Bill Text: IA SSB1188 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the location and marking of underground facilities and providing penalties.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-15 - Subcommittee recommends amendment and passage. [SSB1188 Detail]
Download: Iowa-2021-SSB1188-Introduced.html
Senate
Study
Bill
1188
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
SCHULTZ)
A
BILL
FOR
An
Act
relating
to
the
location
and
marking
of
underground
1
facilities
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
480.1,
Code
2021,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
5A.
“Forty-eight-hour
period”
means:
3
a.
For
a
request
an
operator
receives
from
the
notification
4
center
on
or
before
12:00
p.m.,
a
period
of
forty-eight
hours
5
beginning
at
12:00
p.m.
on
the
day
the
operator
receives
the
6
request.
7
b.
For
a
request
an
operator
receives
from
the
notification
8
center
after
12:00
p.m.,
a
period
of
forty-eight
hours
9
beginning
at
11:59
p.m.
on
the
day
the
operator
receives
the
10
request.
11
NEW
SUBSECTION
.
5B.
“Locator”
means
a
person
who
engages
12
in,
or
proposes
to
engage
in,
the
location
and
marking
of
13
underground
facilities
pursuant
to
a
contract
with
an
operator.
14
“Locator”
does
not
include
an
employee
of
an
operator.
15
Sec.
2.
Section
480.4,
subsection
3,
paragraph
a,
16
subparagraphs
(1)
and
(2),
Code
2021,
are
amended
to
read
as
17
follows:
18
(1)
An
operator
who
receives
notice
from
the
notification
19
center
shall
mark
the
horizontal
location
of
the
operator’s
20
underground
facility
and
the
excavator
shall
use
due
care
in
21
excavating
in
the
marked
area
to
avoid
damaging
the
underground
22
facility.
The
operator
shall
complete
such
locating
and
23
marking,
and
shall
notify
the
notification
center
that
the
24
marking
is
complete
within
forty-eight
hours
after
receiving
25
the
notice
a
forty-eight-hour
period
,
excluding
Saturdays,
26
Sundays,
and
legal
holidays,
unless
otherwise
agreed
by
the
27
operator
and
the
excavator.
No
later
than
the
expiration
of
28
the
forty-eight-hour
period,
excluding
Saturdays,
Sundays,
29
and
legal
holidays,
the
notification
center
shall
notify
the
30
excavator
of
the
underground
facility
locating
and
marking
31
status,
or
the
failure
of
the
operator
to
notify
the
center
32
that
the
locating
and
marking
is
complete.
The
locating
and
33
marking
of
the
underground
facilities
shall
be
completed
at
no
34
cost
to
the
excavator.
If,
in
the
opinion
of
the
operator,
the
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planned
excavation
requires
that
the
precise
location
of
the
1
underground
facilities
be
determined,
the
excavator,
unless
2
otherwise
agreed
upon
between
the
excavator
and
the
operator,
3
shall
hand
dig
test
holes
to
determine
the
location
of
the
4
facilities
unless
the
operator
specifies
an
alternate
method.
5
(2)
The
marking
required
under
this
subsection
shall
6
be
done
in
a
manner
that
will
last
for
a
minimum
of
five
7
working
days
on
any
nonpermanent
surface,
or
a
minimum
of
ten
8
working
days
on
any
permanent
surface.
If
the
excavation
9
will
continue
for
any
period
longer
than
such
periods,
the
10
operator
shall
remark
the
location
of
the
underground
facility
11
upon
the
request
of
the
excavator.
The
request
shall
be
made
12
through
the
notification
center.
The
operator
shall
complete
13
the
remarking
and
the
notification
center
shall
notify
the
14
excavator
of
the
operator’s
completion
of
the
remarking
within
15
a
forty-eight-hour
period,
excluding
Saturdays,
Sundays,
and
16
legal
holidays,
unless
otherwise
agreed
by
the
operator
and
the
17
excavator.
18
Sec.
3.
Section
480.4,
subsection
3,
paragraph
b,
Code
2021,
19
is
amended
to
read
as
follows:
20
b.
An
operator
who
receives
notice
from
the
notification
21
center
and
who
determines
that
the
operator
does
not
have
22
any
underground
facility
located
within
the
proposed
area
of
23
excavation
shall
notify
the
notification
center
concerning
24
this
determination
within
forty-eight
hours
after
receiving
25
the
notice
a
forty-eight-hour
period
,
excluding
Saturdays,
26
Sundays,
and
legal
holidays
,
unless
otherwise
agreed
by
the
27
operator
and
the
excavator
.
No
later
than
the
expiration
of
28
the
forty-eight-hour
period,
excluding
Saturdays,
Sundays,
29
and
legal
holidays,
the
notification
center
shall
notify
the
30
excavator
that
the
operator
does
not
have
any
underground
31
facilities
within
the
proposed
area
of
excavation.
32
Sec.
4.
Section
480.6,
Code
2021,
is
amended
to
read
as
33
follows:
34
480.6
Civil
penalties.
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1.
A
person
who
violates
a
provision
of
this
chapter
is
1
subject
to
a
civil
penalty
as
follows:
2
a.
For
a
violation
related
to
natural
gas
and
hazardous
3
liquid
pipelines,
an
amount
not
to
exceed
ten
thousand
dollars
4
for
each
violation
for
each
day
the
violation
continues,
up
to
5
a
maximum
of
five
hundred
thousand
dollars.
6
b.
For
a
violation
related
to
any
other
underground
7
facility,
an
amount
not
to
exceed
one
thousand
dollars
for
each
8
violation
for
each
day
the
violation
continues,
up
to
a
maximum
9
of
twenty
thousand
dollars.
10
c.
For
a
locator’s
violation
related
to
any
time
limit
11
in
this
chapter
or
any
standard
established
by
the
utilities
12
board
pursuant
to
section
480.11,
an
amount
not
to
exceed
one
13
hundred
dollars
for
each
violation
for
each
day
the
violation
14
continues,
up
to
a
maximum
of
five
thousand
dollars.
The
15
utilities
board
shall
establish,
by
rule,
a
schedule
or
range
16
of
civil
penalties
that
it
may
assess
in
accordance
with
this
17
paragraph.
18
2.
The
attorney
general,
upon
the
receipt
of
a
19
complaint,
may
direct
the
complaint
to
the
utilities
board
20
for
investigation
and
may
institute
any
legal
proceedings
21
necessary
to
enforce
the
penalty
provisions
of
this
chapter
.
22
The
attorney
general
may
direct
the
board
to
investigate
a
23
complaint.
After
investigating
a
complaint
pursuant
to
this
24
subsection,
the
board
shall
provide
the
attorney
general
with
a
25
written
summary
of
the
investigation
and
all
evidence
the
board
26
acquired
during
the
investigation.
27
2A.
The
utilities
board
may
independently
receive,
28
investigate,
and
enforce
complaints
alleging
a
violation
of
29
section
480.11
pursuant
to
rules
adopted
by
the
board.
The
30
board
may
provide
the
attorney
general
with
a
written
summary
31
of
the
investigation
and
all
evidence
the
board
acquired
during
32
the
investigation.
33
3.
All
amounts
collected
pursuant
to
this
section
shall
34
be
remitted
to
the
treasurer
of
state,
who
shall
deposit
the
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amount
in
the
general
fund
of
the
state.
1
Sec.
5.
NEW
SECTION
.
480.11
Locator
certificate.
2
1.
A
locator
shall
not
engage
in
the
location
or
marking
3
of
underground
facilities
on
behalf
of
an
operator
pursuant
to
4
section
480.4
without
first
receiving
a
locator
certificate
5
from
the
utilities
board.
6
2.
The
utilities
board
shall
establish,
by
rule,
all
of
the
7
following:
8
a.
The
procedure
for
obtaining
a
locator
certificate.
9
b.
An
application
for
a
locator
certificate.
The
10
application
shall
require
all
of
the
following:
11
(1)
A
copy
of
the
locator’s
basic
organizational
document.
12
(2)
If
the
locator
is
not
incorporated
or
organized
in
this
13
state,
a
copy
of
the
locator’s
certificate
of
authority.
14
(3)
Information
related
to
the
locator’s
insurance
and
15
bonding.
16
(4)
Information
related
to
the
training
utilized
by
the
17
locator.
18
(5)
Information
related
to
the
locator’s
experience
19
locating
and
marking
underground
facilities.
20
(6)
Information
related
to
complaints
the
locator
has
21
received
from
an
excavator,
operator,
or
any
other
person
22
related
to
the
locator’s
services.
23
(7)
A
statement
that
the
locator
agrees
to
comply
with
the
24
requirements
of
this
chapter
and
rules
adopted
by
the
utilities
25
board
pursuant
to
this
chapter
and
chapter
476.
26
c.
Performance
standards
applicable
to
locators,
including
27
standards
intended
to
ensure
locators
timely
complete
their
28
services
as
required
by
this
chapter.
29
d.
A
schedule
or
range
of
civil
penalties
that
the
board
may
30
assess
for
violations
of
this
section.
31
e.
A
procedure
for
the
suspension
or
revocation
of
a
locator
32
certificate.
33
3.
A
locator
who
has
received
a
certificate
from
the
34
utilities
board
under
this
section
shall
not
do
any
of
the
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following:
1
a.
Enter
into
a
contract
with
an
operator
that
provides
2
incentive
payments
to
the
locator
based
on
the
number
of
3
location
and
marking
services
performed
by
the
locator.
4
b.
Pay
an
employee
or
independent
contractor
based
on
5
the
number
of
location
and
marking
services
performed
by
the
6
employee
or
independent
contractor.
7
c.
Notify
the
notification
center
that
the
locator’s
8
services
could
not
be
completed
as
a
result
of
a
failure
to
9
contact
the
excavator
unless
the
locator
includes
in
the
10
notification
information
showing
the
date,
time,
and
method
of
11
the
locator’s
attempted
contact,
including
the
name
and
contact
12
information
of
the
representative
of
the
excavator
that
the
13
locator
attempted
to
contact.
14
4.
An
operator
shall
not
be
subject
to
any
action
under
this
15
section.
16
5.
The
utilities
board
shall
adopt
rules
pursuant
to
chapter
17
17A
to
administer
and
interpret
this
section.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
the
location
and
marking
of
underground
22
facilities
and
provides
penalties.
23
The
bill
defines
“forty-eight-hour
period”
as,
for
a
request
24
an
operator
receives
from
the
notification
center
on
or
before
25
12:00
p.m.,
a
period
of
48
hours
beginning
at
12:00
p.m.
on
26
the
day
the
operator
receives
the
request,
and
for
a
request
27
an
operator
receives
from
the
notification
center
after
12:00
28
p.m.,
a
period
of
48
hours
beginning
at
11:59
p.m.
on
the
day
29
the
operator
receives
the
request.
The
bill
defines
“locator”
30
as
a
person
who
engages
in
the
location
and
marking
of
31
underground
facilities
pursuant
to
a
contract
with
an
operator.
32
Additionally,
the
bill
provides
that
“locator”
does
not
include
33
an
employee
of
an
operator.
34
The
bill
requires
an
operator
who
receives
notice
from
the
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notification
center
to
mark
the
location
of
the
operator’s
1
underground
facility,
and
notify
the
notification
center
that
2
the
marking
is
complete,
within
a
forty-eight-hour
period.
3
Additionally,
the
bill
requires
the
operator
to
complete
any
4
remarking,
and
requires
the
notification
center
to
notify
the
5
excavator
of
the
operator’s
completion
of
the
remarking,
within
6
a
forty-eight-hour
period.
7
The
bill
requires
an
operator
who
receives
notice
from
the
8
notification
center
and
who
determines
that
the
operator
does
9
not
have
any
underground
facility
located
within
the
proposed
10
area
of
excavation
to
notify
the
notification
center
within
a
11
forty-eight-hour
period.
12
The
bill
provides
that
if
a
locator
violates
a
time
limit
in
13
Code
chapter
480,
or
any
standard
established
by
the
utilities
14
board,
the
locator
shall
be
subject
to
a
civil
penalty
in
an
15
amount
not
to
exceed
$100
for
each
violation
for
each
day
the
16
violation
continues,
up
to
a
maximum
of
$5,000.
The
bill
17
requires
the
board
to
establish,
by
rule,
a
schedule
or
range
18
of
civil
penalties
that
it
may
assess.
19
The
bill
authorizes
the
attorney
general
to
direct
20
complaints
to
the
utilities
board
for
investigation.
The
bill
21
provides
that,
after
investigating
a
complaint,
the
board
22
shall
provide
the
attorney
general
with
a
written
summary
of
23
the
investigation
and
evidence
the
board
acquired
during
the
24
investigation.
25
The
bill
authorizes
the
board
to
independently
receive,
26
investigate,
and
enforce
complaints
alleging
a
violation
of
new
27
Code
section
480.11
pursuant
to
rules
adopted
by
the
board.
28
Additionally,
the
bill
authorizes
the
board
to
provide
the
29
attorney
general
with
a
written
summary
of
the
investigation
30
and
evidence
the
board
acquired
during
the
investigation.
31
The
bill
prohibits
a
locator
from
engaging
in
the
location
32
or
marking
of
underground
facilities
on
behalf
of
an
operator
33
without
first
receiving
a
locator
certificate
from
the
board.
34
The
bill
requires
the
board
to
establish
by
rule
all
of
the
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following:
a
procedure
for
obtaining
a
locator
certificate,
an
1
application
for
a
locator
certificate,
performance
standards
2
applicable
to
locators,
a
schedule
or
range
of
civil
penalties
3
that
the
board
may
assess
for
violations,
and
a
procedure
for
4
the
suspension
or
revocation
of
a
locator
certificate.
The
5
bill
provides
requirements
for
the
application
for
a
locator
6
certificate.
7
The
bill
prohibits
a
locator
who
has
received
a
certificate
8
from
the
board
from
entering
into
a
contract
with
an
operator
9
that
provides
incentive
payments
to
the
locator
based
on
10
the
number
of
location
and
marking
services
performed
or
11
from
paying
an
employee
or
independent
contractor
based
on
12
the
number
of
location
and
marking
services
performed
by
an
13
employee
or
independent
contractor.
Additionally,
the
bill
14
prohibits
a
locator
who
has
received
a
certificate
from
the
15
board
from
notifying
the
notification
center
that
the
locator’s
16
services
could
not
be
completed
as
a
result
of
a
failure
to
17
contact
the
excavator
unless
the
locator
includes
in
the
18
notification
information
related
to
the
attempted
contact.
19
The
bill
provides
that
an
operator
shall
not
be
subject
to
20
any
action
under
new
Code
section
480.11.
21
The
bill
grants
the
utilities
board
the
authority
to
adopt
22
rules
to
administer
and
interpret
the
provisions
of
the
bill
23
relating
to
new
Code
section
480.11.
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