Bill Text: IA HSB538 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to required timing for notices regarding underground facility excavations.(See HF 2581.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-19 - Committee report approving bill, renumbered as HF 2581. [HSB538 Detail]
Download: Iowa-2023-HSB538-Introduced.html
House
Study
Bill
538
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
LUNDGREN)
A
BILL
FOR
An
Act
relating
to
required
timing
for
notices
regarding
1
underground
facility
excavations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5443YC
(1)
90
lh/js
H.F.
_____
Section
1.
Section
480.1,
Code
2024,
is
amended
by
adding
1
the
following
new
subsection:
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
Sec.
2.
Section
480.4,
subsection
1,
paragraph
a,
Code
2024,
8
is
amended
to
read
as
follows:
9
a.
Except
as
otherwise
provided
in
this
section
,
prior
to
10
any
excavation,
an
excavator
shall
contact
the
notification
11
center
and
provide
notice
of
the
planned
excavation
occurring
12
after
a
forty-eight-hour
period
.
This
notice
must
be
given
13
at
least
forty-eight
hours
prior
to
the
commencement
of
the
14
excavation,
excluding
Saturdays,
Sundays,
and
legal
holidays.
15
Notices
received
after
5:00
p.m.
shall
be
processed
as
if
16
received
at
8:00
a.m.
the
next
business
day.
The
notice
shall
17
be
valid
for
twenty
calendar
days
from
the
date
beginning
on
18
the
day
the
notice
was
provided
to
the
notification
center
19
forty-eight-hour
period
concludes
.
If
all
locating
and
marking
20
of
underground
facilities
is
completed
prior
to
the
expiration
21
of
the
forty-eight-hour
period,
the
excavator
may
proceed
with
22
excavation
upon
being
notified
by
the
notification
center
that
23
the
locating
and
marking
of
all
underground
facilities
is
24
complete.
The
notification
center
shall
establish
a
toll-free
25
telephone
number
to
allow
excavators
to
provide
the
notice
26
required
pursuant
to
this
subsection
.
27
Sec.
3.
Section
480.4,
subsection
3,
paragraph
a,
28
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
29
(1)
An
operator
who
receives
notice
from
the
notification
30
center
shall
mark
the
horizontal
location
of
the
operator’s
31
underground
facility
and
the
excavator
shall
use
due
care
in
32
excavating
in
the
marked
area
to
avoid
damaging
the
underground
33
facility.
The
operator
shall
complete
such
locating
and
34
marking,
and
shall
notify
the
notification
center
that
the
35
-1-
LSB
5443YC
(1)
90
lh/js
1/
3
H.F.
_____
marking
is
complete
within
forty-eight
hours
after
receiving
1
the
notice,
excluding
Saturdays,
Sundays,
and
legal
holidays,
2
the
forty-eight-hour
period
unless
otherwise
agreed
by
the
3
operator
and
the
excavator.
No
later
than
the
expiration
of
4
the
forty-eight-hour
period,
excluding
Saturdays,
Sundays,
5
and
legal
holidays,
the
notification
center
shall
notify
the
6
excavator
of
the
underground
facility
locating
and
marking
7
status,
or
the
failure
of
the
operator
to
notify
the
center
8
that
the
locating
and
marking
is
complete.
The
locating
and
9
marking
of
the
underground
facilities
shall
be
completed
at
no
10
cost
to
the
excavator.
If,
in
the
opinion
of
the
operator,
the
11
planned
excavation
requires
that
the
precise
location
of
the
12
underground
facilities
be
determined,
the
excavator,
unless
13
otherwise
agreed
upon
between
the
excavator
and
the
operator,
14
shall
hand
dig
test
holes
to
determine
the
location
of
the
15
facilities
unless
the
operator
specifies
an
alternate
method.
16
Sec.
4.
Section
480.4,
subsection
3,
paragraph
b,
Code
2024,
17
is
amended
to
read
as
follows:
18
b.
An
operator
who
receives
notice
from
the
notification
19
center
and
who
determines
that
the
operator
does
not
have
20
any
underground
facility
located
within
the
proposed
area
of
21
excavation
shall
notify
the
notification
center
concerning
22
this
determination
within
forty-eight
hours
after
receiving
23
the
notice,
excluding
Saturdays,
Sundays,
and
legal
holidays
24
the
forty-eight-hour
period
.
No
later
than
the
expiration
of
25
the
forty-eight-hour
period,
excluding
Saturdays,
Sundays,
26
and
legal
holidays,
the
notification
center
shall
notify
the
27
excavator
that
the
operator
does
not
have
any
underground
28
facilities
within
the
proposed
area
of
excavation.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
required
timing
for
notices
regarding
33
underground
facility
excavations.
34
The
bill
modifies
the
requirement
for
an
excavator
or
an
35
-2-
LSB
5443YC
(1)
90
lh/js
2/
3
H.F.
_____
operator
to
provide
notice
to
the
notification
center
prior
to
1
a
planned
excavation,
after
locating
and
marking
the
area
for
2
excavation,
or
when
no
underground
facility
is
located
in
the
3
proposed
area.
A
notice
for
a
planned
excavation
initiates
a
4
48-hour
period
and
other
required
notices
must
occur
within
the
5
48-hour
period.
A
“forty-eight-hour
period”
is
defined
in
the
6
bill
as
48
consecutive
hours
beginning
at
6:00
a.m.
the
next
7
business
day
after
the
notification
center
receives
a
notice
8
and
excludes
Saturdays,
Sundays,
and
legal
holidays.
The
bill
9
strikes
language
relating
to
the
treatment
of
notices
received
10
by
the
notification
center
after
5:00
p.m.
being
processed
as
11
if
received
at
8:00
a.m.
the
following
day.
12
The
bill
provides
that
notice
shall
be
valid
for
20
calendar
13
days
after
the
conclusion
of
the
48-hour
period.
Current
law
14
provides
that
notice
is
valid
for
20
calendar
days
from
the
15
date
the
notice
was
provided
to
the
notification
center.
16
-3-
LSB
5443YC
(1)
90
lh/js
3/
3
