HB 474/LM (BR 1752) - A. Webb-Edgington, S. Santoro, J. Bell, L. Clark, W. Coursey, R. Crimm, J. Greer, K. Hall, B. Housman, D. Osborne, F. Steele, T. Thompson, A. Wuchner
AN ACT relating to underground facility damage prevention.
Amend various sections of KRS 367.4903 to 367.4917 to update definitions and provisions; define "critical service," "critical service provider," "nonintrusive excavation," "one-call center," and "commission"; require critical service providers and operators not providing a critical service to comply with new provisions no later than December 1, 2012; provide for Public Service Commission determination of terms for exemption for noncompliance; provide for waiver of any operator's right to recover damages to an underground facility, loss of product or service, or damages from excavation as a result of failing to comply with requirements; require that all newly established underground facilities installed after January 1, 2011, shall be installed to include a means to accurately identify and locate underground facilities from the surface, not including the repair of existing underground facilities; provide for excavators to contact the one-call center as satisfactory for notification of planned excavation or demolition work no more than ten business days prior to commencing work; require that each excavator who conducts or is responsible for any excavation or demolition that results in underground facility damage notify the one-call center of the location and nature of the underground facility damage; require each protection notification center to provide promptly to each of its affected operator members the excavator information required by KRS 367.4911(2) after receiving an excavation or demolition work notification from an excavator; provide for a seven-member elected board of directors composed of member operators to govern the one-call center; require that a minimum of one representative from natural gas distribution, electric distribution, water, sewer, or sanitation, gas or petroleum transmission pipelines, telephone, cable, and municipal or government sectors be elected to the board; provide for the one-call board to establish the method to calculate the cost of each locate request transmitted to member operators; prohibit the board from establishing rates or other charges that require payments from any member operator who receives fewer than 100 telephone calls in the calendar year; provide for Kentucky Underground Protection, Inc., which operates the one-call center, to provide service to all Kentucky counties; provide that the requirements of KRS 367.4905 to 367.4917 shall not apply to excavation by hand probing to determine the extent of leak migration or any hand digging performed by an operator to locate the operator's underground utility lines in response to a notice of excavation from the notification center if all reasonable precaution has been taken to protect the underground utility lines.
Feb 22-introduced in House
Feb 24-to Natural Resources & Environment (H)
Feb 26-reassigned to Military Affairs & Public Safety (H)
Mar 10-posted in committee