Bill Text: IA HF2581 | 2023-2024 | 90th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
House
File
2581
-
Introduced
HOUSE
FILE
2581
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
HSB
538)
A
BILL
FOR
An
Act
relating
to
required
timing
for
notices
regarding
1
underground
facility
excavations
and
enforcement
of
2
excavation
provisions,
and
including
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
480.1,
Code
2024,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
5A.
“Forty-eight-hour
period”
means
a
3
period
of
forty-eight
consecutive
hours
beginning
at
6:00
a.m.
4
the
next
business
day
from
the
day
the
notification
center
5
receives
a
notice
and
excludes
Saturdays,
Sundays,
and
legal
6
holidays.
7
NEW
SUBSECTION
.
5B.
“Locator”
means
a
person
proposing
to
8
engage
or
engaging
in
the
location
and
marking
of
underground
9
facilities
under
contract
with
an
operator.
“Locator”
does
not
10
include
a
person
employed
by
an
operator.
11
Sec.
2.
Section
480.3,
subsection
1,
paragraph
a,
12
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
13
(1)
The
center
shall
be
governed
by
a
board
of
directors
,
14
which
shall
represent
and
be
elected
by
operators,
excavators,
15
and
other
persons
who
participate
in
the
center.
The
board
16
shall
include
two
members
engaged
in
the
business
of
land
17
excavating.
The
board,
with
input
from
all
interested
parties,
18
shall
determine
the
operating
procedures
and
technology
needed
19
for
a
single
statewide
notification
center
and
establish
a
20
notification
process.
21
Sec.
3.
Section
480.3,
Code
2024,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
4.
The
center
shall
provide
records
to
the
24
utilities
board
upon
request
as
a
part
of
an
investigation
on
25
behalf
of
the
attorney
general’s
office.
26
Sec.
4.
Section
480.4,
subsection
1,
paragraph
a,
Code
2024,
27
is
amended
to
read
as
follows:
28
a.
Except
as
otherwise
provided
in
this
section
,
prior
to
29
any
excavation,
an
excavator
shall
contact
the
notification
30
center
and
provide
notice
of
the
planned
excavation
occurring
31
after
a
forty-eight-hour
period
.
This
notice
must
be
given
32
at
least
forty-eight
hours
prior
to
the
commencement
of
the
33
excavation,
excluding
Saturdays,
Sundays,
and
legal
holidays.
34
Notices
received
after
5:00
p.m.
shall
be
processed
as
if
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received
at
8:00
a.m.
the
next
business
day.
The
notice
shall
1
be
valid
for
twenty
calendar
days
from
the
date
beginning
on
2
the
day
the
notice
was
provided
to
the
notification
center
3
forty-eight-hour
period
concludes,
unless
an
excavator,
at
the
4
time
of
providing
notice
to
the
notification
center,
agrees
5
to
extend
the
commencement
date
of
the
planned
excavation
6
beyond
the
forty-eight-hour
period,
in
which
case
the
7
twenty-calendar-day
period
shall
begin
on
the
day
the
excavator
8
selected
as
the
commencement
date
of
the
planned
excavation
.
9
If
all
locating
and
marking
of
underground
facilities
is
10
completed
prior
to
the
expiration
of
the
forty-eight-hour
11
period,
the
excavator
may
proceed
with
excavation
upon
being
12
notified
by
the
notification
center
that
the
locating
and
13
marking
of
all
underground
facilities
is
complete.
The
14
notification
center
shall
establish
a
toll-free
telephone
15
number
to
allow
excavators
to
provide
the
notice
required
16
pursuant
to
this
subsection
.
17
Sec.
5.
Section
480.4,
subsection
3,
paragraph
a,
18
subparagraphs
(1)
and
(3),
Code
2024,
are
amended
to
read
as
19
follows:
20
(1)
An
operator
who
receives
notice
from
the
notification
21
center
shall
mark
the
horizontal
location
of
the
operator’s
22
underground
facility
and
the
excavator
shall
use
due
care
in
23
excavating
in
the
marked
area
to
avoid
damaging
the
underground
24
facility.
The
operator
shall
complete
such
locating
and
25
marking,
and
shall
notify
the
notification
center
that
the
26
marking
is
complete
within
forty-eight
hours
after
receiving
27
the
notice,
excluding
Saturdays,
Sundays,
and
legal
holidays,
28
the
forty-eight-hour
period
unless
otherwise
agreed
by
the
29
operator
and
the
excavator.
No
later
than
the
expiration
of
30
the
forty-eight-hour
period,
excluding
Saturdays,
Sundays,
31
and
legal
holidays,
the
notification
center
shall
notify
the
32
excavator
of
the
underground
facility
locating
and
marking
33
status,
or
the
failure
of
the
operator
to
notify
the
center
34
that
the
locating
and
marking
is
complete.
The
locating
and
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marking
of
the
underground
facilities
shall
be
completed
at
no
1
cost
to
the
excavator.
If,
in
the
opinion
of
the
operator,
the
2
planned
excavation
requires
that
the
precise
location
of
the
3
underground
facilities
be
determined,
the
excavator,
unless
4
otherwise
agreed
upon
between
the
excavator
and
the
operator,
5
shall
hand
dig
test
holes
to
determine
the
location
of
the
6
facilities
unless
the
operator
specifies
an
alternate
method.
7
(3)
Unless
otherwise
agreed
by
the
operator
and
excavator
in
8
writing,
no
excavation
shall
be
performed
within
twenty-five
9
feet
of
an
underground
natural
gas
transmission
line
as
defined
10
in
49
C.F.R.
§192.3
An
excavation
shall
not
be
performed
11
within
twenty-five
feet
of
an
underground
natural
gas
line
12
operating
at
one
hundred
fifty
pounds
per
square
inch
or
13
greater
and
that
is
equal
to
or
greater
than
two
inches
in
14
diameter
without
a
written
agreement
between
the
operator
and
15
the
excavator
unless
a
representative
of
the
operator
of
the
16
underground
natural
gas
transmission
line
is
present
at
the
17
planned
excavation
area.
This
requirement
shall
not
apply,
18
however,
when
a
representative
of
the
operator
fails
to
be
19
present
at
the
proposed
excavation
area
at
the
time
work
is
20
scheduled
to
commence
or
as
otherwise
agreed
by
the
operator
21
and
excavator
in
writing.
In
this
event,
the
excavator
shall
22
notify
the
operator
that
the
representative
failed
to
appear,
23
and
excavation
operations
can
begin,
provided
the
excavator
24
uses
due
care
to
avoid
damaging
the
underground
facilities.
25
Sec.
6.
Section
480.4,
subsection
3,
paragraph
b,
Code
2024,
26
is
amended
to
read
as
follows:
27
b.
An
operator
who
receives
notice
from
the
notification
28
center
and
who
determines
that
the
operator
does
not
have
29
any
underground
facility
located
within
the
proposed
area
of
30
excavation
shall
notify
the
notification
center
concerning
31
this
determination
within
forty-eight
hours
after
receiving
32
the
notice,
excluding
Saturdays,
Sundays,
and
legal
holidays
33
the
forty-eight-hour
period
.
No
later
than
the
expiration
of
34
the
forty-eight-hour
period,
excluding
Saturdays,
Sundays,
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and
legal
holidays,
the
notification
center
shall
notify
the
1
excavator
that
the
operator
does
not
have
any
underground
2
facilities
within
the
proposed
area
of
excavation.
3
Sec.
7.
Section
480.6,
subsection
1,
Code
2024,
is
amended
4
by
adding
the
following
new
paragraph:
5
NEW
PARAGRAPH
.
c.
If
a
locator
violates
a
time
limit
set
6
forth
in
this
chapter
or
any
rule
established
by
the
utilities
7
board
and
a
complaint
relating
to
the
violation
is
filed
with
8
the
utilities
board,
the
locator
is
subject
to
a
civil
penalty
9
in
an
amount
determined
by
the
utilities
board.
A
locator
10
may
receive
a
warning
letter
from
the
office
of
the
attorney
11
general
in
lieu
of
a
penalty
for
the
violation.
A
civil
12
penalty
imposed
by
the
utilities
board
under
this
paragraph
13
shall
not
exceed
one
hundred
dollars
for
each
violation
for
14
each
day
the
violation
continues,
up
to
a
maximum
of
five
15
thousand
dollars.
16
Sec.
8.
Section
480.6,
subsection
2,
Code
2024,
is
amended
17
to
read
as
follows:
18
2.
a.
The
attorney
general,
upon
the
receipt
of
a
19
complaint,
may
institute
any
legal
proceedings
necessary
to
20
enforce
the
penalty
provisions
of
this
chapter
.
21
b.
At
the
direction
of
the
attorney
general,
the
utilities
22
board
shall
investigate
a
violation
of
this
chapter.
Upon
23
completion
of
the
investigation,
the
utilities
board
24
shall
submit
to
the
attorney
general
a
written
summary
of
25
the
investigation
and
all
evidence
acquired
during
the
26
investigation,
except
as
set
forth
in
subsection
2,
paragraph
27
“c”
.
28
c.
The
utilities
board
may
independently
receive,
29
investigate,
and
enforce
complaints
alleging
a
violation
of
30
this
chapter
by
a
locator.
31
Sec.
9.
NEW
SECTION
.
480.11
Locator
enforcement
authority.
32
1.
A
locator
who
operates
in
this
state
and
engages
in
33
location
services
under
a
contract
with
an
operator
shall
34
satisfy
all
of
the
following
requirements:
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a.
Take
responsibility
for
completing
location
services
as
1
required
under
section
480.4.
2
b.
Correctly
notify
the
notification
center
that
a
location
3
service
could
not
be
completed
due
to
a
lack
of
response
by
the
4
excavator
and
include
in
the
notice
the
date,
time,
and
method
5
of
the
attempted
contact
with
the
excavator,
and
the
name
and
6
contact
information
of
any
representative
of
the
excavator.
7
2.
A
locator
operating
in
this
state
is
subject
to
8
enforcement
requirements
as
established
in
chapter
476.
Any
9
enforcement
action
taken
for
a
violation
of
this
chapter
by
a
10
locator
shall
be
taken
solely
against
the
locator
and
not
the
11
operator.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
required
timing
for
notices
regarding
16
underground
facility
excavations.
17
The
bill
requires
the
statewide
notification
center
(center)
18
for
underground
facilities
to
include
two
members
engaged
in
19
the
business
of
land
excavating
on
the
board
of
directors.
20
The
center
is
required
to
provide
the
Iowa
utilities
board
21
with
requested
records
when
the
Iowa
utilities
board
is
22
investigating
on
behalf
of
the
attorney
general’s
office.
23
The
bill
modifies
the
requirement
for
an
excavator
or
an
24
operator
to
provide
notice
to
the
notification
center
prior
25
to
a
planned
excavation,
after
locating
and
marking
the
area
26
for
excavation,
or
when
no
underground
facility
is
located
in
27
the
proposed
area.
The
bill
defines
a
“locator”
as
a
person
28
who
engages
in
locating
and
marking
underground
facilities
29
under
contract
with
but
not
employed
by
an
operator.
A
30
notice
for
a
planned
excavation
initiates
a
48-hour
period
and
31
other
required
notices
must
occur
within
the
48-hour
period.
32
A
“forty-eight-hour
period”
is
defined
in
the
bill
as
48
33
consecutive
hours
beginning
at
6:00
a.m.
the
next
business
day
34
after
the
notification
center
receives
a
notice
and
excludes
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Saturdays,
Sundays,
and
legal
holidays.
The
bill
strikes
1
language
relating
to
the
treatment
of
notices
received
by
the
2
notification
center
after
5:00
p.m.
being
processed
as
if
3
received
at
8:00
a.m.
the
following
day.
4
The
bill
provides
that
notice
shall
be
valid
for
20
calendar
5
days
after
the
conclusion
of
the
48-hour
period
or
on
the
6
excavation
date
selected
by
the
excavator.
Current
law
7
provides
that
notice
is
valid
for
20
calendar
days
from
the
8
date
the
notice
was
provided
to
the
notification
center.
9
Current
law
provides
that
an
excavation
shall
not
be
10
performed
within
25
feet
of
an
underground
natural
gas
11
transmission
line,
as
federally
defined,
without
an
agreement
12
in
writing
by
the
operator
and
excavator.
The
bill
refines
the
13
prohibition
by
limiting
excavation
performed
within
25
feet
14
of
an
underground
natural
gas
line
operating
at
150
pounds
15
per
square
inch
or
greater
and
that
is
two
inches
in
diameter
16
without
a
written
agreement.
17
The
bill
provides
penalties
for
locator
violations
including
18
a
warning
letter
or
a
civil
penalty
not
to
exceed
$100
for
19
each
violation
up
to
$5,000.
The
Iowa
utilities
board
shall
20
investigate
violations
of
Code
chapter
480
at
the
direction
21
of
the
attorney
general.
The
Iowa
utilities
board
may
22
independently
investigate
complaints
alleging
violations
23
by
a
locator.
The
bill
provides
requirements
for
a
locator
24
contracted
for
location
services.
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