This act modifies the definitions of "emergency", "excavation", "notification center", "pipeline facility", "underground facility", and "underground facility owner". This act defines "locate status" and removes the definition of "preengineered project".

Currently, the State Highways and Transportation Commission is not required to be a notification center participant after December 31, 2014. This act repeals this provision and provides that all underground facility owners shall maintain participation in a notification center for the duration of owning such facility. The notification center shall be governed by a board of directors elected by the membership of the group. Further, owners of underground facilities were required to perform certain actions by a certain expired dates. This act repeals these provisions.

Currently, owners of underground facilities who have a written policy determining the location of its underground facilities to make available such policy to any notification center participant upon request. Further, if owners of underground safety facilities notify an excavator that the area of excavation cannot be determined from the description provided by the excavator through the notice required, the excavator shall provide clarification of the area of excavation by markings or by providing project plans. This act repeals these provisions.

If in the course of excavation of, the excavator discovers that the owner of the underground facility has incorrectly located such facility, this act requires that the excavator notify the underground facility owner rather than the notification center participant. The owner shall then respond to the incorrect locate notification within 2 hours by contacting the excavator or by correctly locating their underground facility.

When markings have been provided in response to a notice of intent to excavate, the excavator may commence or continue work. This act allows an excavator who is unable to begin excavation within 10 days to make a relocate request. Before commencing excavation, this act provides that the excavator shall determine best practices for confirming the location of facilities at the excavation site. In the event of any damage or disturbance of any underground facility in connection with excavation, the excavator shall notify the notification center, or in some cases contact 911. The excavator shall not conceal or attempt to conceal such damage or disturbance. No later than April 1, 2015, and each year thereafter, this act requires that each underground facility owner shall submit to a central repository a report of damages experienced by its facilities for the prior year.

For every owner of an underground facility to has received notice of intent to excavate shall inform the excavator within 2 days, unless the excavator agrees to extend the start date and time provided in the locate request provided that no excavation shall begin earlier than the scheduled excavation date. Each underground facility owner receiving internet notifications from the notification center shall, after December 31, 2014, use the locate status system provided by the center. Those that do not received internet notifications shall, no later than January 1, 2016, provide locate status to the notification center by an alternate method.

Currently, if the information is available to the owner of a pipeline facility or an underground electric or communications cable discloses that certain appurtenances are located near the area of excavation, the owner shall inform the excavator by meeting at the site. This act repeals this provision.

The owner of an underground facility shall make notice to the excavator that no facilities are located in the area of excavation by contacting the excavator. This act adds the they may make notice by the use of a locate status system. A record of the date and means of informing the excavator shall be kept for 5 years. If the owner notifies the excavator that the area of excavation cannot be determined by notice, the excavator shall provide clarification of the area of excavation by making the area or by meeting at the site with the representatives of the owner.

In response to a notice of intent to excavate received by a sewer system owner, the notice shall include a determination of whether sewer service connections exist in the area of excavation. If sewer system connections do exist in the area of excavation, this act provides that sewer system owners shall provide their best available information regarding the location of such connection by methods set forth in this act.

If new lateral sewer pipes or water service lines are installed and connected to an underground facility within the public right-of-way, the owner shall be required to place tracer wire or other utility location technology and an access point within a protective enclosure over such lines and cleanouts for gravity sewer laterals. For sewer laterals operating under pressure of vacuum, the facility owner shall not be required to place a cleanout. All protective enclosures and cleanouts shall be installed so that it is easily accessible. For sewer laterals operating under pressure or vacuum, tracer wire shall be placed in the enclosure. An underground facility owner shall not be liable to any party for damages or injuring resulting from an excavation if they comply with enclosure requirements.

The failure to give notice of proposed excavation or an owner's failure to mark facilities shall be a rebuttable presumption of negligence in the even that such failure causes injury, loss, or damage. This act requires the Attorney General to make public the aggregate number of certain enforcement actions.

This act repeals several sections relating to underground facilities.

This act repeals several sections relating to utility access to railroad right-of-way. These provisions are similar to SB 652 (2014).

This act will be effective January 1, 2015.

KAYLA CRIDER