Senate File 2169 



                                       SENATE 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 such In 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 operations can may 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 28 the an 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