (3) working days of the receipt of the notice. Unless otherwise agreed in writing between the operator and the excavator, the operator shall perform its obligations described in subsection (1) of this section within the following times: |
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| 146 | 146 | | |
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| 147 | 147 | | (a) Standard excavation: For an underground utility line or underground facility in the area of excavation, within three (3) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(1)(a). If an operator can locate its underground utility lines or underground facilities in the excavation area only by excavation, the operator shall provide notice of such through PRIS and that operator shall be allowed a reasonable amount of additional time, not to exceed four (4) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(1)(a), to mark the approximate location of the underground utility lines or underground facilities. In lieu of marking described in subsection (1) of this section, the operator may request to be present at the site upon commencement of the excavation, so long as the operator complies within three (3) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(1)(a). |
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| 148 | 148 | | |
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| 149 | 149 | | (b) Submerged excavation: For a submerged facility in the area of submerged excavation, within seven (7) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(8). |
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| 150 | 150 | | |
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| 151 | 151 | | (c) Emergency excavation: For an underground utility line or underground facility in the area of an emergency excavation, within two (2) hours from the time the locate request ticket is processed in accordance with Section 77-13-11. |
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| 152 | 152 | | |
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| 153 | 153 | | (d) Impending emergency excavation: For an underground utility line or underground facility in the area of impending emergency excavation, prior to the start time of excavation provided in the locate request ticket in accordance with Section 77-13-5(1)(c). |
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| 154 | 154 | | |
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| 155 | 155 | | (3) Prior to and during excavation, the excavator shall inspect the excavation site and inform himself or herself of the presence of marks and evidence of unmarked underground utility lines or underground facilities on the excavation site. When an excavator, upon arriving at an excavation site, sees evidence of unmarked underground utility lines or underground facilities or encounters an unmarked underground utility line or underground facility on an excavation site after excavation has commenced where notice of intent has been made in accordance with the provisions of this chapter, that excavator must immediately contact Mississippi 811, * * * Incorporated Inc. All operator(s) thus notified must contact the excavator within two (2) hours and inform the excavator of any of their known underground facilities, active or abandoned, at the site of the excavation. |
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| 156 | 156 | | |
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| 157 | 157 | | (4) When marking the approximate location of the facilities, the operator shall follow the color code designated and described herein, unless otherwise provided for by specific administrative rule or regulation promulgated pursuant to this chapter, namely: |
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| 158 | 158 | | |
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| 159 | 159 | | UTILITY OR TYPE OF FACILITY GROUP IDENTIFYING COLOR |
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| 160 | 160 | | |
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| 161 | 161 | | Electric Safety Red |
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| 162 | 162 | | |
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| 163 | 163 | | Petroleum Product/Hazardous/ |
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| 164 | 164 | | |
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| 165 | 165 | | Flammable/Corrosive/Toxic |
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| 166 | 166 | | |
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| 167 | 167 | | Materials, Product and Steam |
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| 168 | 168 | | |
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| 169 | 169 | | Lines, Gas or Gaseous Material High Visibility Safety |
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| 170 | 170 | | |
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| 171 | 171 | | Yellow |
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| 172 | 172 | | |
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| 173 | 173 | | Telecommunications (including fiber |
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| 174 | 174 | | |
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| 175 | 175 | | optics) and CATV Safety Alert Orange |
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| 176 | 176 | | |
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| 177 | 177 | | Potable Water Safety Precaution Blue |
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| 178 | 178 | | |
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| 179 | 179 | | Reclaimed Water, Irrigation, |
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| 180 | 180 | | |
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| 181 | 181 | | Slurry Lines Purple |
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| 182 | 182 | | |
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| 183 | 183 | | Sewer and Drain Lines Safety Green |
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| 184 | 184 | | |
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| 185 | 185 | | Temporary Survey Markings High Visibility Pink |
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| 186 | 186 | | |
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| 187 | 187 | | Proposed Excavation White |
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| 188 | 188 | | |
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| 189 | 189 | | (5) All utility facilities installed by owners or operators of utilities on or after January 1, 2010, shall be installed in such manner that the utility facility may be located by using a generally accepted electronic locating method. |
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| 190 | 190 | | |
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| 191 | 191 | | (6) * * * Except for emergency excavations, If, before the expiration of the * * * three (3) working days' waiting period times set forth in subsection (2) of this section, all identified facility owners or operators have responded to the locate request and all have indicated that their facilities are either not in conflict or have been marked as indicated through the use of the PRIS, then the person planning to perform excavation or blasting shall be authorized to commence work, subject to the other requirements of this section, without waiting * * * the full three (3) working days for the times set forth in subsection (2) of this section to expire. |
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| 192 | 192 | | |
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| 193 | 193 | | (7) Upon receiving a design information request, the utility owner or operator shall within seven (7) working days from the time notice is provided in accordance with this chapter to Mississippi 811, * * * Incorporated Inc., respond by one (1) of the following methods: (a) marking the approximate location of its underground utility lines * * * and, underground facilities and submerged facilities in the area in accordance with subsection (1) of this section; (b) providing to the person making the design information request the best available description of its underground utility lines * * * and, underground facilities and submerged facilities in the area which may include drawings or other records maintained by the utility owner or operator; or (c) allowing the person making the design information request or any other authorized person to inspect or copy the drawings or other records for all underground utility lines and utility facilities in the area. |
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| 194 | 194 | | |
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| 195 | 195 | | * * * (8) Every person owning or operating underground utility lines or underground facilities shall, upon receiving advance notice of the commencement of impending emergency excavation, make an investigation, and report through the use of the PRIS the status of the work performed, prior to the noticed time of excavation provided to Mississippi 811, Incorporated, to determine the approximate location of its underground utility lines or underground facilities in the area of the proposed excavation, and shall either: |
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| 196 | 196 | | |
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| 197 | 197 | | (a) Mark the approximate location of underground utility lines and underground facilities in or near the area of the excavation, so as to enable the person engaged in excavation work to locate the lines and facilities in advance of and during the excavation work, and notify the excavator through the PRIS that the facilities have been marked; or |
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| 198 | 198 | | |
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| 199 | 199 | | (b) Advise through the PRIS that it has no underground utility lines or underground facilities in the excavation area. |
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| 200 | 200 | | |
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| 201 | 201 | | SECTION 4. Section 77-13-11, Mississippi Code of 1972, is amended as follows: |
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| 202 | 202 | | |
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| 203 | 203 | | 77-13-11. (1) The advance notice provisions of this chapter shall not * * * apply to be required of any person making an emergency excavation at times of emergency involving an imminent danger to life, health or property or a customer service outage. However, every person who shall engage in such emergency excavation shall take all necessary and reasonable precautions to avoid or minimize interference with or damage to existing underground utility lines and underground facilities in and near the excavation area, and shall notify Mississippi 811, * * *, Incorporated Inc., of the specifically designated emergency excavation as promptly as reasonably possible so that operators may locate and mark the location of underground utility lines and underground facilities in the specifically designated emergency excavation area. In addition to the written, electronic or telephonic notice information required in Section 77-13-5(1)(a), the excavator shall also provide contact information for a person who is or will be present at the site of the emergency excavation and will be readily available to discuss the emergency excavation with operators. In the event of damage to or dislocation of any underground utility lines or underground facilities caused by any such emergency excavation work, the person responsible for the excavation shall immediately notify the operator of the damaged or dislocated underground facilities of the damage or dislocation. |
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| 204 | 204 | | |
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| 205 | 205 | | (2) An imminent danger to life, health, property or customer service exists whenever there is a substantial likelihood that injury, loss of life, health or customer services, or substantial property loss could result before the person responsible for the excavation or demolition can fully comply with the notification and response procedures required in Sections 77-13-7 and 77-13-17. |
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| 206 | 206 | | |
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| 207 | 207 | | (3) Any misrepresentation of either an emergency excavation or an impending emergency as defined in Section 77-13-3, shall constitute a violation of this chapter. |
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| 208 | 208 | | |
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| 209 | 209 | | SECTION 5. The following shall be codified as Section 77-13-12, Mississippi Code of 1972: |
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| 210 | 210 | | |
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| 211 | 211 | | 77-13-12. (1) If an excavator determines that the planned excavation will be a large project excavation, the excavator may request a preconstruction meeting by submitting notice to Mississippi 811, Inc. In the notice, the excavator shall provide the following information: |
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| 212 | 212 | | |
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| 213 | 213 | | (a) The location, date, and time of the preconstruction meeting which shall occur no sooner than ten (10) working days after submission of the notice; |
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| 214 | 214 | | |
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| 215 | 215 | | (b) The location of the proposed excavation; |
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| 216 | 216 | | |
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| 217 | 217 | | (c) The names, addresses, telephone numbers and email addresses of the person responsible for the excavation, the excavator's preconstruction meeting contact person, and representatives of all known contractors and subcontractors that will perform work on the excavation; |
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| 218 | 218 | | |
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| 219 | 219 | | (d) The expected starting date of the excavation which shall occur no sooner than ten (10) working days after the preconstruction meeting date; |
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| 220 | 220 | | |
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| 221 | 221 | | (e) The anticipated duration of the excavation; and |
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| 222 | 222 | | |
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| 223 | 223 | | (f) The types of excavation to be conducted, and whether or not explosives are to be used. |
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| 224 | 224 | | |
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| 225 | 225 | | (2) Upon receipt of the notice of preconstruction meeting from the excavator, the Mississippi 811, Inc. system will generate a preconstruction meeting ticket, and operators may report through the use of PRIS their intent to attend the meeting. The excavator, operators with underground lines, underground facilities, or submerged facilities in the area of the large project excavation, and all other persons who will perform excavation work or utility locating services may participate in the preconstruction meeting to exchange contact information and attempt to reach agreement on the scope of the excavation work, the dates of excavation activities, the operators' locating schedule, and any other details that the excavator and operators agree should be included in a written excavation agreement. If an operator is unable to attend the preconstruction meeting, that operator may meet separately or otherwise communicate with the excavator to discuss the details of the excavation and attempt to agree on the excavation terms. The written excavation agreement shall be considered valid only if signed by the excavator and all operators with underground lines, underground facilities or submerged facilities in the area of the excavation. |
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| 226 | 226 | | |
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| 227 | 227 | | (3) If the excavator and operators execute a valid written excavation agreement, the excavator shall perform the large project excavation according to the terms of the written agreement and shall also submit advance notices of excavation and perform all excavation work in accordance with Section 77-13-5. For all locate request tickets processed in accordance with Section 77-13-5 as part of the large project excavation, operators shall perform their utility-locating obligations in accordance with Section 77-13-9. If after the written excavation agreement becomes valid, the excavator determines that the excavation dates will be delayed or the scope of the large project excavation area will increase, the excavator and all operators with underground lines, underground facilities or submerged facilities in the area of the excavation shall either execute a revised written excavation agreement or the excavator shall submit a new preconstruction meeting notice. |
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| 228 | 228 | | |
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| 229 | 229 | | (4) If a written excavation agreement is not signed by the excavator and all operators with underground lines, underground facilities, or submerged facilities in the area of the large project excavation at least three (3) working days prior to the expected starting date of the excavation, the large project excavation classification shall be deemed null and void, the large project excavation ticket shall be canceled, and the excavator shall provide advance notice of and conduct the excavation in accordance with Section 77-13-5. |
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| 230 | 230 | | |
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| 231 | 231 | | SECTION 6. Section 77-13-17, Mississippi Code of 1972, is amended as follows: |
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| 232 | 232 | | |
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| 233 | 233 | | 77-13-17. (1) Any operator who fails to follow, abide by or comply with this chapter shall be responsible for the cost or expense the excavator shall incur as a direct result of the failure of the operator to follow, abide by or comply with the provisions of this chapter. |
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| 234 | 234 | | |
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| 235 | 235 | | (2) Operators who have underground utility lines * * * or, underground facilities or submerged facilities within the State of Mississippi shall be a member of Mississippi 811, Inc. |
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| 236 | 236 | | |
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| 237 | 237 | | (3) The person giving notice of the intent to excavate to Mississippi 811, Inc., shall be furnished an individual locate request number for each notification and, upon request, shall be furnished the names of the operators to whom the notification will be transmitted. |
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| 238 | 238 | | |
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| 239 | 239 | | (4) An adequate record of all notifications shall be maintained by Mississippi 811, Inc., in order to document timely compliance with this chapter. These records shall be retained for a period of not less than four (4) years and shall be made available at a reasonable cost upon proper and adequate advance request. |
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| 240 | 240 | | |
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| 241 | 241 | | (5) The services of Mississippi 811, Inc., will be provided on working days as defined in Section 77-13-3( * * *hv) at least between the hours of 7:30 a.m. and 5:00 p.m. |
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| 242 | 242 | | |
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| 243 | 243 | | (6) Mississippi 811, Inc., will voice-record the notification telephone calls and after-hour calls will at least reach a voice recording which explains emergency notification procedures. |
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| 244 | 244 | | |
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| 245 | 245 | | (7) All operators shall provide Mississippi 811, Inc., the following information: |
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| 246 | 246 | | |
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| 247 | 247 | | (a) A list of counties, cities and towns in which the operator has underground utility lines * * * or, underground facilities or submerged facilities in each county. |
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| 248 | 248 | | |
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| 249 | 249 | | (b) A digital map, paper map or geospatial information showing the location of the operator's underground utility lines * * * or, underground facilities and submerged facilities or for other reasons wish to receive notification of proposed excavation. |
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| 250 | 250 | | |
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| 251 | 251 | | (c) An update on an annual basis of each operator's underground utility lines * * * or, underground facilities and submerged facilities for the State of Mississippi. |
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| 252 | 252 | | |
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| 253 | 253 | | SECTION 7. This act shall take effect and be in force from and after July 1, 2025. |
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