Bill Text: IN HB1253 | 2013 | Regular Session | Introduced
Bill Title: Underground utility facility protection.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-14 - First reading: referred to Committee on Utilities and Energy [HB1253 Detail]
Download: Indiana-2013-HB1253-Introduced.html
Citations Affected: IC 8-1-26.
Synopsis: Underground utility facility protection. For purposes of the
statute concerning the location and protection of underground utility
facilities during excavation or demolition activities, provides that the
"approximate location" of a facility means a strip of land not more than
18 inches horizontally from the outside wall of the facility. (Current
law provides that the "approximate location" of a facility means a strip
of land at least four feet wide but not wider than the width of the
facility.) Provides that a "qualified person" under the statute means a
person who has completed a training program that meets certain
minimum training guidelines and practices for utility locators. Provides
that: (1) subsurface installation locating activities; and (2) the location
of utilities in areas involving pavement; must be performed by a
qualified person. Requires a utility operator to: (1) maintain a record
of all as-built and record drawings for all the operator's live or active
underground facilities; and (2) make such drawings available to any:
(A) person providing locating services to the operator; and (B) person
responsible for an excavation or demolition at a site where the
operator's facilities are located; to the extent necessary for the person
to perform the person's duties in compliance with the statute. Provides
that a utility operator that violates the statute is subject to a civil
penalty in an amount not to exceed $10,000. Provides that if a person
responsible for an excavation or demolition suffers a pecuniary loss as
a result of a violation of the statute, the person may bring a civil action
against the person that caused the loss. (Current law provides a cause
of action only for a utility operator that suffers a loss.)
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Utilities and Energy.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
Protection Service or its successor organization shall do the following:
(1) Provide that the board of directors of the Indiana Underground
Plant Protection Service or its successor organization is composed
of:
(A) five (5) members representing electric utilities other than
municipal electric utilities, including corporations organized
or operating under IC 8-1-13 or corporations organized under
IC 23-17, some of whose members are local district
corporations (as described in IC 8-1-13-23);
(B) five (5) members representing investor owned gas utilities,
including pipelines;
(C) five (5) members representing telecommunications
communications service providers, at least one (1) of whom
is a provider of cable television service;
(D) five (5) members representing water or sewer utilities
other than municipal water or sewer utilities; and
(E) five (5) members representing political subdivisions,
including municipal utilities, which must include the political
subdivision that owns the largest waterworks utility in Indiana.
(2) Require the affirmative vote of at least sixty percent (60%) of
each category of members appointed under subdivision (1) to
approve an increase, a decrease, or any other adjustment to the
membership dues, rates, tariffs, locate fees, or any other charges
imposed by the Indiana Underground Plant Protection Service or
its successor organization.
(b) The association shall provide for mutual receipt of notice of
excavation or demolition operations under section 16 of this chapter.
(c) The association shall:
(1) annually update the association's base map data, including
street addresses; and
(2) make reasonable efforts to reduce incorrect locate requests
issued to the association's members.
(d) The association shall develop and implement guidelines to
provide that, for purposes of providing notice to an operator under
section 16 of this chapter, the time of receipt of a notice of an intent to
excavate or demolish is determined as follows:
(1) For a notice that is received between the hours of 7 a.m. and
6 p.m. on a working day, at the time of receipt.
(2) For a notice that is received after 6 p.m. on a working day and
before 7 a.m. on the following working day, at 7 a.m. on the
following working day.
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 18. (a) As used in this section, "qualified
person" means a person who has completed a training program
that meets the minimum training guidelines and practices for
locator training set forth in the most recent version of the Best
Practices Manual of the Common Ground Alliance.
(a) (b) Subject to subsections (j), (k), and (l), each operator
notified under section 16 of this chapter shall, in not later than two (2)
full working days after receiving the notice of intent provided in
section 16 of this chapter, supply to the person responsible for the
excavation or demolition the following information, using maps when
appropriate:
(1) The approximate location and description of all the operator's
underground facilities that may be damaged as a result of the
excavation or demolition.
(2) The location and description of all facility markers indicating
the approximate location of the underground facilities.
(3) Any other information that would assist that person in locating
and avoiding damage to the underground facilities, including
providing adequate temporary markings indicating the
approximate location of the underground facility and locations
where permanent facility markers do not exist.
(b) (c) Facility locate markings must consist of paint, flags, or stakes
or any combination that mark the approximate location of the
underground facilities. The method of marking must be appropriate for
the location of the underground facilities.
(c) (d) Color coding of facility locate markings indicating the type
of underground facility must conform to the following color coding:
Facility and Type of Product Specific Group
Identifying Color
(1) Electric power distribution
and transmission
(2) Municipal electric systems
(3) Gas distribution and
transmission
(4) Oil distribution and
transmission
(5) Dangerous materials, product
lines, steam lines
(6)
systems
(7) Cable television
(8) Police and fire
communications
(9) Water systems
(10) Sewer systems
(11) Proposed excavation
(1) An operator of a pipeline facility is required to supply information, including facility locate markings, under subsection
(2) The operator of the pipeline facility fails to supply the information described in subdivision (1) or provides incorrect facility locate markings.
(3) The operator's pipeline facility is damaged during the excavation or demolition for which the operator was required to supply the information described in subdivision (1).
The operator of the pipeline facility
(1) is repairing its own underground facilities; or
(2) fails to supply required information or provide facility locate markings due to factors beyond the control of the operator.
thousand dollars ($10,000). This subsection does not apply to a person
that moves, removes, damages, or otherwise alters a facility locate
marking as part of the excavation or demolition for which the facility
locate markings were supplied.
(j) If, in order to provide the information required under
subsection (b), an operator must perform, or cause to be
performed, subsurface installation locating activities, the
subsurface installation locating activities must be performed by a
qualified person. The qualified person performing subsurface
installation locating activities on behalf of the operator must use at
least a single frequency utility locating device and shall be provided
access to alternative sources of verification of the approximate
location of the underground facilities for which the subsurface
installation locating activities are being performed, including all
drawing records, if necessary.
(k) If an underground facility is located or contained in, under,
or immediately adjacent to pavement, the location of the
underground facility must be determined by a qualified person.
The qualified person responsible for locating the underground
facility shall notify the person responsible for the excavation or
demolition of the underground facility's location in, under, or
immediately adjacent to pavement. The operator of the
underground facility shall assist the person responsible for the
excavation or demolition in protecting the underground facility
during the removal of any pavement that is necessary during
excavation or demolition. If the notice required under this
subsection is not provided to the person responsible for the
excavation or demolition, the person responsible for the excavation
or demolition is not liable for any damage to the underground
facility that occurs as a result of any pavement removal performed
during the excavation or demolition.
(l) If, after receiving the information required under subsection
(b), the person responsible for the excavation or demolition
determines that the exact location of an underground facility
cannot be determined by hand excavation, the person responsible
for the excavation or demolition shall, before performing any
excavation or demolition at the site of the proposed excavation or
demolition, request the operator of the facility to provide
additional information to the person, to the extent that information
is available to the operator, to enable the person to determine the
exact location of the underground facility.
(m) An operator shall maintain a record of all as-built and
record drawings for all the operator's live or active underground
facilities. The operator shall make the drawings available to:
(1) any qualified person or other person providing locating
services to the operator, regardless of whether the qualified
person or other person providing the services is an employee
of the operator; and
(2) any person responsible for an excavation or demolition at
a site where the operator's underground facilities are located;
to the extent necessary for a person described in subdivision (1) or
(2) to perform the person's duties in compliance with this chapter.
A person who is given access to any drawings under this subsection
shall ensure the adequate protection of any confidential and
proprietary business plans and other confidential information
contained in the drawings.
(1) An amount equal to the operator's or the person's actual
(2) The costs of the action.
(3) A reasonable attorney's fee.
(b) At the court's discretion, a court having jurisdiction may award punitive damages up to three (3) times the operator's or the person's actual damage.
(c) It is a defense to an action brought under this chapter if:
(1) the operator; or
(2) the person responsible for an excavation or demolition;
who brings the action fails to comply with the duties imposed on the operator or person under this chapter.
(d) In addition to the remedies described in subsection (a), an operator may bring an action to enjoin a person excavating or demolishing a structure in an area that includes the operator's facilities until that person complies with this chapter.
the commission, not to exceed ten thousand dollars ($10,000). A
pipeline facility operator of a pipeline facility that violates this chapter
may be subject to a civil penalty imposed by the commission under
IC 8-1-22.5 in addition to a penalty or fine imposed under this chapter.
(b) This chapter is not intended to affect any civil remedies
otherwise provided by law for personal injury or for property
damage, including any damage to subsurface installations.
