HS/HCS/HB 425 - This act revises the Underground Facility Safety and Damage Prevention Act. The operation of the notification center is expanded to 24 hours per day and 365 days per year. The act provides that the notification center will be governed by a board of directors representative of and selected by the membership. Participation in the notification center will be mandatory for all new and existing owners and operators of underground facilities in first and second classification counties commencing January 1, 2003 and in third and fourth classification counties commencing January 1, 2005. A participant may opt out of the notification center if the inaccuracy rate reaches 15 percent in one year. Other technical changes are made in the act to reflect the requirement that all owners and operators will be participants in the notification center. The list of participants shall be maintained in the offices of the notification center rather than the recorder of deeds. An annual audit or review of the notification center will be performed by a CPA and a report submitted to the general assembly.

If the area of excavation cannot be determined from the description of the excavator the owner or operator may require the excavator to provide project plans or meet on site with representatives of the owner or operator. A notice of intent to excavate must now include more contact information for the person filing the notice and location descriptions. Once markings have been furnished excavators may continue to work as long as the markings are visible. If there are no facilities in the excavation area the owner or operator shall give actual notice that there are no facilities in the area. Owners and operators now have two working days rather than 48 hours to respond to notices of intents to excavate. Excavators may not use power- driven equipment for horizontal boring or directional drilling near the underground facilities until certain conditions are met.

Excavators are not absolved from liability for damage to legally installed facilities. Nothing in this act will abrogate contractual provisions between any railroad and any other party owning or operating underground facilities within the right-of- way owned by the railroad. Requirements to provide a notice of intent to excavate will not apply in instances of emergency.

This act is similar to SB 331 from 2001.
CINDY KADLEC