Bill Text: IA HF2581 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to required timing for notices regarding underground facility excavations and enforcement of excavation provisions, and including penalties. (Formerly HSB 538.) Effective date: 07/01/2024.
Spectrum: Committee Bill
Status: (Passed) 2024-05-01 - Signed by Governor. H.J. 938. [HF2581 Detail]
Download: Iowa-2023-HF2581-Enrolled.html
House
File
2581
-
Enrolled
House
File
2581
AN
ACT
RELATING
TO
REQUIRED
TIMING
FOR
NOTICES
REGARDING
UNDERGROUND
FACILITY
EXCAVATIONS
AND
ENFORCEMENT
OF
EXCAVATION
PROVISIONS,
AND
INCLUDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
480.1,
Code
2024,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
5A.
“Forty-eight-hour
period”
means
a
period
of
forty-eight
consecutive
hours
beginning
at
6:00
a.m.
the
next
business
day
from
the
day
the
notification
center
receives
a
notice
and
excludes
Saturdays,
Sundays,
and
legal
holidays.
NEW
SUBSECTION
.
5B.
“Locator”
means
a
person
proposing
to
engage
or
engaging
in
the
location
and
marking
of
underground
facilities
under
contract
with
or
employed
by
an
operator.
Sec.
2.
Section
480.3,
subsection
1,
paragraph
a,
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
(1)
The
center
shall
be
governed
by
a
board
of
directors
,
which
shall
represent
and
be
elected
by
operators,
excavators,
and
other
persons
who
participate
in
the
center.
The
board
shall
include
two
locators
and
two
excavators
to
serve
as
nonvoting
members.
The
board,
with
input
from
all
interested
parties,
shall
determine
the
operating
procedures
and
House
File
2581,
p.
2
technology
needed
for
a
single
statewide
notification
center
and
establish
a
notification
process.
Sec.
3.
Section
480.3,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
a.
The
board
shall
implement
the
latest
and
most
cost-effective
technological
improvements
for
the
center
in
order
to
provide
operators
and
excavators
with
the
most
accurate
data
available
and
in
a
timely
manner
to
allow
operators
and
excavators
to
perform
their
responsibilities
with
the
minimum
amount
of
interruptions.
b.
The
center
shall
establish
a
communication
system
to
facilitate
the
provision
of
notice
by
operators,
locators,
and
excavators.
Sec.
4.
Section
480.3,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
The
center
shall
provide
records
to
the
utilities
board
upon
request
as
a
part
of
an
investigation
on
behalf
of
the
attorney
general’s
office.
Sec.
5.
Section
480.4,
subsection
1,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
Except
as
otherwise
provided
in
this
section
,
prior
to
any
excavation,
an
excavator
shall
contact
the
notification
center
and
provide
notice
of
the
planned
excavation
occurring
after
a
forty-eight-hour
period
.
This
notice
must
be
given
at
least
forty-eight
hours
prior
to
the
commencement
of
the
excavation,
excluding
Saturdays,
Sundays,
and
legal
holidays.
Notices
received
after
5:00
p.m.
shall
be
processed
as
if
received
at
8:00
a.m.
the
next
business
day.
The
notice
shall
be
valid
for
twenty
twenty-five
calendar
days
from
the
date
beginning
on
the
day
the
notice
was
provided
to
the
notification
center
forty-eight-hour
period
concludes
.
If
all
locating
and
marking
of
underground
facilities
is
completed
prior
to
the
expiration
of
the
forty-eight-hour
period,
the
excavator
may
proceed
with
excavation
upon
being
notified
by
the
notification
center
that
the
locating
and
marking
of
all
underground
facilities
is
complete.
The
notification
center
shall
establish
a
toll-free
telephone
number
to
allow
excavators
to
provide
the
notice
required
pursuant
to
this
House
File
2581,
p.
3
subsection
.
Sec.
6.
Section
480.4,
subsection
3,
paragraph
a,
subparagraphs
(1),
(2),
and
(3),
Code
2024,
are
amended
to
read
as
follows:
(1)
An
operator
who
receives
notice
from
the
notification
center
shall
mark
the
horizontal
location
of
the
operator’s
underground
facility
and
the
excavator
shall
use
due
care
in
excavating
in
the
marked
area
to
avoid
damaging
the
underground
facility.
The
operator
shall
complete
such
locating
and
marking,
and
shall
notify
the
notification
center
that
the
marking
is
complete
within
forty-eight
hours
after
receiving
the
notice,
excluding
Saturdays,
Sundays,
and
legal
holidays,
the
forty-eight-hour
period
unless
otherwise
agreed
by
the
operator
and
the
excavator.
No
later
than
the
expiration
of
the
forty-eight-hour
period,
excluding
Saturdays,
Sundays,
and
legal
holidays,
the
notification
center
shall
notify
the
excavator
of
the
underground
facility
locating
and
marking
status,
or
the
failure
of
the
operator
to
notify
the
center
that
the
locating
and
marking
is
complete.
The
locating
and
marking
of
the
underground
facilities
shall
be
completed
at
no
cost
to
the
excavator.
If,
in
the
opinion
of
the
operator,
the
planned
excavation
requires
that
the
precise
location
of
the
underground
facilities
be
determined,
the
excavator,
unless
otherwise
agreed
upon
between
the
excavator
and
the
operator,
shall
hand
dig
test
holes
or
use
nondestructive
methods
to
determine
the
location
of
the
facilities
unless
the
operator
specifies
an
alternate
method.
(2)
(a)
The
marking
required
under
this
subsection
shall
be
done
in
a
manner
that
will
last
for
a
minimum
of
five
working
days
on
any
nonpermanent
surface,
or
a
minimum
of
ten
working
days
on
any
permanent
surface.
If
the
excavation
will
continue
for
any
period
longer
than
such
periods,
the
operator
shall
remark
the
location
of
the
underground
facility
upon
the
request
of
the
excavator.
The
request
shall
be
made
through
the
notification
center.
(b)
A
locator
shall
use
for
marking
a
flag
that
includes
the
name
of
the
operator
and
a
contact
phone
number.
(3)
Unless
otherwise
agreed
by
the
operator
and
excavator
in
writing,
no
excavation
shall
be
performed
within
twenty-five
House
File
2581,
p.
4
feet
of
an
underground
natural
gas
transmission
line
as
defined
in
49
C.F.R.
§192.3
pipeline
operating
at
one
hundred
fifty
pounds
per
square
inch
or
greater
and
that
is
equal
to
or
greater
than
two
inches
in
diameter
unless
a
representative
of
the
operator
of
the
underground
natural
gas
transmission
line
pipeline
is
present
at
the
planned
excavation
area.
This
requirement
shall
not
apply,
however,
when
a
representative
of
the
operator
fails
to
be
present
at
the
proposed
excavation
area
at
the
time
work
is
scheduled
to
commence
or
as
otherwise
agreed
by
the
operator
and
excavator
in
writing.
In
this
event,
the
excavator
shall
notify
the
operator
that
the
representative
failed
to
appear,
and
excavation
operations
can
begin,
provided
the
excavator
uses
due
care
to
avoid
damaging
the
underground
facilities.
Sec.
7.
Section
480.4,
subsection
3,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
An
operator
who
receives
notice
from
the
notification
center
and
who
determines
that
the
operator
does
not
have
any
underground
facility
located
within
the
proposed
area
of
excavation
shall
notify
the
notification
center
concerning
this
determination
within
forty-eight
hours
after
receiving
the
notice,
excluding
Saturdays,
Sundays,
and
legal
holidays
the
forty-eight-hour
period
.
No
later
than
the
expiration
of
the
forty-eight-hour
period,
excluding
Saturdays,
Sundays,
and
legal
holidays,
the
notification
center
shall
notify
the
excavator
that
the
operator
does
not
have
any
underground
facilities
within
the
proposed
area
of
excavation.
Sec.
8.
Section
480.6,
subsection
1,
Code
2024,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
c.
If
a
locator
violates
a
time
limit
set
forth
in
this
chapter
and
a
complaint
relating
to
the
violation
is
filed
with
the
utilities
board,
the
locator
is
subject
to
a
civil
penalty
in
an
amount
determined
by
the
attorney
general.
If
a
locator
employed
by
an
operator
violates
this
paragraph,
the
operator
employing
the
locator
shall
be
subject
to
a
civil
penalty
in
an
amount
determined
by
the
attorney
general,
which
shall
be
the
same
as
though
assessed
against
the
locator.
A
civil
penalty
imposed
by
the
attorney
general
under
this
paragraph
shall
not
exceed
one
hundred
dollars
for
each
House
File
2581,
p.
5
violation
for
each
day
the
violation
continues,
up
to
a
maximum
of
five
thousand
dollars.
Sec.
9.
Section
480.6,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
a.
The
attorney
general,
upon
the
receipt
of
a
complaint,
may
institute
any
legal
proceedings
necessary
to
enforce
the
penalty
provisions
of
this
chapter
.
b.
At
the
direction
of
the
attorney
general,
the
utilities
board
shall
investigate
a
violation
of
this
chapter.
Upon
completion
of
the
investigation,
the
utilities
board
shall
submit
to
the
attorney
general
a
written
summary
of
the
investigation
and
all
evidence
acquired
during
the
investigation,
except
as
set
forth
in
subsection
2,
paragraph
“c”
.
c.
The
utilities
board
may
independently
receive
and
investigate
complaints
alleging
a
violation
of
this
chapter
by
a
locator.
Sec.
10.
NEW
SECTION
.
480.11
Locator
enforcement
authority.
1.
A
locator
who
operates
in
this
state
shall
satisfy
all
of
the
following
requirements:
a.
Take
responsibility
for
completing
location
services
as
required
under
section
480.4.
b.
Correctly
notify
the
notification
center
that
a
location
service
could
not
be
completed
due
to
a
lack
of
response
by
the
excavator
and
include
in
the
notice
the
date,
time,
and
method
of
the
attempted
contact
with
the
excavator,
and
the
name
and
contact
information
of
any
representative
of
the
excavator.
2.
A
locator
operating
in
this
state
is
subject
to
enforcement
requirements
as
established
in
chapter
476.
Any
enforcement
action
taken
for
a
violation
of
this
chapter
by
a
locator
shall
be
taken
solely
against
the
locator
and
not
the
operator
except
as
provided
in
section
480.6,
subsection
1,
paragraph
“c”
.
3.
Any
enforcement
action
taken
against
a
locator
employed
by
an
operator
for
a
violation
of
this
chapter
shall
not
result
in
the
operator
being
subject
to
penalties
as
both
a
locator
and
an
operator.
Sec.
11.
UNDERGROUND
FACILITY
EXCAVATION
MEETING.
The
Iowa
utilities
board
shall
convene
interested
stakeholders
before
House
File
2581,
p.
6
December
31,
2024,
to
discuss
underground
facility
excavations,
including
subjects
relating
to
forecasting
and
future
projects,
and
operational
challenges.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2581,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor
