H.F. _____ Section 1. Section 480.4, subsection 1, paragraph a, Code 1 2014, is amended to read as follows: 2 a. Except as otherwise provided in this section , prior to 3 any excavation, an excavator shall contact the notification 4 center and provide notice of the planned excavation. This 5 notice must be given at least forty-eight hours , excluding 6 Saturdays, Sundays, and legal holidays, but not more than ten 7 calendar days prior to the commencement of the excavation , 8 excluding Saturdays, Sundays, and legal holidays . Notices 9 received after 5:00 p.m. shall be processed as if received at 10 8:00 a.m. the next business day. The notice shall be valid 11 for twenty calendar days from the date the notice was provided 12 to the notification center. The notification center shall 13 establish a toll-free telephone number to allow excavators to 14 provide the notice required pursuant to this subsection . 15 Sec. 2. Section 480.4, subsection 1, Code 2014, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . e. At the time of giving notice to the 18 notification center pursuant to this subsection, an excavator 19 shall use white paint, flags, stakes, or a combination thereof, 20 to mark the proposed area of excavation unless it can be shown 21 to be impractical. Electronic means of white-lining may be 22 used if that method is supported by the notification center. 23 The marking required under this subsection shall be done in a 24 manner that will last for a minimum of five working days on any 25 nonpermanent surface, or a minimum of ten working days on any 26 permanent surface. 27 Sec. 3. Section 480.4, subsection 3, paragraph a, 28 subparagraph (1), Code 2014, is amended to read as follows: 29 (1) An operator who receives notice from the notification 30 center shall mark the horizontal location of the operator’s 31 underground facility and the excavator shall use due care in 32 excavating in the marked area to avoid damaging the underground 33 facility. The operator shall complete such locating and 34 marking , and shall notify the notification center that the 35 -1- LSB 5409HC (3) 85 rn/nh 1/ 4

H.F. _____ marking is complete within forty-eight hours after receiving 1 the notice, excluding Saturdays, Sundays, and legal holidays, 2 unless otherwise agreed by the operator and the excavator. 3 Upon receipt of such notice from the operator, the notification 4 center shall notify the excavator the marking is complete 5 in accordance with paragraph “d” . The locating and marking 6 of the underground facilities shall be completed at no cost 7 to the excavator. If, in the opinion of the operator, the 8 planned excavation requires that the precise location of the 9 underground facilities be determined, the excavator, unless 10 otherwise agreed upon between the excavator and the operator, 11 shall hand dig test holes to determine the location of the 12 facilities unless the operator specifies an alternate method. 13 Sec. 4. Section 480.4, subsection 3, paragraph a, Code 2014, 14 is amended by adding the following new subparagraph: 15 NEW SUBPARAGRAPH . (3) Unless otherwise agreed by the 16 operator and excavator in writing, no excavation shall be 17 performed within twenty-five feet of an underground natural 18 gas transmission line as defined in 49 C.F.R. pt. §192.3 or 19 other underground facility designated a critical facility 20 by an operator, unless a representative of the operator of 21 the underground natural gas transmission line or designated 22 critical facility is present at the planned excavation area. 23 Sec. 5. Section 480.4, subsection 3, paragraph b, Code 2014, 24 is amended to read as follows: 25 b. An operator who receives notice from the notification 26 center and who determines that the operator does not have 27 any underground facility located within the proposed area of 28 excavation shall notify the excavator notification center, and 29 the notification center shall notify the excavator, concerning 30 this determination prior to the indicated date of commencement 31 of excavation within forty-eight hours after receiving the 32 notice, excluding Saturdays, Sundays, and legal holidays . 33 Sec. 6. Section 480.4, subsection 3, Code 2014, is amended 34 by adding the following new paragraph: 35 -2- LSB 5409HC (3) 85 rn/nh 2/ 4

H.F. _____ NEW PARAGRAPH . d. For the purposes of this chapter, 1 notifications provided to the excavator by the operator or 2 by the notification center shall be provided in a consistent 3 manner to be established by the board by rule. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill modifies notification requirements applicable to 8 excavations where underground facilities are present. 9 Currently, an excavator is required to provide notice to 10 the notification center established in Code chapter 480 of a 11 planned excavation at least 48 hours prior to the excavation, 12 excluding Saturdays, Sundays, and legal holidays. The bill 13 adds the requirement that the notice not be provided more than 14 10 calendar days prior to the commencement of the excavation, 15 and that notices received after 5:00 p.m. shall be processed 16 as if received at 8:00 a.m. the next business day. The bill 17 also provides that the notice shall be valid for 20 calendar 18 days from the date it was provided to the notification center. 19 The bill provides that in addition to providing notice of a 20 proposed excavation, an excavator shall use white paint, flags, 21 stakes, or a combination thereof to mark the proposed area of 22 excavation unless it can be shown to be impractical, and that 23 electronic means of white-lining may be used if that method is 24 supported by the notification center. The marking is required 25 to be done in a manner that will last for a minimum of five 26 working days on any nonpermanent surface, or a minimum of 10 27 working days on any permanent surface. 28 The bill additionally provides that an operator who receives 29 notice from the notification center of a proposed excavation 30 and who complies with locating and marking requirements within 31 the currently required 48-hour time frame excluding Saturdays, 32 Sundays, and legal holidays, must notify the notification 33 center that the marking is complete within that same time 34 frame. Upon receipt of this notice, the bill requires the 35 -3- LSB 5409HC (3) 85 rn/nh 3/ 4

H.F. _____ notification center to notify the excavator the marking is 1 complete in accordance with a new provision in the bill stating 2 that notifications shall be provided in a consistent manner 3 established by the board of directors of the notification 4 center. 5 Further, the bill provides that unless otherwise agreed by 6 the operator and excavator in writing, no excavation shall 7 be performed within 25 feet of an underground natural gas 8 transmission line or other underground facility designated 9 a critical facility by an operator, unless a representative 10 of the operator of the underground natural gas transmission 11 line or designated critical facility is present at the planned 12 excavation area. 13 Finally, the bill provides that an operator who receives 14 notice from the notification center and who determines that the 15 operator does not have any underground facility located within 16 the proposed area of excavation shall notify the notification 17 center, with the notification center then notifying the 18 excavator, of this fact, rather than direct notification by the 19 operator to the excavator as currently required, and that this 20 notification shall be provided to the excavator within 48 hours 21 after receiving the notice, excluding Saturdays, Sundays, and 22 legal holidays. 23 -4- LSB 5409HC (3) 85 rn/nh 4/ 4