Text: HSB00704 Text: HSB00706 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 480.1, subsection 4, unnumbered 1 2 paragraph 2, Code 1995, is amended to read as follows: 1 3 "Excavation" does not include normal farming operations, 1 4 residential,or commercial, or similargardening,the opening1 5of a grave site in a cemetery,normal activities involved in 1 6 land surveying pursuant to chapter 542B, operations in a solid 1 7 waste disposal site, or the opening of a grave site in a 1 8 cemetery, which has planned for underground facilities, the 1 9 replacement of an existing traffic sign at its current 1 10 location and at no more than its current depth, and normal 1 11 road or highway maintenance which does not change the original 1 12grade of the roadway orelevation of the road or does not 1 13 involve excavation of the ditch. 1 14 Sec. 2. Section 480.1, Code 1995, is amended by adding the 1 15 following new subsection: 1 16 NEW SUBSECTION. 11. "Utilities board" means the utilities 1 17 board established in section 474.1. 1 18 Sec. 3. Section 480.3, subsection 1, paragraph a, Code 1 19 Supplement 1995, is amended to read as follows: 1 20 a. A statewide notification center is established and 1 21 shall be organized as a nonprofit corporation pursuant to 1 22 chapter 504A. The center shall be governed by a board of 1 23 directors which shall represent and be elected by operators, 1 24 excavators, and other persons who participate in the center. 1 25 The board shall, with input from all interested parties, 1 26determine theimplement appropriate operating procedures and 1 27 technology for rural and incorporated areas, individually or 1 28 jointly, as needed for a single statewide notification center, 1 29 and establish a notification process and competitive bidding 1 30 procedure to select a vendor to provide the notification 1 31 service. The terms of the agreement for the notification 1 32 service may be modified from time to time by the board, and 1 33 the agreement shall be reviewed, with an opportunity to 1 34 receive new bids, no less frequently than every three years. 1 35 Sec. 4. Section 480.3, subsections 2 and 3, Code 2 1 Supplement 1995, are amended to read as follows: 2 2 2. The board shall implement and maintain thelatest and2 3 most cost-effective and efficient technological improvements 2 4 and administrative procedures for the center in order to 2 5 provide operators and excavators with the most accurate data 2 6 availableand in a timely mannerto allow operators and 2 7 excavators to perform their responsibilities in a timely 2 8 manner with the minimum amount of interruptions and with a 2 9 maximum amount of safety, accuracy, and efficiency. 2 10 3. Every operator shall participate in and share in the 2 11 costs of the notification center. The financial condition and 2 12 the administrative and service transactions of the 2 13 notification center shall be audited at least once each year 2 14 by a certified public accountant. The notification center 2 15 shall not provide any form of aid or make a contribution to a 2 16 political party or to the campaign of a candidate for 2 17 political or public office. In addition to any applicable 2 18 civil penalty, as provided in section 480.6, a violation of 2 19 this section constitutes a simple misdemeanor. 2 20 Sec. 5. Section 480.4, Code 1995, is amended to read as 2 21 follows: 2 22 480.4 REQUIRED NOTICE – LOCATION AND MARKING OF 2 23 UNDERGROUND FACILITIES – EXCEPTION. 2 24 1. Except as otherwise provided in this section, prior to 2 25 any excavation, an excavator shall contact the notification 2 26 center and provide notice of the planned excavation. This 2 27 notice must be given at least forty-eight hours prior to the 2 28 commencement of the excavation, excluding Saturdays, Sundays, 2 29 and legal holidays. The notification center shall establish a 2 30 toll-free telephone number to allow excavators to provide the 2 31 notice required pursuant to this subsection. 2 32 A notice provided pursuant to this subsection shall be 2 33verbal and include the following information:made to the 2 34 notification center in a form and manner specified by the 2 35 board by rule and shall be complete and accurate in describing 3 1 the precise area of excavation. The rules of the board shall 3 2 specifically provide for data or information necessary to 3 3 provide timely, accurate, and comprehensive communication 3 4 between the excavator, notification center, and operator. 3 5a. The name of the person providing the notice.3 6b. The precise location of the proposed area of3 7excavation, including the range, township, section, and3 8quarter section, if known.3 9c. The name and address of the excavator.3 10d. The excavator's telephone number.3 11e. The type and extent of the proposed excavation.3 12f. Whether the discharge of explosives is anticipated.3 13g. The date and time when excavation is scheduled to3 14begin.3 15 For purposes of the requirements of this section, an 3 16 excavation commences the first time excavation occurs in an 3 17 area that was not previously identified by the excavator in an 3 18 excavation notice. 3 19 2. The notification center, upon receiving notice from an 3 20 excavator, shall immediately transmit the information 3 21 contained in the notice to each operator in the area of the 3 22 proposed excavation and provide the names of all operators in 3 23 that area to the excavator. The notification center shall 3 24 assign an inquiry identification number to each notice and 3 25 shall maintain a record of each notice for at least six years 3 26 from the date the notice is received. The notification center 3 27 shall not assess an operator who requests in writing not to 3 28 receive a notification of its own excavations for any portion 3 29 of the costs associated with such excavations. 3 30 3. a. (1) An operator who receives notice from the 3 31 notification center shall mark the horizontal location of the 3 32 operator's underground facility and the excavator shall use 3 33 due care in excavating in the marked area to avoid damaging 3 34 the underground facility. The operator shall complete such 3 35 locating and marking within forty-eight hours after receiving 4 1 the notice, excluding Saturdays, Sundays, and legal holidays, 4 2 unless otherwise agreed by the operator and the excavator. 4 3 The locating and marking of the underground facilities shall 4 4 be completed at no cost to the excavator. If, in the opinion 4 5 of the operator, the planned excavation requires that the 4 6 precise location of the underground facilities be determined, 4 7 the excavator, unless otherwise agreed upon between the 4 8 excavator and the operator, shall hand dig test holes to 4 9 determine the location of the facilities unless the operator 4 10 specifies an alternate method. 4 11 (2) The marking required under this subsection shall be 4 12 done in a manner that will last for a minimum of five working 4 13 days on any nonpermanent surface, or a minimum of ten working 4 14 days on any permanent surface. If the excavation will 4 15 continue for any period longer than such periods, the 4 16 excavator shall remark the area of excavation and the operator 4 17 shall remark the location of the underground facility and 4 18 areas of excavation upon the request of the excavator or 4 19 operator, as applicable. The request shall be made through 4 20 the notification center. 4 21 b. An operator who receives notice from the notification 4 22 center and who determines that the operator does not have any 4 23 underground facility located within the proposed area of 4 24 excavation shall notify the excavator concerning this 4 25 determination prior to the indicated date of commencement of 4 26 excavation. The excavator may waive its right of notification 4 27 at the time of its call to the notification center; however, 4 28 the waiver must be for all operators of a facility at the 4 29 excavation site. The notification center shall develop a rule 4 30 to facilitate the communication of such waiver. 4 31 c. For purposes of this chapter, the "horizontal location 4 32 of any underground facility" is defined as including an area 4 33 eighteen inches on either side of the underground facility. 4 34 If there are facilities that are identified but cannot be 4 35 located with reasonable accuracy, the operator of such 5 1 facilities shall provide the excavator with the best available 5 2 information as to their location. 5 3 4. An excavator is responsible for preserving the markings 5 4 required in subsection 3 at all times during the excavation. 5 5 If the markings will be destroyed or otherwise altered during 5 6 the excavation, the excavator must establish suitable 5 7 reference points which will enable the excavator to locate the 5 8 underground facility at all times during the excavation. 5 9 5. The excavator shall mark the bounds of the area of 5 10 excavation and the operator shall mark the location of any 5 11 underground facility within the marked area of excavation to 5 12 conform with the uniform color code established by the 5 13 American public works association's utility location and 5 14 coordination council. 5 15 6.The only exception to this section shall be when an5 16emergency exists. Under such conditions, excavation5 17operations can begin immediately, provided reasonable5 18precautions are taken to protect the underground facilities.5 19The excavator shall notify the notification center of the5 20excavation as soon as practical.Prior to commencing an 5 21 excavation, an excavator shall evaluate the excavation site 5 22 for evidence of any underground facilities including private 5 23 facilities, which have not been located and marked. 5 24 7. a. This section does not apply when an emergency 5 25 exists which requires excavation. If such emergency occurs, 5 26 all of the following apply: 5 27 (1) The excavator shall immediately give notice to the 5 28 notification center. 5 29 (2) The notification center shall immediately notify 5 30 affected operators. 5 31 (3) The operators shall immediately respond as necessary. 5 32 (4) The excavator shall take other precautions as 5 33 reasonably necessary. 5 34 b. An excavator shall not excavate in any nonemergency 5 35 situation without complying with this chapter, and an operator 6 1 does not have a duty to accelerate compliance with this 6 2 chapter in any nonemergency situation. 6 3 8. The board shall develop and implement an excavator 6 4 education program for the purpose of providing training and 6 5 information to excavators to assist excavators in the 6 6 operations and procedures of the notification center, 6 7 statutory requirements, proper techniques to locate 6 8 underground facilities, utilization of available technologies, 6 9 construction marking requirements, excavation safety, and 6 10 other excavator activities. 6 11 Sec. 6. Section 480.5, Code 1995, is amended to read as 6 12 follows: 6 13 480.5 DAMAGE TO UNDERGROUND FACILITY – REPORT TO 6 14 OPERATOR. 6 15 An excavator shallas soon as practicalimmediately notify 6 16 the operator when any damage occurs to an underground facility 6 17 as a result of an excavation or related activities. The 6 18 notice shall include the type of facility damaged,andthe 6 19 extent of the damage, and the precise location of the 6 20 excavation and damage. If damage occurs, an excavator shall 6 21 refrain from backfilling in theimmediatearea of the 6 22 underground facilities until the damage has been investigated 6 23 by the operator, unless the operator authorizes otherwise. 6 24 If the damage results in an emergency, the excavator shall 6 25 take all reasonable actions to alleviate the emergency 6 26 including, but not limited to, the evacuation of the affected 6 27 area. The excavator shall leave all equipment situated where 6 28 the equipment was at the time the emergency was created and 6 29 immediately contact the operator,andtelephone 911 or 6 30 appropriate authorities, and contact necessary emergency 6 31 response agencies. 6 32 Sec. 7. NEW SECTION. 480.5A DUTIES OF UTILITIES BOARD – 6 33 OVERSIGHT. 6 34 The utilities board shall have oversight authority over the 6 35 board of directors and the notification center, and shall 7 1 provide assistance to the board and the notification center in 7 2 adopting rules related to the operation of the notification 7 3 center. The utilities board shall also consult with the 7 4 attorney general regarding enforcement of this chapter. 7 5 Sec. 8. Section 480.6, Code 1995, is amended to read as 7 6 follows: 7 7 480.6 CIVIL PENALTIES. 7 8 1. a.AExcept as provided in paragraph "b", a person who 7 9 violates a provision of this chapter is subject to a civil 7 10 penaltyas follows:not to exceed one thousand dollars for 7 11 each violation for each day the violation continues, up to a 7 12 maximum of twenty thousand dollars. 7 13a.b. For a violation related to natural gas and 7 14 hazardous liquid pipelines,anthe amount shall nottoexceed 7 15 ten thousand dollars for each violation for each day the 7 16 violation continues, up to a maximum of five hundred thousand 7 17 dollars. 7 18b. For a violation related to any other underground7 19facility, an amount not to exceed one thousand dollars for7 20each violation for each day the violation continues, up to a7 21maximum of twenty thousand dollars.7 22 2. The attorney general, upon the receipt of a complaint, 7 23 shall conduct an investigation of the complaint and may 7 24 institute any legal proceedings necessary to enforce the 7 25penaltyprovisions of this chapter. 7 26 3. A person subject to a civil penalty for a violation 7 27 under this chapter, in addition to any other penalty, is 7 28 liable for reasonable attorney's fees, costs, and expenses, 7 29 and any investigation costs incurred by the state, the 7 30 operator, and the excavator relating to the violation. 7 31 4. Failure of an excavator to provide notification as 7 32 required in this chapter is prima facie evidence of 7 33 negligence. 7 34 5. All amounts collected pursuant to this section shall be 7 35 remitted to thetreasurer of stateappropriate public 8 1 official, who shall deposit the amountin the general fund of8 2the stateas provided by law. 8 3 EXPLANATION 8 4 This bill amends provisions relating to the statewide one- 8 5 call underground facility notification program. 8 6 The definition of normal road or highway maintenance 8 7 contained in the exclusions to the definition of "excavation" 8 8 in section 480.1 is amended to provide that such maintenance 8 9 is not included if it does not change the original elevation 8 10 of the road or does not involve excavation of the ditch. 8 11 Currently, such maintenance is excluded if it does not change 8 12 the original grade of the roadway or ditch. Section 480.1 is 8 13 also amended to add a definition of the "utilities board". 8 14 Section 480.3 is amended to provide that the notification 8 15 center board of directors is to implement appropriate 8 16 operating procedures and technology for rural and incorporated 8 17 areas, individually or jointly, as necessary for the statewide 8 18 notification system. Currently, no distinction is made 8 19 between rural and incorporated areas. Section 480.3 is also 8 20 amended to require that the technological improvements to be 8 21 implemented by the board be the most efficient, as well as the 8 22 most cost-effective. The board is also directed to implement 8 23 the most cost-effective and efficient administrative 8 24 procedures. The board is to ensure that the information 8 25 provided permits operators and excavators to perform their 8 26 responsibilities with a maximum amount of safety, accuracy, 8 27 and efficiency. 8 28 Section 480.4 is amended to provide that notification of 8 29 the center is to made as specified by the board. The board is 8 30 to specify what information is to be provided in the 8 31 notification. Currently, the notification is required to be 8 32 verbal and the specific information to be included in the 8 33 notification is set forth in the section. The section is 8 34 amended to require the excavator to mark the location of the 8 35 excavation, and to remark in the same instances where the 9 1 facility operator is required to remark the location of the 9 2 facility. The excavator is given the ability to waive its 9 3 right of notification with respect to all facility operators 9 4 at the excavation site at the time of the excavator's call to 9 5 the notification center. The section is amended to provide 9 6 that an operator of a facility which is identified, but which 9 7 cannot be located with reasonable accuracy, is to provide the 9 8 best available information. The section is amended to provide 9 9 that the section does not apply when an emergency exists which 9 10 requires excavation. The section is also amended by directing 9 11 the notification center board of directors to develop and 9 12 implement an excavator education program to provide training 9 13 and information to excavators concerning the operations of the 9 14 notification center and excavator duties and activities. 9 15 Section 480.5 is amended to provide that an excavator is to 9 16 immediately notify the facility operator when any damage 9 17 occurs to such facility, and provide the precise location of 9 18 the excavation and damage. The excavator is to call 911 and 9 19 report the damage or other appropriate authorities. 9 20 Currently, such notification must be made as soon as 9 21 practical. 9 22 New section 480.5A is created and provides that the 9 23 utilities board is to have oversight authority over the board 9 24 of directors of the notification center. 9 25 Section 480.6, which relates to civil penalties, is amended 9 26 to authorize the attorney general to conduct an investigation 9 27 of any complaint and to provide that a person who is subject 9 28 to a civil penalty under this chapter is also liable for 9 29 reasonable attorney's fees, costs, and expenses, and any 9 30 investigation costs incurred by the state, the operator, or 9 31 the excavator, as applicable, related to the violation. 9 32 Failure of an excavator to provide notification as required is 9 33 deemed to be prima facie evidence of negligence. 9 34 LSB 3879HC 76 9 35 mj/jw/5
Text: HSB00704 Text: HSB00706 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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