HB1414 Establishes a mandatory one-call notification system for excavations.
Sponsor: O'Toole, James P. (68) Effective Date:00/00/0000
CoSponsor: LR Number: 3360L.01I
Last Action: COMMITTEE: UTILITIES REGULATION
02/28/2000 - Executive Session Held (H)
VOTED DO PASS WITH AMENDMENTS
HB1414
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
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Available Bill Summaries for HB1414 Copyright(c)
* Introduced

Available Bill Text for HB1414
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BILL SUMMARIES

INTRODUCED

HB 1414 -- Underground Facility Safety and Damage Protection

Sponsor:  O'Toole

This bill makes several change to underground facility safety
and damage prevention laws.  The bill:

(1)  Requires all current owners and operators of underground
pipeline facilities to participate in a statewide notification
center by January 1, 2002.  Participation in the notification
center is mandatory after January 1, 2002.  Current law does not
require participation;

(2)  Requires notification centers to maintain a current list of
participating owners and operators, which must be made available
to excavators upon request.  The notification centers may charge
a reasonable fee to those requesting a copy of the list to cover
the costs of printing and mailing;

(3)  Changes notification requirements.  Until December 31,
2001, excavators must notify the notification center and
directly notify those owners and operators registered with the
Recorder of  Deeds at least 2 but not more than 10 working days
prior to excavation.  Effective January 1, 2002, notice to the
notification center is considered notice to all owners and
operators of underground facilities;

(4)  Allows the owner or operator to require project plans for
the site or to arrange a meeting at the site with the excavator
if the excavation area cannot be determined from the description
in the excavation notice.  Exempt from this requirement are
residential property owners excavating on their own properties;

(5)  Changes the notice of intent to excavate to include a
facsimile number, if available, availability of a person at the
telephone number listed on the notice between 8:00 a.m. and 5:00
p.m. on working days, and whether there is a recording device at
the telephone number;

(6)  Changes the notification procedures when, during an
excavation, the excavator discovers that the owner or operator
has incorrectly located the underground facility.  The bill
requires the excavator to notify the notification center, which
will inform the participating owner or operator, or prior to
January 1, 2002, the excavator will directly notify the owner or
operator;

(7)  Allows excavators to continue working in a marked area so
long as the markings are visible.  If the markings become
unusable, the excavator must call the notification center to
request remarking.  The excavator must exercise reasonable care
not to obliterate the markings unnecessarily;

(8)  Changes the time frame for a meeting on-site of the owner
or operator and the excavator from within 48 hours to 2 working
days of the request for marking and allows the location to be
marked at the time of the meeting;

(9)  Allows the owner or operator to give notice of no
facilities at the site by calling the telephone number on the
notice between 8:00 a.m. and 5:00 p.m. on working days, leaving
a message on the excavator's recording device, sending a fax
message to the excavator, marking "no facilities" or "clear" at
the site, or verbally informing the excavator at the site.  Two
documented attempts to reach the excavator by telephone
constitute compliance;

(10)  Requires the excavator to give second notice to the same
entity to whom original notice was made prior to excavation if
the owner or operator fails to give location information.  If
after second notice, the owner or operator fails to give
location information during the next working day, the excavator
may begin excavation;

(11)  Prohibits after January 1, 2002, the recovery of damages
by any owner or operator failing to participate in the
notification center when notice of excavation was given;

(12)  Changes the damage notification requirement from notifying
the notification center and the owner or operator to notifying
only the notification center effective January 1, 2002; and

(13)  Specifies in which emergency situations excavation is
allowed without regard to notification requirements.  Emergency
excavation is allowed for unexpected occurrences, including
fires, floods, earthquakes, and riots.


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