HS HCS HB 425 -- UNDERGROUND FACILITY SAFETY AND DAMAGE
PREVENTION

This bill makes several changes to the procedure for
notification to owners or operators of underground facilities of
intent to excavate.  The bill:

(1)  Changes the definition of the term "marking" by
distinguishing between potable water, which is marked with blue,
and reclaimed water, which is marked with purple, and by
including cable television facilities in those to be marked in
orange;

(2)  Makes several technical changes to the definition of the
term "underground facility" by clarifying that the term excludes
specific lines and facilities and certain work done by railroads
regulated by the Federal Railroad Administration;

(3)  Specifies in the definition of the term "notification
center" that the center will operate 24 hours a day, 365 days a
year, and will be governed by a board of directors elected by
and representative of the membership;

(4)  Requires all current owners and operators of underground
facilities located in first or second classification counties to
participate in a statewide notification center by January 1,
2003.  Participation in the notification center is mandatory
after January 1, 2003.  All owners and operators of underground
facilities located in third or fourth classification counties
must become participants in the notification center by January
1, 2005, and participation is mandatory after January 1, 2005.
Current law does not require participation;

(5)  Requires notification centers to maintain a current list of
participating owners and operators, which must be made available
to excavators upon request.  The notification centers may charge
a reasonable fee to those requesting a copy of the list to cover
the costs of printing and mailing;

(6)  Requires an annual audit or review of the notification
center by a certified public accountant and a report of findings
to be submitted to the Speaker of the House and the President
Pro Tem of the Senate;

(7)  Changes notification requirements.  The requirement that
excavators notify the notification center and directly notify
those owners and operators registered with the Recorder of Deeds
expires on December 31, 2002.  Effective January 1, 2003, notice
to the notification center at least 2, but not more than 10,
working days prior to excavation is considered notice to all
owners and operators of underground facilities;

(8)  Allows the owner or operator to require a copy of the
excavator's project plans for the site or to arrange a meeting
at the site with the excavator if the excavation area cannot be
determined from the description in the notice.  Residential
property owners excavating on their own properties are exempt
from this requirement;

(9)  Changes the notice of intent to excavate to include a
facsimile number, if available; availability of a person at the
telephone number listed on the notice between 8:00 a.m. and 5:00
p.m. on working days; and whether there is a recording device at
the telephone number;

(10)  Requires that the notice also include a description of the
excavation location by direction and approximate distance in
relation to prominent features of the site and specifies
additional information for excavations outside of city limits;

(11)  Requires non-participating owners or operators receiving
direct notifications prior to January 1, 2003, to keep a written
record of each notice of intent to excavate for 5 years;

(12)  Changes the notification procedures when, during an
excavation, the excavator discovers that the owner or operator
has incorrectly located the underground facility.  The bill
requires the excavator to notify the notification center, which
will inform the participating owner or operator, or prior to
January 1, 2003, the excavator will directly notify the owner or
operator;

(13)  Allows excavators to continue working in a marked area so
long as the markings are visible.  If the markings become
unusable, the excavator must call the notification center to
request remarking.  The excavator must use reasonable care not
to obliterate the markings unnecessarily;

(14)  Allows participants to discontinue participation in the
notification center if the center has an inaccuracy rate of at
least 15%.  A method for determining the accuracy rate is
provided.  Once a participant has withdrawn from the center, it
must provide location and notification information to each
county Recorder of Deeds where it has underground facilities;

(15)  Requires the owner or operator of an underground facility
to inform the excavator of the approximate location of any
valves or other appurtenances at the same time and in the same
manner as the approximate location of the remainder of the
facility is furnished and to provide a telephone number by which
the excavator may contact a representative of the owner or
operator to meet at the site within one working day to furnish
available information relating to the appurtenances;

(16)  Changes the time frame for a meeting on-site of the owner
or operator and the excavator from within 48 hours to 2 working
days of the request for marking and allows the location to be
marked at the time of the meeting;

(17)  Allows the owner or operator to give notice of no
facilities at the site by calling the telephone number on the
notice between 8:00 a.m. and 5:00 p.m. on working days, leaving
a message on the excavator's recording device, sending a fax
message to the excavator, marking "no facilities" or "clear" at
the site, or verbally informing the excavator at the site.  Two
documented attempts to reach the excavator by telephone
constitute compliance;

(18)  Clarifies that the bill's provisions do not prohibit
owners of agricultural property from excavating on that
property, as long as the excavation is not in the proximity of
an underground facility that is marked above ground or in the
proximity of a utility easement known to that person;

(19)  Requires the excavator to give second notice to the same
entity to whom original notice was made prior to excavation if
the owner or operator fails to give location information.  If
after the second notice, the owner or operator fails to give
location information during the next working day, the excavator
may begin excavation;

(20)  Applies the bill's provisions to excavation sites
involving horizontal boring where the approximate location of
underground facilities has been marked in compliance with the
bill's provisions and where any part of the walls of the
intended bore are within the marked approximate location;

(21)  Prohibits excavators from using power-driven equipment for
horizontal boring within the marked approximate location of the
underground facilities until they have made careful and prudent
efforts to confirm the horizontal and vertical location of the
facilities through specified methods;

(22)  Specifies that nothing in the bill relieves an excavator
from the obligation to excavate in a safe and prudent manner or
absolves an excavator from liability for damage to legally
installed facilities.  The bill's provisions do not abrogate any
contractual agreement between any railroad and any other party
owning underground facilities in the railroad's right-of-way;

(23)  Changes the damage notification requirement from notifying
the notification center and the owner or operator to only
notifying the notification center effective January 1, 2003; and

(24)  Specifies under what circumstances an excavator or utility
is allowed to excavate, repair, or replace facilities without
regard to notification requirements.  Emergency excavation is
allowed for unexpected occurrences, including high winds, snow
storms, fires, floods, earthquakes, and riots.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:44 am