Bill No.: HB0057                     Drafter:  LGC

LSO No.:   10LSO-0248                 Effective Date:  7/1/2010

Enrolled Act No.:    HEA0035

Chapter No.:

Prime Sponsor:       Representative Stubson

Catch Title:         Damage to underground public utilities.

Subject:              Amendments to the One-Call program.

Summary/Major Elements:

· Under current law, an operator of an underground utility must register the locations of its underground facilities with the one-call notification center.  Excavators must call the one-call notification center to determine where underground facilities are located before the excavator digs.

· The act provides a fine of $500 for failure of an operator to participate in the program and provides for civil penalties against operators who fail to join or participate in the program and damages to underground facilities result from that failure.

· The act provides a fine of $500 for failure of an excavator to notify the program before excavating and for requesting emergency approval of an excavation where no emergency exists.  The act also provides for civil penalties against excavators who fail to notify the program and damages to underground facilities result from that failure.

· The act modifies definitions used in the one-call program.  The act requires persons requiring or designing architectural or engineering drawings that call for excavation to obtain information from the one-call program regarding locations of underground facilities.

· The act relieves excavators from liability for damages to underground facilities if the operator fails to identify the location of the facilities, unless the excavator fails to use reasonable care.  Reasonable care requires hand digging if necessary.  The act requires an excavator who comes in contact with underground facilities to work with operators to mitigate damages to the extent reasonably possible.  When such contact is reported to an operator, the operator must notify the one-call center within 72 hours.

· The act requires the one-call center to maintain written records related to all complaints and responses and offer an excavation safety training program.