House Bill 303

Actions | Amendments
Last Action 03/23/21: signed by Governor (Acts Ch. 80)
Title AN ACT relating to underground facility protection.
Bill Documents Current/Final
Introduced
Fiscal Impact Statement Local Mandate
Bill Request Number 822
Sponsors S. Santoro, T. Bojanowski, K. Bratcher, J. Dixon, P. Flannery, R. Heath, C. Massey, R. Palumbo
Summary of Original Version Amend KRS 367.4903 to redefine "operator," "Kentucky Contact Center," "approximate location," and "working day"; define "person," "positive response," "unique identification number" or "locate request number," "locator," "second notice," "tolerance zone," "untonable facility," and "work site contact"; amend KRS 367.4909 to require a positive response from operators of underground facilities; establish the timing of operator responses; amend KRS 367.4911 to provide excavator start dates, to include entities engaged in exempt activities to notify operators immediately upon discovery of damage to an underground facility, and to provide when mechanized equipment can be used in the tolerance zone; amend KRS 367.4913 to require contact centers to maintain certain locate request information for five years and to change the composition of the Kentucky Contact Center board of directors; amend KRS 369.4915 to require entities engaging in exempt activities to cease activity and notify an operator when an underground facility is damaged and to exempt certain noninvasive inspection and maintenance excavating for an existing utility pole; amend KRS 367.4917 to impose penalties on the employer if the violation is committed in the scope of employment and to provide that the Public Service Commission shall establish a written agreement form to deviate from the locate request dates provided for in the Underground Facility Damage Prevention Act of 1994; EFFECTIVE January 1, 2022.
Index Headings of Original Version County Clerks - Underground Facility Damage Prevention Act of 1994, operator contact list
Effective Dates, Delayed - Underground Facility Damage Prevention Act of 1994, amending of, effective January 1, 2022
Energy - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Environment and Conservation - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Hazardous Materials - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Local Government - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Oil and Natural Gas - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Utilities - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Safety - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Sewer Systems - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Water Supply - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Information Technology - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Safety - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Telecommunications - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Technology - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Protection - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Local Mandate - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Jump to Proposed Amendments House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
House Floor Amendment 5
Senate Floor Amendment 1
Senate Floor Amendment 2
Votes Vote History

Actions

Top | Amendments
02/02/21
  • introduced in House
  • to Committee on Committees (H)
02/04/21
  • to Natural Resources & Energy (H)
02/09/21
  • posted in committee
02/11/21
  • reported favorably, 1st reading, to Calendar
02/22/21
  • 2nd reading, to Rules
  • floor amendments (1), (2), (3) and (4) filed
02/23/21
  • posted for passage in the Regular Orders of the Day for Wednesday, February 24, 2021
02/24/21
  • floor amendment (5) filed
02/25/21
  • 3rd reading, passed 94-0 with floor amendments (2) and (5)
02/26/21
  • received in Senate
  • to Committee on Committees (S)
03/01/21
  • to Natural Resources & Energy (S)
03/03/21
  • reported favorably, 1st reading, to Calendar
03/04/21
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Friday, March 5, 2021
  • floor amendment (1) filed
03/05/21
  • passed over and retained in the Orders of the Day
03/11/21
  • floor amendment (2) filed
  • passed over and retained in the Orders of the Day
03/12/21
  • 3rd reading, passed 35-0 with floor amendments (1) and (2)
  • bill reconsidered
  • floor amendment (1) withdrawn
  • passed 31-0 with floor amendment (2)
  • received in House
  • to Rules (H)
03/15/21
  • taken from Rules
  • posted for passage for concurrence in Senate floor amendment (2)
  • House concurred in Senate floor amendment (2)
  • passed 92-0
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
03/23/21
  • signed by Governor (Acts Ch. 80)

Proposed Amendments

Top | Actions
Amendment House Floor Amendment 1
Sponsor J. Petrie
Summary Amend the definition of "approximate location" to remove reference to unmapped and untonable facilities; delete the definition of "untonable facility"; amend the operator's response time for a normal locate request from two working days to three working days; amend the operator's response time for a large locate request from two to three days to notify the excavator through positive response that the excavation has been determined to be a large project.
Index Headings Information Technology - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Safety - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Telecommunications - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Technology - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Protection - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Energy - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Environment and Conservation - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Hazardous Materials - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Local Government - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Local Mandate - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Oil and Natural Gas - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Utilities - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Safety - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Sewer Systems - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Water Supply - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties

Amendment House Floor Amendment 2
Sponsor J. Petrie
Summary Add a definition for "fiber-to-the-premises"; add a fiber-to-the-premises broadband deployment excavation locate request that requires underground facility operators to respond to within four working days.
Index Headings Energy - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Environment and Conservation - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Hazardous Materials - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Local Government - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Local Mandate - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Oil and Natural Gas - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Utilities - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Safety - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Sewer Systems - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Water Supply - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Information Technology - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Safety - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Telecommunications - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Technology - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Protection - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties

Amendment House Floor Amendment 3
Sponsor J. Petrie
Summary Replace the definition of "approximate location" in reference to an underground facility.
Index Headings Energy - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Environment and Conservation - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Hazardous Materials - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Oil and Natural Gas - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Utilities - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Safety - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Sewer Systems - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Water Supply - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Telecommunications - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties

Amendment House Floor Amendment 4
Sponsor J. Petrie
Summary Amend "approximate location" to mean a distance not to exceed the combined width of the underground facility plus 24 inches measured from the outer edge of each side of the underground facility; delete the definition of "untonable facility"; amend the operator's response time for a normal locate request from two working days to three working days; amend the operator's response time for a large locate request from two to three days to notify the excavator through positive response that the excavation has been determined to be a large project.
Index Headings County Clerks - Underground Facility Damage Prevention Act of 1994, operator contact list
Effective Dates, Delayed - Underground Facility Damage Prevention Act of 1994, amending of, effective January 1, 2022
Energy - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Environment and Conservation - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Hazardous Materials - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Local Government - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Local Mandate - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Oil and Natural Gas - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Utilities - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Safety - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Sewer Systems - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Water Supply - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Information Technology - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Safety - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Telecommunications - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Technology - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Protection - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties

Amendment House Floor Amendment 5
Sponsor S. Santoro
Summary Amend to provide that an entity or individual otherwise exempt from the requirements of KRS 367.4901 to 367.4917 under Section 5 of this Act, who conducts an excavation that results in the escape or suspected escape of any flammable, toxic, or corrosive gas or liquid shall cease excavation and notify affected operators.
Index Headings Energy - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Environment and Conservation - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Hazardous Materials - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Local Government - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Oil and Natural Gas - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Utilities - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Safety - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Sewer Systems - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Water Supply - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Information Technology - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Safety - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Telecommunications - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Technology - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Protection - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties

Amendment Senate Floor Amendment 1
Sponsor P. Hornback
Summary Delete new language requiring otherwise exempt entities under KRS 367.4915 to cease excavation and notify operators of damage to underground facilities that results in the escape of any flammable, toxic, or corrosive gas or liquid.
Index Headings Effective Dates, Delayed - Underground Facility Damage Prevention Act of 1994, amending of, effective January 1, 2022
Energy - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Environment and Conservation - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Hazardous Materials - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Local Government - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Oil and Natural Gas - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Utilities - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Safety - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Sewer Systems - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Water Supply - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Information Technology - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Safety - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Telecommunications - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Technology - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Protection - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties

Amendment Senate Floor Amendment 2
Sponsor P. Hornback
Summary Delete new language requiring an excavator responsible for damage to an underground facility to notify all affected operators immediately upon discovery of the damage; delete new language requiring otherwise exempt entities under KRS 367.4915 to cease excavation and notify operators of damage to underground facilities that results in the escape of any flammable, toxic, or corrosive gas or liquid; delete new language referencing the reporting of a suspected escape of any flammable, toxic, or corrosive gas or liquid caused by damage to an underground facility; delete Section 5 in its entirety, which would remove the exemption for nonintrusive excavating to inspect or perform maintenance for an existing utility pole; renumber subsequent sections accordingly; make conforming changes.
Index Headings Energy - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Environment and Conservation - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Hazardous Materials - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Notices - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Oil and Natural Gas - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Utilities - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Safety - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Sewer Systems - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Water Supply - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Safety - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Telecommunications - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties
Public Protection - Underground Facility Damage Prevention Act of 1994, amending of, operator and excavator duties

Last updated: 4/11/2021 12:15 AM (EDT)
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