Here are pipeline safety legislative updates for March 2019. Click on a region below to see details.
Eastern Region Update Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia
Southern Region Update Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee
Central Region Update Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Wisconsin
Southwest Region Update Arkansas, Louisiana, New Mexico, Oklahoma, Texas
Western Region Update Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming
Eastern Region Update
SB678 would require certain proposed excavation markings to be made with materials that begin to fade three months after such markings are made.
[Favorable from Senate Joint Committee on Energy and Technology 3/26/19]
The Department of Public Utilities adopted regulations that establish requirements for uniform natural gas leaks classification.
In response to the September 2018 Merrimack Valley gas explosions a group of new bills was introduced in the Massachusetts legislature. The bills below are representative of some of the major themes addressed in the proposed legislation:
SD2160 An Act Relative to Gas Leaks and Infrastructure outlines proposed new regulations for Emergency response (operators to immediately inform fire department and chief law enforcement officers, all departments must generate a report after each event). Operators would be required to provide grade 2 and 3 monthly leak reporting to fire department, conduct public way site repair after project and subsequent maintenance of site for 5 years. The DPU would be required to review the number of pipeline inspectors at least annually. Operator penalties for failure to comply include denial of rate increase and/or financial penalties.
SD2153 An Act to Promote Gas Safety
Boards and committees:
Establishes an energy infrastructure oversight board, to be appointed by the governor to make recommendations with respect to gas safety, oversight and inspection of gas facilities, employment of inspectors and engineers to oversee pipeline construction and maintenance, and emergency response protocols for gas-related incidents. Annual reports from the committee will be presented to the governor and Senate House committees on ways and means. Also creates a commission to review the state’s gas infrastructure and provide a report to the general court by January 1, 2020.
Cooperative reporting with neighboring states:
Establish a notification system to provide and receive information regarding incidents.
Leaks reported by public:
response to be timely, all leak reports from customers will be logged in a publicly-accessible database.
All proposals for substantial construction, renovation, repair or expansion for facilities that store, vaporize or produce liquefied natural gas are subject to DPU review, must include an analysis of the proposal’s impact on the safety of the facility and the distribution system during and after construction and may be further reviewed by energy facilities siting board and Mass environmental policy act office.
More pipeline engineers:
The department shall employ pipeline engineers to oversee construction on or adjacent to distribution company pipelines, ensure compliance with all relevant statutory and regulatory requirements and investigate complaints. All pipeline engineers shall receive the necessary training and qualification to perform field duties, as determined by the department, not later than 6 months after employment. The department shall employ not less than 1 pipeline engineer for every 100 miles of pipeline owned by a distribution or one pipeline engineer for every 2,000 customers, whichever is greater.
The department of public utilities shall promulgate regulations establishing requirements for the maintenance and security of gas regulators, including, but not limited to, service quality metrics. The department shall implement these regulations not later than January 1, 2021
HD 1097 Act for field safety in gas infrastructure
Maps and records:
DPU to promulgate regulations by 1/1/2021 establishing requirements for the maintenance, timely updating, accuracy, and security of gas LDC maps and records. Each LDC shall report each disruption in its ability to provide electronic data, including but not limited to, maps and records relevant to inspections, maintenance, repairs, and construction to its in-house workforce and contractors lasting more than 30 minutes – disruptions will be incorporated as a metric in the DPU’s service quality indicators for LDCs.
- Each LDC shall maintain a central control room within its service territory with trained staff sufficient to monitor its pipeline and respond to fluctuations in pressurization, reportable incidents, and infrastructure failures.
- Outlines system of uniform natural gas leaks classification/reporting for all gas companies.
- Leak detection and repair of leaks prior to projects on public way by municipalities, state or LDC; ensure safety valves function
- Leaks within school zone are priority
- Inside meter safety
Additional bills that address improving excavation safety were also introduced recently.
DPU leadership changes:
- The chairman of the Department of Public Utilities, Angela O’Connor has stepped down after a four year term, and the state’s director of pipeline safety, Richard Wallace, has announced his retirement.
The following bills were introduced and referred to the Consumer Protection and Professional Licensure committee on 2/7/2019:
SB263 would add a new section “Pipeline Safety Valves” requiring that all facilities of a public utility engaged in the transmission of gas or hazardous liquids placed into service after the effective date of this section to have automatic or remote controlled shutoff valves installed. Annual testing of these valves would be required.
SB258 would require utilities to meet with local emergency management organizations twice per year, and outlines the information that operators would be required to transmit.
SB 260 outlines types of information that pipeline operators must provide to schools, if requested, that fall within 1000 ft of PUC-jurisdictional hazardous liquids and natural gas pipelines, including how to respond to a leak or product release. (Similar to HB 733 introduced on 3/18/19, now in House Consumer Affairs committee.)
The following bill was introduced and referred to the Environmental Resources and Energy committee on 2/26/2019:
SB 283 would replace the Pennsylvania Public Utility Commission with the Department of Transportation of the Commonwealth; and providing for Federal delegation. The bill would centralize pipeline safety inspection within the Pennsylvania Department of Transportation (PennDOT), Pennsylvania’s lateral regulatory agency to PHMSA. Second, PennDOT would be required to make application to the federal government for designation as an Interstate Agent in the inspection of interstate pipelines traversing Pennsylvania.
A group of bills were introduced on 3/25/19 as part of a “Pipeline Safety Package” and are currently in the House Consumer Affairs committee.
HB 886 would require a public utility operating a pipeline in a high consequence area to install automatic or remote shutoff valves within 100 feet of each municipal boundary crossed by the facility and within 100 feet of the facility’s entry and exist of each high consequence area. A public utility is required to test the reliability of shutoff valves annually and provide the results of these tests to each municipality where a shutoff valve is located.
HB 887 would amend the Gas and Hazardous Liquids Pipelines Act to require General Assembly approval, by concurrent resolution, prior to the construction or development of any pipeline that traverses three or more counties.
HB 888 would amend the Gas and Hazardous Liquids Pipelines Act to require that, following an incident that results in a shutdown of a pipeline, the operator must inspect the entirety of the pipeline before resuming operations. Under federal regulations, a pipeline operator may voluntarily or involuntarily, by action of the Public Utility Commission, suspend operations of a pipeline when a leak occurs that results in a death or personal injury requiring hospitalization, property damage of $50,000 or more, loss of three million cubic feet or more of product, or any other event deemed significant in the judgment of the operator.
HB 889 would amend the Gas and Hazardous Liquids Pipelines Act to require a pipeline operator, upon written request, to release any safety assessment studies or data that were conducted or collected about their facilities.
HB 890 would require a public utility with facilities transporting natural gas or natural gas liquids to meet with the county emergency coordinators along the pipeline route to identify any high consequence areas and the potential impact radius around the pipeline. The public utility must also share its current emergency operating procedures with the emergency coordinators.
HB 5692 / SB 539 would require any public utility or its contractor to reimburse an excavator for lost time expense incurred, including manpower and equipment from the utilities incorrect marking of underground utilities.
[Held in both chambers for further study.]
City Council bill B23-0117, introduced 2/4/2019 and now in the Committee on Business and Economic Development, would broaden enforcement authority of underground facilities, such as gas and power lines to the Department of Consumer and Regulatory Affairs administratively. Currently, enforcement authority is limited to the District of Columbia Superior Court. This bill also:
- Amends the definition of excavation to include trenchless technology
- Requires that utilities respond to request from One-Call within 48 hours
- Requires that a project provide adequate protection, including supports as needed, to utility operator workers when they enter the immediate vicinity of the facility.
- Eliminates an exception for small excavation projects that were contained within the limits of the original excavation and did not exceed twelve inches in depth.
- Increases the civil penalty for subsequent violations from $3,500 to $5,000 for a second offense and from $5,000 to $10,000 for a third or subsequent offense. As an alternative to these civil penalties, the bill authorizes the Mayor to issue civil fines and penalties under the Civil Infraction Act
- Authorizes the Mayor to implement educational programs, collect data, and require reporting by entities subject to the Act in order to develop an effective damage prevention program.
A third Notice of Proposed Rulemaking with amendments to Chapter 15-37 DCMR Natural Gas Quality of Service Standards was filed on 11/30/2018 to modify reporting requirements for gas outages and incidents; reporting and repairing requirements for gas leaks and odor complaints; reporting and responding requirements for gas emergencies; customer service standards and surveys; reliability standards; and compliance reporting. The amendments also propose remedies for violations that may include forfeiture or civil penalties.
Southern Region Update
The Department of Agriculture and Consumer Services has initiated a rulemaking to update its LP gas rules to reflect the significant changes were made to Chapter 527, Florida Statutes during the 2018 legislative session. The proposed rules are being amended to:
Repeal redundant, unnecessary rules;
Update incorporated forms and standard references, and eliminate forms that are no longer necessary;
Clarify vague definitions;
Clarify that department inspectors will no longer use a “Red Tag” to prohibit use, but Stop Use Orders consistent with other bureau programs;
Clarify the type of leak survey required for underground tanks, remove unnecessary common use definition and remove exemptions for certain underground tanks defined by 49 CFR;
Add required user notification after a dealer repairs or alters a LP gas system in case indoor appliances have been affected posing a safety hazard;
Update CEU training requirements;
Update penalty rules to be consistent with department standard and add notice of noncompliance in lieu of warning letter to reduce administrative procedures; and update resolution, settlement and remedies rules to meet current department standard.
The Public Service Commission has proposed amendments to its rules to incorporate by reference the 2018 edition of 49 CFR Parts 191, 192 and 199.
HB263/SB848 Underground Facility Damage Prevention and Safety: Changes number of days notice an excavator must provide to free-access notification system before beginning any excavation or demolition; creates underground facility damage prevention review panel; provides membership, term limits, & duties of review panel; specifies civil penalties which review panel may assess; provides review process through DOAH for infractions not resolved by review panel; provides penalty for person who removes or damages permanent underground facility markers; authorizes member operators to place permanent markers for certain purposes.
[In House Energy & Utilities Subcommittee 01/23/2019, in Senate Innovation, Industry, and Technology committee 2/19/19]
SB129 would to clarify the definitions of “approximate location” and “normal excavation locate request” and define “positive response,” “unique identification number” or “locate request number,” “locator,” “locatable facility,” and “unlocatable facility”; require operators of underground facilities located in Kentucky to be members of the Kentucky Contact Center; establish a phase-in period for mandatory membership; waive the rights of nonmember operators of the Kentucky Contact Center for damage to their underground facilities after December 31, 2023; require operators to update the positive response system documenting the status of marking the approximate location of its underground facilities; require excavators to confirm status of locate request in the positive response system; eliminate the requirement that the member operators file their contact information with the county clerk where the operator has underground facilities; require the Kentucky Contact Center to maintain a list of members’ contact information and modify the members of the board of directors of the Kentucky Contact Center; establish certain bylaw requirements for the Kentucky Contact Center; require a financial audit report to the Legislative Research Commission and the Governor from the Kentucky Contact Center; require a membership and operations report to the Legislative Research Commission and the Governor from the Kentucky Contact Center; require notices and minutes of the Kentucky Contact Center to be posted on their Web site.
[In Senate Natural Resources & Energy committee 2/26/2019]
Central Region Update
The Illinois Commerce Commission proposed amendments to its rules in two rulemakings published in August:
- to incorporate by reference 49 CFR Part 192 and Part 199 as well as portions of Part 191 that were in effect on July 1, 2018 to comply with the commission’s certification agreement with PHMSA.
- to update report filing requirements to remove obsolete forms and include electronic submissions.
[Comment period has closed; awaiting final adoption.]
HB3507 Amends the Illinois Underground Utility Facilities Damage Prevention Act. Includes, in the definition of “underground utility facilities”, wires, ducts, fiber optic cable, conduits, pipes, sewers, and cables and their appurtenances installed underground for information technology infrastructure, equipment, systems, software, networks, and processes used to create, send, receive, and store electronic or digital information, including computer systems, telecommunication services and systems, and future technologies.
[Referred to Public Utilities committee 3/5/2019, re-referred to Rules committee 3/29/2019]
SB1570 Amends the Illinois Underground Utility Facilities Damage Prevention Act. Specifies that a “Normal notice request” means a request for locates that provides no less than 48 hours, but no more than 14 calendar days, advance notice of a planned excavation or demolition. The request is only valid for 28 calendar days unless an extension is requested. Emergency requests will have a 2 hour wait time unless urgent action can be demonstrated by the operator, and expire in 4 days. Provides notice requirements for damaged, dislocated, and exposed underground utility facilities. Provides additional requirements for record of notice and the marking of underground utility facilities. Modifies Sections concerning liability, financial responsibility, negligence, and penalties for violating the provisions of the Act. Repeals a Section concerning preconstruction conferences. Defines, modifies, and repeals terms. Makes certain provisions apply to home rule municipalities with a population over 1,000,000.
[Second reading scheduled for 4/3/2019]
The Iowa Utilities Board amended its rules to update adoption by reference to bring the Board’s safety rules for natural gas pipelines into compliance with federal regulations
The Board is engaged in the following additional rulemakings:
RMU-2016-0004 Review of Intrastate Gas and Underground Gas Storage Rules in 199 IAC Chapter 10
RMU-2016-0013 Review of Restoration of Agricultural Lands During and After Pipeline Construction Rules in 199 IAC Chapter 9
RMU-2016-0015 Review of Hazardous Liquid Pipelines and Underground Storage Rules 199 IAC Chapter 13
Status information on these dockets is available here.
HF432 would amend current law to require an environmental impact assessment under specified circumstances prior to the granting of a permit to construct, maintain, or operate a hazardous liquid pipeline, and including effective date provisions.
[Introduced, referred to Commerce. 2/19/2019]
HB2178 would amend the Kansas underground utility damage prevention act; definitions (operator includes electricity service providers); exceptions to duty to mark location of facilities (required marking is restricted for electricity providers by their ownership)
[After passing the Senate, the House concurred with the amended bill 4/1/2019]
SB18 was signed by the Governor on 3/7/2019, and becomes effective on 7/1/2019. The new law doubles South Dakota’s maximum civil penalty for some pipeline safety violations to $2 million.
Southwest Region Update
SB 82 was pre-filed for the upcoming legislative session. This bill:
- provides if the operator and excavator cannot agree to extend the time and the excavation or demolition activity could impact a pipeline located on or in water, upon written request by the operator, the commissioner of conservation may delay the mark-by time prior to the commencement of any excavation or demolition activity in order to allow for the accurate marking of such pipeline.
- provides that the commissioner of conservation may extend the time to complete the excavation or demolition activity if such activity could impact a pipeline located on or in water.
- provides that except as provided in present law, no parish, municipal, local, or state governing authority may enact any ordinance or promulgate any rules or regulations which are in conflict with the provisions of present law.
Two rulemakings are in progress:
The Gas And Hazardous Liquid Pipeline Safety rules (Chapter 20) are being amended [rules submitted to the Governor and the legislature on 3/8/2019 for approval]:
- To update references to the CFR and the Oklahoma Underground Facilities Damage Prevention Act to the most recent version;
- To require that pipeline operators notify the Pipeline Safety Dept. of change in ownership within 5 days;
- To add a new subchapter “Obligations under the Oklahoma Underground Facilities Damage Prevention Act Subject to Commission Enforcement” with new permanent rules:
- Requiring underground facility operators to provide additional information to excavators (facility material size and type).
- Listing requirements for telephonic damage reporting.
- Requiring a written report of damages caused by excavation.
- Outlining the procedure for filing a complaint against an excavator for failing to comply with the Oklahoma Underground Facilities Damage Prevention Act.
The Gas Service Utilities rules (Chapter 45) are being amended [adopted 2/8/2019 and transmitted to the Governor and legislature for approval]:
- For service installations that require open trenches, utilities must inspect or request inspection within 14 days;
- Utilities must provide a notice of change in contact for PUD and CSD issues within 30 days of the change;
- Utilities must provide a contact number in local phone directories for emergencies or service deficiencies;
- Changes to customer service complaint response times and procedures;
- Utilities are required to follow current PHMSA Pipeline Security Contingency Plan Guidance to develop a Homeland Security and Critical Infrastructure Plan and report any security breaches that may affect customers to PUD Director.
SB1008/HB2097 amends definition for “excavate” includes activities w/in public or private right-of-way; modifies timeline requiring operator to locate and mark underground facilities (from 48 hours after receipt of demolition notice to prior to the date work is scheduled to begin).
[After second reading, in the Senate Energy and Natural Resources committee; passed the House, and in Senate Energy committee]
HB 226 would reduce the charge for violations of the Public Utility Regulatory Act or Gas Utility Regulatory Act to Class A misdemeanor from Felony of the Third Degree.
[After a public hearing on 3/11/2019 the bill is being scheduled for a second reading in the House]
Several bills related to gas pipeline safety were introduced on 2/25/2019 and referred to the Energy Resources committee:
HB863/HB 864 would add Pipeline Incident Notification and Reporting requirements for distribution gas pipelines and clarify changes to related administrative penalties; RRC to adopt new rules by 12/31/2019.
HB865 would require perpetual maintenance of records of pipeline incidents by the RRC.
HB866 for gas distribution pipelines: would prohibit installation of cast iron, wrought iron, bare steel pipe; requires operators to replace said pipe with plastic by 12/31/2020.
HB867 / HB868 regarding leaks: would require an operator of a distribution gas pipeline to report leaks to RRC and to publish exact leak locations on their public internet site; RRC to adopt rules by 12/31/2019 // Require a distribution gas pipeline facility operator to mail written notice of a leak not later than 72 hours after the leak is discovered to each customer whose billed property is located less than one-quarter mile from where the leak occurred.
Another set of bill was introduced on 3/12 and 3/18/2019 and referred to the Energy Resources committee:
HB 2882 would allow recovery of damages attributable to excavation activities in a civil action.
HB 3385 would require the RRC to publish maps of pipeline evacuation zones.
HB 3479 would require the RRC to establish rules for cleanliness standards for intrastate distribution gas pipelines that pass through karst topographic areas.
HB 3480 would require operators to disclose the composition of fluids and materials transported in pipelines regulated by RRC.
Western Region Update
The OSFM’s ongoing rulemaking to develop regulations as required by legislation that was passed after the 2015 Santa Barbara oil spill – AB 864 (2015) – is moving forward. These regulations will become a new Article “Requirements For New Or Replacement Pipeline Near Environmentally and Ecologically Sensitive Areas In The Coastal Zone.”
By January 1, 2020 any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone shall use best available technology, including but not limited to, the installation of leak detection technology, automatic shutoff systems, or remote controlled sectionalized block valves, or any combination of these technologies, based on a risk analysis conducted by the operator, to reduce the amount of oil released in an oil spill to protect state waters and wildlife. By July 1, 2020, an operator of an existing pipeline near environmentally and ecologically sensitive areas in the coastal zone shall submit a plan to retrofit, by January 1, 2022, existing pipelines near environmentally and ecologically sensitive areas in the coastal zone with the best available technology including but not limited to, the installation of leak detection technology, automatic shutoff systems, or remote controlled sectionalized block valves, or any combination of these technologies, based on a risk analysis conducted by the operator, to reduce the amount of oil released in an oil spill to protect state waters and wildlife.
The proposed regulatory language:
– Includes definitions to provide added clarity to essential elements, such as: automatic shutoff systems, coastal zone, near, oil, and pipeline
– Describes how operators identify pipelines subject to or exempt from the proposed regulations
– Explains risk analysis submission requirements and considerations
– Provides deadlines and dates for deliverables
– Outlines reporting requirements following spills
– Describes evaluation and documented justification for best available technologies
– Takes into account local environmental features, geography, hydrology, etc.
– Covers spill trajectories and worst case discharges
– Describes processes for confirming acceptable risk analyses
– Outlines testing and training time frames and procedures
Proposed rules were updated on Jan 17, 2019 after multiple workshops in 2017 and 2018. A notice of proposed rulemaking was issued on 2/5/2019. Public hearings were held thru April, with the end of the comment period April 2, 2019.
The OSFM has adopted amendments that add to its regulations to prescribe fees charged to operators who are required to be members of the regional notification centers. The new regulation ensures that the California Underground Facilities Safe Excavation Board has sufficient funding for its operational expenses and to exercise the powers and duties conferred upon it.
SB169 his bill would authorize the State Fire Marshal to:
- require the owner or operator of a pipeline to establish and maintain records, make reports, and provide any information that the State Fire Marshal reasonably requires, to create an inventory of pipelines that will be available to the public.
- enter operator’s facility and inspect records.
- disclose records, reports, or other information required to be maintained to an officer, employee, or authorized representative of the state or the United States for purposes of carrying out the requirements of the act or the federal Hazardous Liquid Pipeline Safety Act, or when relevant to a proceeding pursuant to the act.
Current code excludes from the definition of pipeline a pipeline for the transportation of crude oil that operates by gravity or at a stress level of 20 percent or less of the specified minimum yield strength of the pipe. This bill would eliminate that exclusion.
This section will become operative only upon receipt of federal block grant funds as determined by the State Fire Marshal.
[In the Senate Appropriations committee 3/29/2019]
AB1166 The regional notification center shall report the issuance of tickets to the Public Utilities Commission, and the Public Utilities Commission shall retain these records for five or more years.
[In the Senate Natural Resources and Water committee, scheduled for a hearing 4/10/2019]
In the 3/25/2019 Register the Department of Labor and Employment, Division of Oil and Public Safety published its Underground Damage Prevention Safety Commission Regulations, which were adopted as emergency rules effective 2/14/2019. A Notice of Proposed Rulemaking for permanent adoption of these same rules was published in the same Register, with a hearing scheduled on April 16.
The regulations are promulgated to establish rules for the Commission under the Excavation Requirements Act §§ 9-1.5-101, et. seq., C.R.S.. The regulations cover general provisions, enforcement of violations and best practices.
SB1073 was signed by the Governor on 3/28/2019 and is effective 7/1/2019. Some underground facility owners are also end user consumers of utility services or commodities. Service laterals are underground facilities located in public rights of way or utility easements. End users do not have operational control of, locational knowledge of, or the expertise or equipment to locate or mark service laterals, despite owning them, because the laterals are in rights of way or utility easements. The new law exempts end users from the requirement to locate and mark service laterals and requires underground facility owners with the ability to locate and mark service laterals to do so.
SB1011 was signed by the Governor on 3/22/2019 and is effective 7/1/2019. Idaho Code section 55-2205(2) states, “If there are identified but unlocatable underground facilities, the owner of such facilities or the owner’s agent shall locate and mark the underground facilities in accordance with the best information available to the owner of the underground facilities and with reasonable accuracy as defined in section 55-2202(15), Idaho Code.” Idaho Code section 55-2202(9) defines an identified but unlocatable underground facility as “an underground facility which has been identified but cannot be located with reasonable accuracy.” By definition, an identified but unlocatable underground facility cannot be located with reasonable accuracy as required by Idaho Code section 55-2205(2). The new law corrects this discrepancy and requires locatable underground facilities to be marked with reasonable accuracy, as was the initial intent of the statute. The new law also revises Idaho Code section 55-2205(4) to align it with changes to Idaho Code section 55-2205(2). Idaho Code section 55-2208(5) requires that “[u]nderground facility owners and excavators who observe, suffer or cause damage to an underground facility or observe, suffer or cause excavator downtime . . . shall report such information to the board in accordance with the rules promulgated by the board.” This requirement may cause duplicative reporting of the same incident by both underground facility owners and excavators. The Damage Prevention Board (Board) and stakeholders believe underground facility owners are best situated to report damage to their underground facilities and excavators are best situated to report downtime they suffer due to violations of chapter 22, title 55, Idaho Code. Accordingly, the Board and stakeholders believe only underground facility owners should be required to report damage to underground facilities and only excavators should be required to report excavator downtime. The new law eliminates potential double reporting by requiring only underground facility owners to report damage to underground facilities and only excavators to report excavator downtime. The new law also adds definitions for “hand digging,” “soft digging,” and “locator” to Idaho Code section 55-2202.
The PUC has adopted (per legislative review) amendments to its Utility Safety and Accident Reporting Rules to adopt by reference several national safety codes applicable to electric, telephone, and natural gas utilities and federal safety regulations applicable to natural gas and pipeline utilities. Rule 101 adopts the 2017 Edition of the National Electric Safety Code (“NESC”).
HB 1006 relates to adopting new requirements for locating underground facilities, including positive response, minimum marking standards, adopting a new process for coordinating large projects, and requiring new and replacement facilities to be locatable.
[Recommended for passage after amendment by House Committee on Local Government and referred to Appropriations 2/22/2019]
The Public Service Commission rules are being amended to adopt by reference current versions of codes and standards.
[Final rules filed with the Secretary of State 1/25/2019]
HB0152, signed by the Governor on 2/26/2019, modifies requirements for architectural and engineering plans that call for excavation and requires the notification center to provide location information to persons preparing such plans; requires operators to give notice to the notification center each 14 days for projects that exceed that time; requires (with some exceptions) excavators to mark their proposed excavation boundaries prior to facility marking by operators; requires an excavator to call 911 for contact with or damage to underground facilities; modifies penalties; requires monthly reports from the notification center to the Attorney General of any non-compliance complaints.
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