Bill Text: MS HB575 | 2014 | Regular Session | Introduced
Bill Title: MS One-Call System; prohibit liability from attaching to excavators who do not receive timely markings of underground utilities from.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2014-02-04 - Died In Committee [HB575 Detail]
Download: Mississippi-2014-HB575-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Utilities
By: Representative Staples
House Bill 575
AN ACT TO AMEND SECTION 77-13-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF MISSISSIPPI ONE-CALL SYSTEM, INC., DOES NOT PROVIDE OPERATORS TO MARK UNDERGROUND UTILITY LINES OR UNDERGROUND FACILITIES WITHIN 4 WORKING DAYS TO ANY PERSON THAT IS EXCAVATING AFTER THAT PERSON HAS PROVIDED CERTAIN NOTICE, THEN SUCH PERSON SHALL NOT BE HELD LIABLE FOR ANY DAMAGES THAT MAY OCCUR DUE TO HIS OR HER EXCAVATING ACTIVITIES; TO AMEND SECTIONS 77-13-7 AND 77-13-9, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 77-13-5, Mississippi Code of 1972, is amended as follows:
77-13-5. (1) In addition to complying with all other applicable regulations and requirements of federal, state, county and municipal authorities, no person shall engage in excavation of any kind, before meeting the notification requirements of this chapter. Under this chapter the excavator shall:
(a) Inform himself/herself of the presence and location of any underground utility lines and underground facilities in or near the area where excavation is to be conducted;
(b) Plan and conduct the excavation to avoid or minimize interference with or damage to underground utility lines and underground facilities in or near the excavation area; maintain a clearance between any underground utility line or underground facility and the cutting edge or point of any mechanical excavating equipment, taking into account the known limit of control of such cutting edge or point, as may be reasonably necessary to avoid damage to such facility; and provide such support for underground utility lines or underground facilities in and near the excavation area, including during any backfilling operations, as may be reasonably necessary for the protection of such facilities.
(c) Except as provided in Section 77-13-11, provide not less than two (2) and not more than ten (10) working days' advance written, electronic or telephonic notice of the commencement, extent, location and duration of the excavation work to Mississippi One-Call System, Inc., so that Mississippi One-Call System, Inc., operator(s) may locate and mark the location of underground utility lines and underground facilities in the excavation area.
The written, electronic or
telephonic notice required by this * * * paragraph (c) shall contain
the name, address and telephone number of the person filing the notice of
intent, the person responsible for the excavation, the starting date, anticipated
duration, type of excavation to be conducted, the location of the proposed
excavation and whether or not explosives are to be used.
(d) If Mississippi One-Call System, Inc., does not provide operators to the excavator within four (4) working days after the excavator has provided notice, as prescribed under paragraph (c) of this subsection, then such excavator shall not be held liable for any damages that may occur due to excavation activities that are conducted in the location that the excavator provided notice to Mississippi One-Call System, Inc.
(2) The markings provided by operators shall only be valid for a period of ten (10) working days from the proposed starting date provided to Mississippi One-Call System, Inc. The person responsible for the excavation project shall renew the notification with Mississippi One-Call System, Inc., at least two (2) working days prior to this expiration date and shall continue to renew such notification in the same manner throughout the duration of the excavation. Such renewal notice shall be valid for a period of ten (10) working days from the date of the expiration of the prior notification.
(3) Compliance with the notice requirements of this section shall not be required of: (a) persons plowing less than twenty-four (24) inches in depth for agricultural purposes; (b) persons who are moving or otherwise displacing, by hand, earth, rock or other material or mass of material on or below the ground at a depth of less than twelve (12) inches on property they own; and (c) persons, other than the property owner, who are moving or otherwise displacing, by hand, earth, rock or other material or mass of material on or below the ground at a depth of less than twelve (12) inches, except when such excavation is in a clearly marked underground facility right-of-way.
SECTION 2. Section 77-13-7, Mississippi Code of 1972, is amended as follows:
77-13-7. (1) Each person responsible for any excavation that results in damage to an underground utility line or underground facility, immediately upon discovery of such damage, shall notify Mississippi One-Call System, Inc., and notify all operators of such damaged line or facility of the location of the damage and shall allow the operator reasonable time to accomplish any necessary repairs before completing the excavation in the immediate area of the damage to such line or facility.
(2) Each person responsible for any excavation that results in damage to an underground pipeline or underground facility permitting the escape of any hazardous, flammable, toxic or corrosive gas or liquid shall, immediately upon discovery of such damage, notify Mississippi One-Call System, Inc., and the operator and take other action as may reasonably be necessary to protect persons and property and to minimize the hazards, until arrival of the operator's personnel and the police or fire departments.
(3) Except where the excavator has fully complied with the provisions of Section 77-13-5 and subsections (1) and (2) of this section and except where Mississippi One-Call System, Inc. does not provide timely marking of locations of underground utility lines or underground facilities as provided under Section 77-13-9, each person responsible for excavation that results in damage to an underground line or underground facility, except the property owner, unless the property owner is the excavator, shall be responsible for any and all costs and expenses incurred by the operator in restoring, correcting, repairing or replacing the damaged line or facility.
SECTION 3. Section 77-13-9, Mississippi Code of 1972, is amended as follows:
77-13-9. (1) Every person owning or operating underground utility lines or underground facilities shall, upon receiving advance notice of the commencement of excavation, in accordance with Section 77-13-7, make an investigation, and may report through the use of the PRIS the status of the work performed, within two (2) working days from the time notice is provided in accordance with this chapter to the Mississippi 811, Inc., to determine the approximate location of its underground utility lines or underground facilities in the area of the proposed excavation, and shall either: (a) mark the approximate location of underground utility lines and underground facilities in or near the area of the excavation, so as to enable the person engaged in excavation work to locate the lines and facilities in advance of and during the excavation work; (b) advise in writing or by telephone or electronic means that it has no underground utility lines or underground facilities in the excavation area; or (c) advise in writing or by telephone or electronic means that it can locate its underground utility lines or underground facilities in the excavation area only by excavation. If an operator can locate its underground utility lines or underground facilities in the excavation area only by excavation and has given proper notice of such, that operator shall be allowed a reasonable amount of additional time, not to exceed two (2) additional working days, to mark the approximate location of the underground utility lines or underground facilities.
(2) In lieu of such marking, the operator may request to be present at the site upon commencement of the excavation, so long as the operator complies within two (2) working days of the receipt of the notice.
(3) When an excavator, upon arriving at an excavation site, sees evidence of unmarked underground utility lines or underground facilities or encounters an unmarked underground utility line or underground facility on an excavation site after excavation has commenced where notice of intent has been made in accordance with the provisions of this chapter, that excavator must immediately contact Mississippi 811, Inc. All operator(s) thus notified must contact the excavator within four (4) hours and inform the excavator of any of their known underground facilities, active or abandoned, at the site of the excavation.
(4) When marking the approximate location of the facilities, the operator shall follow the color code designated and described herein, unless otherwise provided for by specific administrative rule or regulation promulgated pursuant to this chapter, namely:
UTILITY OR TYPE OF FACILITY GROUP IDENTIFYING COLOR
Electric Safety Red
Petroleum Product/Hazardous/
Flammable/Corrosive/Toxic
Materials, Product and Steam
Lines, Gas or Gaseous Material High Visibility Safety
Yellow
Telecommunications (including fiber
optic) and CATV Safety Alert Orange
Potable Water Safety Precaution Blue
Reclaimed Water, Irrigation,
Slurry Lines Purple
Sewer and Drain Lines Safety Green
Temporary Survey Markings High Visibility Pink
Proposed Excavation White
(5) All utility facilities installed by owners or operators of utilities on or after January 1, 2010, shall be installed in such manner that the utility facility may be located by using a generally accepted electronic locating method.
(6) Except for emergency excavations, if, before the expiration of the two (2) working days waiting period, all identified facility owners or operators have responded to the locate request and all have indicated that their facilities are either not in conflict or have been marked as indicated through the use of the PRIS, then the person planning to perform excavation or blasting shall be authorized to commence work, subject to the other requirements of this section, without waiting the full two (2) working days.
(7) If Mississippi 811, Inc., does not provide operators to the excavator within four (4) working days after the excavator has provided notice, as prescribed under paragraph (c) of Section 77-13-5, then such excavator shall not be held liable for any damages that may occur due to excavation activities that are conducted in the location that the excavator provided notice to Mississippi 811, Inc.
SECTION 4. This act shall take effect and be in force from and after its passage.
