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SPONSOR: |
HBIC |
DATE TYPED: |
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HB |
CS/825/aHFl#1 |
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SHORT TITLE: |
Utility Excavation Requests |
SB |
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ANALYST: |
Maloy |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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NFI |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Responses Received From
The Public Regulatory Commission
The Construction Industries Division, Regulation
and Licensing Department
SUMMARY
Synopsis of the HFl Amendment
The House Floor has
amended the House Business and Industries Substitute for House Bill 825 to
shorten the turn-around time for answering a paper request (request to identify
the location of utilities via construction plans or maps) from 10 days to 2
days, or other such period of time
agreed upon by the parties.
Synopsis
of Original Bill
The House Business and Industries Substitute for House Bill 825 requires those preparing pre-construction documentation and/or site assessments for excavation to determine the location of any underground facilities in or near the relevant area. The bill places the burden on the excavation personnel to submit a request to the underground facilities owner/operator to have the utilities located and marked.
This request may be submitted to the owner / operator in one of two ways:
1. HB 825/HBICS provides for telephonic advance notice. In these instances, the owner/operator marks the actual site. Such notice shall include:
a. a statement of intention that the work is to commence within 10 working days of the request,
b. identification of the specific area to be excavated.
2. The bill also provides that a paper request may be submitted, seeking to have the owner/operator of the underground facilities mark the approximate location of any underground utilities on engineering or construction plans (plans to be provided by the requester). Or, in the alternative, the owner/operator of the facility may simply provide access to maps showing the approximate location of the utilities. These paper marking/identification requests shall be answered within 10 days, or the time frame agreed upon by the parties.
Finally, the bill provides that a person who engages in excavation, but who willfully fails to comply with this statute, may be liable to the owner / operator of underground facilities for the cost of locating and marking the utility right of way. This liability is capped at $2,500. This liability is a possibility regardless of whether any damage is caused.
Significant Issues
The intent of the
bill is to encourage those engaging in activities relating to excavation to
seek advance assistance in locating underground utilities. This promotes worker
safety, and saves contractors and the utility owners / operators considerable
costs in repair (as well as personal injury liability).
The mechanism of
encouragement is simple: Whether or not a request to locate and mark services
is made to the utility, the excavator / contractor may be held liable for the
costs associated with locating and marking, up to $2,500. Thus, if the excavator may be liable for the
costs regardless of making a request, there is no cost-savings incentive to
avoid making the required request.
OTHER SUBSTANTIVE
ISSUES
Currently, the transportation division of the public regulation commission supervises and oversees compliance with the requirements that excavators make reasonable efforts to determine the location of underground utilities before they dig. Current law obligates excavators to contact the “one call system” and ask that existing facilities be marked before they begin digging operations. Many excavators, however, do not bother. The result of failing to request location and marking is very costly to both the utility owners / operators, and to contractors. Finding mechanisms to encourage compliance with use of the “one call system” is sound policy.
Damage to underground
utilities may not only results in tremendous repair
costs to the utilities and to excavators, but it also may result in
inconvenience to surrounding homeowners and businesses when their utility
service is compromised.
In the event an
excavator damages underground utilities, having complied with advance locating
and marking requirements, if there was
an error on the part of the utility
owner / operator in the locating and/or marking process, the
excavator should not be required to bear the cost of repair.
SJM/