HF 2408 (LSB 5409HV (3) 85)

HOUSE FILE 2408

BY  COMMITTEE ON COMMERCE

(SUCCESSOR TO HSB 518)

A BILL FOR

An Act modifying notification requirements applicable to underground facility excavations where underground facilities are present.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 480.4, subsection 1, paragraph a, Code 2014, is amended to read as follows:
   a.  Except as otherwise provided in this section, prior to any excavation, an excavator shall contact the notification center and provide notice of the planned excavation. This notice must be given at least forty-eight hours prior to the commencement of the excavation, excluding Saturdays, Sundays, and legal holidays. Notice shall not be given more than ten calendar days prior to the commencement of the excavation, excluding Saturdays, Sundays, and legal holidays.  Notices received after 5:00 p.m. shall be processed as if received at 8:00 a.m. the next business day. The notice shall be valid for twenty calendar days from the date the notice was provided to the notification center. If all locating and marking of underground facilities is completed prior to the expiration of the forty-eight-hour period, the excavator may proceed with excavation upon being notified by the notification center that the locating and marking of all underground facilities is complete. The notification center shall establish a toll-free telephone number to allow excavators to provide the notice required pursuant to this subsection.
    Sec. 2.  Section 480.4, subsection 1, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  At the time of giving notice to the notification center pursuant to this subsection, an excavator shall use white paint, white flags, white stakes, or a combination thereof, to mark the proposed area of excavation, unless one of the following applies:
   (1)  The precise location, direction, size, and length of the proposed excavation area can be clearly and adequately defined and described during the call to the notification center or during an onsite preconstruction meeting.
   (2)  Electronic means of white-lining is supported by the notification center and used by the excavator.
   (3)  Physical premarking can be shown to be impractical.
    Sec. 3.  Section 480.4, subsection 3, paragraph a, subparagraph (1), Code 2014, is amended to read as follows:
   (1)  An operator who receives notice from the notification center shall mark the horizontal location of the operator’s underground facility and the excavator shall use due care in excavating in the marked area to avoid damaging the underground facility. The operator shall complete such locating and marking, and shall notify the notification center that the marking is complete within forty-eight hours after receiving the notice, excluding Saturdays, Sundays, and legal holidays, unless otherwise agreed by the operator and the excavator.  No later than the expiration of the forty-eight-hour period, excluding Saturdays, Sundays, and legal holidays, the notification center shall notify the excavator of the underground facility locating and marking status, or the failure of the operator to notify the center that the locating and marking is complete. The locating and marking of the underground facilities shall be completed at no cost to the excavator. If, in the opinion of the operator, the planned excavation requires that the precise location of the underground facilities be determined, the excavator, unless otherwise agreed upon between the excavator and the operator, shall hand dig test holes to determine the location of the facilities unless the operator specifies an alternate method.
    Sec. 4.  Section 480.4, subsection 3, paragraph a, Code 2014, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (3)  Unless otherwise agreed by the operator and excavator in writing, no excavation shall be performed within twenty-five feet of an underground natural gas transmission line as defined in 49 C.F.R. pt. §192.3 unless a representative of the operator of the underground natural gas transmission line is present at the planned excavation area. This requirement shall not apply, however, when a representative of the operator fails to be present at the proposed excavation area at the time work is scheduled to commence or as otherwise agreed by the operator and excavator in writing. In this event, the excavator shall notify the operator that the representative failed to appear, and excavation operations can begin, provided reasonable precautions are taken to protect the underground facilities.
    Sec. 5.  Section 480.4, subsection 3, paragraph b, Code 2014, is amended to read as follows:
   b.  An operator who receives notice from the notification center and who determines that the operator does not have any underground facility located within the proposed area of excavation shall notify the excavator notification center concerning this determination prior to the indicated date of commencement of excavation within forty-eight hours after receiving the notice, excluding Saturdays, Sundays, and legal holidays.  No later than the expiration of the forty-eight-hour period, excluding Saturdays, Sundays, and legal holidays, the notification center shall notify the excavator that the operator does not have any underground facilities within the proposed area of excavation.
    Sec. 6.  Section 480.4, subsection 3, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  For the purposes of this chapter, notifications provided to the excavator by the operator or by the notification center shall be provided in a consistent manner to be established by the board. 
    Sec. 7.  NEW SECTION.  480.10  Communications not precluded.

   This chapter shall not be interpreted to preclude an excavator, an operator, or the notification center from having or engaging in communications in addition to the notification requirements specified in this chapter.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill modifies notification requirements applicable to excavations where underground facilities are present.
   Currently, an excavator is required to provide notice to the notification center established in Code chapter 480 of a planned excavation at least 48 hours prior to the excavation, excluding Saturdays, Sundays, and legal holidays. The bill adds the requirement that the notice not be provided more than 10 calendar days prior to the commencement of the excavation, excluding Saturdays, Sundays, and legal holidays, and that notices received after 5:00 p.m. shall be processed as if received at 8:00 a.m. the next business day. The bill also provides that the notice shall be valid for 20 calendar days from the date it was provided to the notification center. The bill provides that if all locating and marking of underground facilities is completed prior to the expiration of the 48-hour period, the excavator may proceed with excavation upon being notified by the notification center that the locating and marking of all underground facilities is complete. The bill provides that in addition to providing notice of a proposed excavation, an excavator shall use white paint, white flags, white stakes, or a combination thereof to mark the proposed area of excavation unless the precise location, direction, size, and length of the proposed excavation area can be clearly and adequately defined and described during the call to the notification center or during an onsite preconstruction meeting, unless electronic means of white-lining is supported by the notification center and used by the excavator, or unless physical premarking is shown to be impractical.
   The bill additionally provides that an operator who receives notice from the notification center of a proposed excavation and who complies with locating and marking requirements within the currently required 48-hour time frame excluding Saturdays, Sundays, and legal holidays, must notify the notification center that the marking is complete within that same time frame. The bill provides that no later than the expiration of the 48-hour period, excluding Saturdays, Sundays, and legal holidays, the notification center shall notify the excavator of the underground facility locating and marking status, or the failure of the operator to notify the center that the locating and marking is complete. 
   Further, the bill provides that unless otherwise agreed by the operator and excavator in writing, no excavation shall be performed within 25 feet of an underground natural gas transmission line or other underground facility designated a critical facility by an operator, unless a representative of the operator of the underground natural gas transmission line or designated critical facility is present at the planned excavation area. The bill provides that this requirement does not apply, however, when a representative of the operator fails to be present at the time work is scheduled to commence or as otherwise agreed and that in this event the excavator shall notify the operator of the failure to appear and may begin excavation operations. 
   Finally, the bill provides that an operator who receives notice from the notification center and who determines that the operator does not have any underground facility located within the proposed area of excavation shall notify the notification center, with the notification center then notifying the excavator, of this fact, rather than direct notification by the operator to the excavator as currently required, and that this notification shall be provided to the excavator within 48 hours after receiving the notice, excluding Saturdays, Sundays, and legal holidays.