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HB 120 (BR 889) - G. Graham
AN ACT relating to underground facility damage prevention.
Amend KRS 367.4903 to clarify various definitions and remove the term "mechanized equipment"; amend KRS 367.4909 to require operators of underground facilities to notify a requesting party if he or she has no facilities in the proposed work area to be marked, or if extraordinary circumstances make the operator unable to mark his facilities within 2 business days as required; change the marking color code to conform to the American Public Works Association color code; amend KRS 367.4911 to limit the size of each work site for which an excavator requests marking to a length of 2000 feet in most circumstances; require each excavator to notify the protection notification center separately and to give all relevant information, including the notification ID, to the workers on the site; require an excavator to notify the protection notification center if, after marking, the excavator finds evidence of an unmarked facility, and to wait up to 4 hours for the operator to identify and mark the facility before proceeding; require the excavator to use extra precautions when excavating close to a marked facility, and to request remarking every 21 days on an ongoing project, or if the plan changes or markers no longer are visible; amend KRS 367.4913 to require the protection notification center to issue the excavator an ID number for each excavation or demolition location; amend KRS 367.4915 to delete several exemptions to the notification and marking requirements; amend KRS 367.4917 to set criminal penalties for not complying with selected provisions of KRS 367.4905 to 367.4913, in lieu of civil penalties to be recovered by action of the Attorney General.
HB 120 - AMENDMENTS
HCA (1, G. Graham) - Exempts utility operators or their subcontractors from notification requirements; in the event of underground facility damage, eliminates required notification of public safety agencies, except in limited circumstances; restores existing exemption for an operator excavating on its own easement; reduces fine for first time offenders from five hundred ($500) to two hundred fifty ($250); makes technical corrections.
HFA (1, G. Graham) - Exempts utility operators or their subcontractors from notification requirements; in the event of underground facility damage, eliminates required notification of public safety agencies, except in limited circumstances; restores existing exemption for an operator excavating on its own easement; adds civil unrest to the situations which excuse an operator's inability to comply with this act, eliminates the requirement that excavators suspend work for 4 hours after finding unmarked underground facilities, exempts excavators on private property using non-mechanized tools from notification requirements, reduces fine for first time offenders from $500 to no more than $250; increased fine for second offense only if within one year, makes technical corrections.
SCA (1, B. Guthrie) - Include railroad maintenance or repairs in the list of activities exempted from notice requirements.
(Prefiled by the sponsor(s))
Jan 4-introduced in House; to Tourism Development and Energy (H)
Jan 27-posted in committee
Feb 3-reported favorably, 1st reading, to Calendar with committee amendment (1)
Feb 4-2nd reading, to Rules
Feb 9-posted for passage in the Regular Orders of the Day for Thursday, February 10, 2000
Feb 15-floor amendment (1) filed
Feb 22-3rd reading, passed 95-0 with floor amendment (1)
Feb 23-received in Senate
Feb 25-to Agriculture and Natural Resources (S)
Mar 9-reported favorably, 1st reading, to Consent Calendar with committee amendment (1)
Mar 10-2nd reading, to Rules
Mar 14-posted for passage in the Consent Orders of the Day for Thursday, March 16, 2000
Mar 16-3rd reading, passed 36-0 with committee amendment (1) ; received in House; posted for passage for concurrence in Senate committee amendment (1)
Mar 21-House concurred in Senate committee amendment (1) ; passed 90-0
Mar 23-enrolled, signed by each presiding officer, delivered to Governor
Mar 29-signed by Governor (Acts ch. 222)
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