Georgia HB 1372: Georgia Utility Facility Protection Act; revise provisions and short title

Bill Text

22 LC 36 5145
H. B. 1372
- 1 -
House Bill 1372
By: Representatives Smith of the 133
rd, Parsons of the 44
th, Burns of the 159
th, and Frazier
of the 126
th
A BILL TO BE ENTITLED
AN ACT
To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and1
safety, so as to revise the provisions and short title of Chapter 9, the "Georgia Utility Facility2
Protection Act"; to enhance the processes for locate requests and to require that 9-1-1 be3
contacted if an excavator damages a gas or hazardous liquid pipeline; to change and provide4
for certain definitions; to provide for certain procedures in extraordinary circumstances; to5
provide limitations on the recovery of costs of damages; to establish a statute of limitations6
on enforcement; to amend Code Section 46-3-34, relating to utilities protection center,7
funding of activities, notice of work delay, and responsibility for completing safety8
requirements, so as to correct a cross-reference; to provide for an effective date; to repeal9
conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is13
amended by revising Chapter 9, relating to blasting or excavating near certain facilities, as14
follows:15

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"CHAPTER 916
25-9-1.17
This chapter shall be known and may be cited as the 'Georgia Utility Underground Facility18
Protection Act.'19
25-9-2.20
The purpose of this chapter is to protect the public from physical harm, prevent injury to21
persons and property, and prevent interruptions of utility service resulting from damage to22
utility underground facilities and sewer laterals caused by blasting or excavating operations23
by providing a method whereby the location of utility underground facilities and sewer24
laterals will be made known to persons planning to engage in blasting or excavating25
operations so that such persons may observe proper precautions with respect to such utility26
underground facilities and sewer laterals.27
25-9-3.28
As used in this chapter, the term:29
(1) 'Abandoned utility underground facility' means a utility an underground facility taken30
out of service by a facility owner or operator on or after January 1, 2001.31
(2) 'Appropriate notice' means a notice period that:32
(A) Is associated with an effective date;33
(B) Begins at 7:00 A.M. on the first business day following receipt by the UPC of a34
locate request submitted in compliance with Code Section 25-9-6; and35
(C) Ends at 7:00 A.M. on the business day immediately following a period of time that36
is not:37
(i) Less than two business days; or38
(ii) More than eight business days.39

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(3) 'Betterments' means any upgrading of the underground facility being repaired made40
solely for the benefit of and at the election of the facility owner or operator and not41
attributable to the damage.42
(2)(4) 'Blasting' means any operation by which the level or grade of land is changed or43
by which earth, rock, buildings, structures, or other masses or materials are rended, torn,44
demolished, moved, or removed by the detonation of dynamite or any other explosive45
agent.46
(3)(5) 'Business days' means Monday through Friday, excluding the following holidays:47
New Year's Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence48
Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, and49
Christmas Day. Any such holiday that falls on a Saturday shall be observed on the50
preceding Friday. Any such holiday that falls on a Sunday shall be observed on the51
following Monday. If Christmas Eve falls on a Friday, it shall be observed on the52
preceding Thursday. If Christmas Eve falls on a Sunday, it shall be observed on the53
following Tuesday.54
(4)(6) 'Business hours' means the time from 7:00 A.M. to 4:30 P.M. local time on55
business days.56
(5)(7) 'Commission' means the Public Service Commission.57
(6)(8) 'Corporation' means any corporation; municipal corporation; county; authority;58
joint-stock company; partnership; association; business trust; cooperative; organized59
group of persons, whether incorporated or not; or receiver or receivers or trustee or60
trustees of any of the foregoing.61
(7)(9) 'Damage' means any impact or exposure that results in the need to repair a utility62
an underground facility or sewer lateral due to the weakening or the partial or complete63
destruction of the facility or sewer lateral including, but not limited to, the protective64
coating, lateral support, cathodic protection, or the housing for the line, device, sewer65
lateral, or facility.66

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(8)(10) 'Design locate request' means a communication to the utilities protection center67
UPC in which a request for locating existing utility underground facilities for bidding,68
predesign, or advance planning purposes is