Georgia One-Call
Note: This material has been prepared for use in Utility Contractor and Utility Claims Employee Training. For Legal Interpretations to be used in actual case settings, please consult your attorney or check with the Bar Association in this state for an appropriate referral to a qualified attorney.
H. B. No. 1290 (AS PASSED HOUSE AND SENATE)
By: Representatives Wix of the 33rd, Hudson of the 156th,
Skipper of the 137th, Reichert of the 126th, Powell of the
23rd and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and facilities, so as to provide a short title; to define certain terms; to provide procedures for the protection of utility facilities from damage from excavating and blasting; to provide for the duties of persons engaged in excavating or blasting; to provide procedures for notifying facility owners and operators of proposed excavating or blasting in the vicinity of utility facilities; to provide for the operation of the utilities protection center; to provide for the membership of the utilities protection center; to provide for the duties of utility owners or operators receiving notice of excavating or blasting; to provide a standard system of marking underground utility facilities; to provide for a system of notifying persons engaged in excavating or blasting of the presence of utility facilities in the area subject to excavating or blasting; to provide for proper excavating procedures to be carried out in the vicinity of utility facilities; to provide for procedures to be followed during emergency excavating and blasting activities; to provide for the enforcement of this Act; to provide for the establishment of an advisory committee to assist in the enforcement of this Act; to provide for the membership, purposes, powers, and immunities of the advisory committee;
to provide for the liability of persons violating the provisions of this Act; to provide penalties for the violation of the provisions of this Act; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and facilities, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 9 to read as follows:
25-9-1.
This chapter shall be known and may be cited as the 'Georgia Utility Facility Protection Act.'
25-9-2.
The purpose of this chapter is to protect the public from physical harm, prevent injury to persons and property, and prevent interruptions of utility service resulting from damage to utility facilities caused by blasting or excavating operations by providing a method whereby the location of utility facilities will be made known to persons planning to engage in blasting or excavating operations so that such persons may observe proper precautions with respect to such utility facilities.
25-9-3.
As used in this chapter, the term:
(1) 'Abandoned utility facility' means a utility facility taken out of service by a facility owner or operator on or after January 1, 2001.
(2) 'Blasting' means any operation by which the level or grade of land is changed or by which earth, rock, buildings, structures, or other masses or materials are rended, torn, demolished, moved, or removed by the detonation of dynamite or any other explosive agent.
(3) 'Business days' means Monday through Friday, excluding the following holidays: New Year's Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day. Any such holiday that falls on a Saturday shall be observed
on the preceding Friday. Any such holiday that falls on a Sunday shall be observed on the following Monday.
(4) 'Business hours' means the time from 7:00 A.M. to 4:30 P.M. local time on business days.
(5) 'Commission' means the Public Service Commission.
(6) 'Corporation' means any corporation; municipal corporation; county; authority; joint-stock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing.
(7) 'Damage' means any impact or exposure that results in the need to repair a utility facility due to the weakening or the partial or complete destruction of the
facility including, but not limited to, the protective coating, lateral support, cathodic protection, or the housing for the line, device, or facility.
(8) 'Design locate request' means a communication to the utilities protection center in which a request for locating existing utility facilities for bidding, predesign, or advance planning purposes is made. A design locate request may not be used for excavation purposes.
(9) 'Emergency' means a sudden or unforeseen occurrence involving a clear and imminent danger to life, health, or property; the interruption of utility services; or
repairs to transportation facilities that require immediate action.
(10) 'Emergency notice' means a communication to the utilities protection center to alert the involved facility owners or operators of the need to excavate due to an emergency that requires immediate excavation.
(11) 'Excavating' means any operation by which the level or grade of land is changed or earth, rock, or other material below existing grade is moved and includes, without limitation, grading, trenching, digging, ditching, auguring, scraping, directional boring, and pile driving. Such term, however, does not
include routine road surface scraping maintenance.
'Excavating' shall not mean routine roadway maintenance activities carried out by employees of the Georgia Department of Transportation acting within the scope of their employment, provided such activities occur entirely within the right of way of a public road, street, or highway of the state; are carried out with reasonable care so as to protect any utility facilities placed in the right of way by permit; are carried out within the limits of any original excavation on the traveled way, shoulders, or rainage features of a public road, street, or highway, and does not exceed 18 inches in depth below the grade existing prior to such activities; and, if involving the replacement of existing structures, replace such structures in their previous locations and at their previous depth.
(12) 'Excavator' means any person engaged in excavating or blasting as defined in this Code section.
(13) 'Extraordinary circumstances' means circumstances other than normal operating conditions which exist and make it impractical or impossible for a facility owner or operator to comply with the provisions of this chapter. Such extraordinary circumstances may include, but shall not be limited to, hurricanes, tornadoes, floods, ice and snow, and acts of God.
(14) 'Facility owner or operator' means any person or entity who owns, operates, or controls the operation of a utility facility as defined in this Code section, for the purpose of commercial enterprise.
(15) 'Locate request' means a communication between an excavator and the utilities protection center in which a request for locating utility facilities is processed.
(16) 'Mechanized excavating equipment' means all equipment, which is powered by any motor, engine, or hydraulic or pneumatic device and which is used for excavating.
(17) 'Person' means an individual, firm, joint venture, partnership, association, municipality, state, or other governmental unit, authority, department, agency, or a corporation and shall include any trustee, receiver, assignee, employee, agent, or personal representative thereof.
(18) 'Service area' means a contiguous area or territory which encompasses the distribution system or network of utility facilities by means of which a facility owner or operator provides utility service.
(19) 'Ticket Information Exchange System' means the automated information system to be installed and operated by the utilities protection center that will allow the excavator to determine locate ticket status from information provided by the facility owner or operator.
(20) 'Tolerance zone' means the width of the utility facility plus 24 inches on either side of the outside edge of the utility facility on a horizontal plane.
(21) 'Utilities protection center' or 'center' means the corporation or other organization formed by facility owners or operators to provide a joint telephone number notification service for the purpose of receiving advance notification from persons planning to blast or excavate and distributing such notifications to its affected facility owner or operator members.
(22) 'Utility facility' means an underground or submerged conductor, pipe, or structure used in providing electric or communications service, or an underground or submerged pipe used in carrying, providing, or gathering gas, oil or oil products, sewage, waste water, storm drainage, water or other liquids, and appurtenances thereto. This does not include utility facilities owned by a homeowner
for service at the homeowner's residence.
25-9-3.
Reserved.
25-9-4.
(a) Any person may submit a design locate request to the utilities protection center. Such design locate request shall:
(1) Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed and promulgated by the utilities protection center, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and
(2) State the name, address, and telephone number of the person who has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection as provided in paragraph (3) of subsection (b) of this Code section.
(b) Within ten working days after a design locate request has been submitted to the utilities protection center for a proposed project, the facility owner or operator shall
respond by one of the following methods:
(1) Designate in accordance with Code Section 25-9-9 the location of all utility facilities within the area of the proposed excavation;
(2) Provide to the person submitting the design locate request the best available description of all utility facilities in the area of proposed excavation, which might include drawings of utility facilities already built in the area, or other facility records that are maintained by the facility owner or operator; or
(3) Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities within the proposed area of excavation.
25-9-5.
(a) All facility owners or operators operating or maintaining utility facilities within the state shall participate as members in and cooperate with the utilities protection center. No duplicative center shall be established. The activities of the center shall be funded by all utilities.
(b) The utilities protection center shall maintain a list of the name, address, and telephone number of the office, department, or other source from or through which information respecting the location of utility facilities of its participating facility owners or operators may be obtained during business hours on business days.
25-9-6.
(a) No person shall commence, perform, or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until the person planning the blasting or excavating has given 48 hours' notice by submitting a locate request to the utilities protection center, beginning the next business day after such notice is provided, excluding hours during days other than business days. Any locate request received by the utilities protection center after business hours shall be deemed to have been received by the utilities protection center the next business day. Such locate request shall:
(1) Describe the tract or parcel of land upon which the blasting or excavation is to take place with sufficient particularity, as defined by policies developed and promulgated by the utilities protection center, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved;
(2) State the name, address, and telephone number of the person who will engage in the blasting or excavating.
(3) Describe the type of blasting or excavating to be engaged in by the person; and
(4) Designate the date upon which the blasting or excavating will commence.
(b) In the event the location upon which the blasting or excavating is to take place cannot be described with sufficient particularity to enable the facility owner or operator to ascertain the precise tract or parcel involved, the person proposing the blasting or excavating shall mark the route or boundary of the site of the proposed blasting or excavating by means of white paint, white stakes, or white flags if practical, or schedule an on-site meeting with the locator or facility owner and inform the utility protection center, within a reasonable time, of the results of such meeting.
(c) Except as otherwise provided in this subsection, notice given pursuant to subsection (a) of this Code section shall expire 21 calendar days following the date of such notice, and no blasting or excavating undertaken pursuant to this notice shall continue after such time has expired. In the event that the blasting or excavating which is the subject of the notice given pursuant to subsection (a) of this Code section will not be completed within 21 calendar days following the date of such notice, an additional notice must be given in accordance with subsection (a) of this Code section for the locate request to remain valid.
(d) Except for those persons submitting design locate requests, no person, including facility owners or operators, shall request marking of a site through the utilities protection center unless excavating is scheduled to commence. In addition, no person shall make repeated requests for re-marking, unless the repeated request is required for excavating to continue or due to circumstances not reasonably within the control of such person. Any person who willfully fails to comply with this subsection shall be strictly liable to the facility owner or operator for three times the cost of marking the utility facility, not to exceed $1,000.00.
(e) If, subsequent to giving the notice to the utilities protection center required by subsection (a) of this Code section, a person planning excavating determines that such work will require blasting, then such person shall promptly so notify the utilities protection center and shall refrain from any blasting until the facility owner or operator responds within 24 hours, excluding hours during days other than business days, following receipt by the utilities protection center of such notice.
(f) When a locate request is made in accordance with subsection (a) of this Code section, excavators other than the person planning the blasting or excavating may conduct such activity, provided that the person planning the blasting or excavating shall remain responsible for ensuring that any stakes or other markings placed in accordance with this chapter remain in place and reasonably visible until such blasting or excavating is completed; and provided, further, that such blasting or excavating is:
(1) Performed on the tract or parcel of land identified in the locate request;
(2) Performed by a person authorized by and having a contractual relationship with the person planning the blasting or excavating;
(3) The type of blasting or excavating described in the locate request; and
(4) Carried out in accordance with all other requirements of this chapter.
25-9-7.
(a) Within 48 hours; beginning the next business day after the business day following receipt by the utilities protection center of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each facility owner or operator shall determine whether or not utility facilities are located on the tract or parcel of land upon which the excavating or blasting is to occur. If utility facilities are determined to be present, the facility owner or operator shall designate, through stakes or other marks on the surface of the tract or parcel of land the location of utility facilities. In the event of extraordinary circumstances, the facility owner or operator shall notify the utilities protection center as provided in subsection (c) of this Code section. Such designation of the location of utility facilities through staking or marking shall be in accordance with the American Public Works Association (APWA) color code in place at the time the location of the utility facility is designated.
(b) Each facility owner or operator, either upon determining that no utility facility is present on the tract or parcel of land or upon completion of the designation of the location of any utility facilities on the tract or parcel of land as required by subsection (a) of this Code section, shall provide this information to the utilities protection center in accordance with procedures developed by the utilities protection center,
and which may include the use of the Ticket Information Exchange System. In no event shall such notice be provided later than midnight of the second business day following receipt by the utilities protection center of actual notice filed in accordance with Code Section 25-9-6.
(c) In the event the facility owner or operator is unable to designate the location of the utility facilities due to extraordinary circumstances, the facility owner or operator shall notify the utilities protection center and provide an estimated completion date in accordance with procedures developed by the utilities protection center, which may include the use of the Ticket Information Exchange System.
(d) If, at the end of the time period specified in subsection (a) of this Code section, any facility owner or operator has not complied with the requirements of subsections (a) and (b) of this Code section, the utilities protection center shall issue a second request to each such facility owner or operator. If the facility owner or operator does not respond to this additional request by 12:00 Noon of that business day, either by notifying the utilities protection center in accordance with procedures developed by the utilities protection center that no utility facilities are present on the tract
or parcel of land, or by designating the location of such utility facilities, then the person providing notice pursuant to Code Section 25-9-6 may proceed with the excavating or blasting, provided there is no visible and obvious evidence of the presence of an unmarked utility facility on the tract or parcel of land. Such person shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating, provided such person complies with the requirements of Code Section 25-9-8.
(e) All utility facilities installed by facility owners or operators on or after January 1, 2001, shall be installed in a manner which will make them locatable using a generally accepted electronic locating method by facility owners or operators.
(f) Facility owners or operators shall either maintain in a data base information concerning the location and other characteristics of abandoned utility facilities, maintain such abandoned utility facilities in a locatable manner, or remove such abandoned utility facilities. Facility owners or operators shall provide information on abandoned utility facilities, when possible, in response to a locate request or design locate request. When the presence of an abandoned facility within an excavation site is known, the facility owner or operator should attempt to locate and mark the abandoned facility, or provide information to the excavator regarding such facilities. When located or exposed, all abandoned utility facilities shall be treated as live utility facilities.
25-9-8.
(a) Persons engaged in blasting or in excavating with mechanized excavating equipment shall not strike, damage, injure, or loosen any facility which has been staked or marked in accordance with this Chapter.
(b) When excavating or blasting is to take place within the tolerance zone, the excavator shall exercise such reasonable care as may be necessary for the protection of the utility facility. This protection shall include, but may not be limited to, hand digging, pot holing, soft digging, vacuum excavation methods, pneumatic hand tools, other mechanical methods with the approval of the facility owner or operator, or other generally accepted methods. For parallel type excavations, the existing facility shall be exposed at intervals as often as necessary to avoid damages.
(c) Any person engaged in blasting or in excavating with mechanized excavating equipment who strikes, damages, injures, or loosens any utility facility, regardless of
whether the utility facility is marked, shall immediately cease such blasting or excavating and notify the utilities protection center and the appropriate facility owner or operator, if known. Upon receiving notice from the excavator or the utilities protection center, the facility owner or operator shall send personnel to the location as soon as possible to effect temporary or permanent repair of the damages. Until such time as the damage has been repaired, no person shall engage in excavating or blasting activities that may cause further damage to the utility facility except as provided in Code Section 25-9-12.
25-9-9.
(a) For the purposes of this chapter, information concerning the location of utility facilities which is provided by a facility owner or operator to any person must be accurate to within 24 inches measured horizontally from the outer edge of either side of such utility facilities. If any utility facility becomes damaged by an excavator due to the furnishing of inaccurate information as to their location by the facility owner or operator, such excavator shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating provided such person complies with the requirements of Code Section 25-9-8 and there is no visible and obvious evidence to the excavator of the presence of a mismarked utility facility.
(b) Upon documented evidence that the person seeking information as to the location of utility facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying information by the facility owners or operators, the facility owners or operators shall be liable to that person for any such losses or expenses.
25-9-10.
This chapter does not affect and is not intended to affect any right, title, power, or interest which any facility owner or operator may have with relation to any utility facility or to any easement, right of way, license, permit, or other interest in or with respect to the land on which the utility facility is located.
25-9-11.
This chapter does not affect and is not intended to affect any rights, powers, interest, or liability of the state or the Department of Transportation with respect to the state highway system, the county road system, or the municipal street system, or of a county with respect to the county road system or of a municipality with respect to the city street system, with relation to any utility facility which is or may be installed within the limits of any public road or street right of way, whether the installation is by written or verbal permit, easement, or any form of agreement whatsoever.
25-9-12.
The notice requirements provided by Code Section 25-9-6 shall not be required of persons performing emergency excavations or excavation in extraordinary circumstances; provided, however, any person who engages in an emergency excavation or excavation in extraordinary circumstances shall take all reasonable precautions to avoid or minimize damage to any existing utility facilities; provided, further, any person who engages in an emergency excavation or excavation in extraordinary circumstances shall give notice of the emergency excavation as soon as practical to the utilities protection center. In giving such notice, such person must specifically identify the dangerous condition involved. If it is later determined by the
commission that the excavation did not qualify as an emergency excavation, all liabilities and penalties will accrue as if no notice had been given.
25-9-13.
Any person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting damages utility facilities shall be strictly liable for:
(1) Any cost incurred by the facility owner or operator in repairing or replacing its damaged facilities; and
(2) Any injury or damage to persons or property resulting from damaging the utility facilities.
(b) Any such person shall also indemnify the affected facility owner or operator against all claims, if any, for personal injury, property damage, or service interruptions resulting from damaging the utility facilities. Such obligation to indemnify shall not apply to any county, city, town, or state agency to the extent permitted by law.
(c) In addition to the other provisions of this Code section, a state examining board shall be authorized to suspend or revoke any professional or occupational license, certificate, or registration issued to a person pursuant to Title 43 whenever such person violates the requirements of Code Section 25-9-6 or 25-9-8.
(d) Subsections (a), (b), and (c) of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the facility owner or operator to which notice was given respecting such blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7 or has failed to become a member of the utilities protection center as required by Code Section 25-9-5.
(e) The commission shall enforce the provisions of this chapter. The commission may promulgate any rules and regulations necessary to implement the commission's authority to enforce this chapter.
(f)(1) The commission shall create an advisory committee consisting of representatives of the following groups and agencies: facility owner or operators; utilities protection center; excavators; municipalities; counties; Georgia Department of Transportation; Governor's Office of Consumer Affairs; and underground line locators. The advisory committee shall consist of one representative from each of the above groups and agencies, with the exception of facility owners or operators and excavators, which groups shall each have two representatives on the advisory committee. The commission chairperson or such chairperson's representative shall also serve on the advisory committee. Persons appointed to the advisory committee shall have expertise with the subject matter encompassed by the provisions of this chapter.
(2) The advisory committee shall assist the commission in the enforcement of this chapter, and shall perform duties to be assigned by the commission including, but not limited to, the review of reported violations of this chapter, and the preparation of recommendations to the commission as to the appropriate penalties to impose on persons violating the provisions of this chapter.
(3) The members of the advisory committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in the performance
of their duties while serving as members of such advisory committee, but only in the absence of willful misconduct.
(g) The commission may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, impose a civil penalty not exceeding $10,000.00 for each violation, if it is proved that the person violated any of the provisions of this chapter, as a result of a failure to exercise reasonable care. Any proceeding or civil penalty undertaken pursuant to this Code section shall not prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action. Except as otherwise provided by law, this subsection shall not authorize the commission to impose civil penalties on any county, city, town, or state agency. The commission shall inform the counties, cities, towns, or state agencies of reports of alleged violations involving the county, city, town, or state agency and, at the request of the county, city, town, or state agency, suggest corrective action. The fine provided for in this subsection shall not be imposed on a person engaged in farming activities on land such person owns or leases.
(h) All civil penalties collected pursuant to this Code section shall be deposited in the general fund of the state treasury."
SECTION 2.
This Act shall become effective on July 1, 2000.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
