Senate File 2169SENATE FILE BY HAHN Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act modifying notice provisions relating to the location and 2 marking of underground facilities prior to an excavation in 3 emergency situations. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6100XS 82 6 rn/nh/24 PAG LIN 1 1 Section 1. Section 480.1, subsection 3, Code 2007, is 1 2 amended to read as follows: 1 3 3. "Emergency" means a condition where there is clear and 1 4 immediate danger to life or health, or essential services, 1 5 including water, gas, or electric utility services, or a 1 6 potentially significant loss of property. 1 7 Sec. 2. Section 480.1, Code 2007, is amended by adding the 1 8 following new subsection: 1 9 NEW SUBSECTION. 3A. "Emergency locate request" means 1 10 notice submitted to the notification center by an excavator 1 11 under conditions constituting an emergency. 1 12 Sec. 3. Section 480.4, subsection 6, Code 2007, is amended 1 13 to read as follows: 1 14 6. a. The only exception to this section shall be when an 1 15 emergency exists. Under suchIn case of an emergency, the 1 16 excavator shall make an emergency locate request pursuant to 1 17 the procedure specified in subsection 2 and include 1 18 information identifying the existence of and nature of the 1 19 emergency. The operator shall complete locating and marking 1 20 in response to the request within two hours after receiving 1 21 notice, unless an alternative timeframe is agreed to by the 1 22 operator and excavator. 1 23 b. In case of an emergency when conditions require 1 24 immediate excavation, excavation operationscanmay begin 1 25 immediately, provided reasonable precautions are taken to 1 26 protect the underground facilities in or near the excavation 1 27 area. The excavator shall notify the notification center of 1 28thean emergency requiring immediate excavation as soon as 1 29 practical. 1 30 EXPLANATION 1 31 This bill relates to notification procedures relating to 1 32 the performance of excavations under emergency circumstances. 1 33 Current law requires an operator of an underground facility 1 34 to mark the location of the facility within 48 hours after 1 35 receiving notice of an impending excavation in the area. The 2 1 bill modifies this timeframe to two hours if the operator 2 2 receives notice in the form of an emergency locate request 2 3 that the excavation is taking place under emergency 2 4 circumstances, or an alternative timeframe if mutually agreed 2 5 to by the excavator and operator. The bill adds to the 2 6 existing definition of an "emergency" in Code section 480.1 2 7 that a clear and immediate danger to essential services can 2 8 include water, gas, or electric utility service. The bill 2 9 additionally clarifies that when an emergency exists requiring 2 10 immediate excavation, and the excavation proceeds with 2 11 precautions being taken to protect underground facilities, 2 12 those precautions relate to underground facilities at or near 2 13 the area being excavated. 2 14 LSB 6100XS 82 2 15 rn/nh/24