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SB 490

SB 490. Amendments to the Kansas Underground Utility Damage Prevention Act Effective January 1, 2003. SB 490. The term “excavation” is modified to exclude tilling the soil for normal agriculture purposes.

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SB 490

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  1. SB 490 Amendments to the Kansas Underground Utility Damage Prevention Act Effective January 1, 2003

  2. SB 490 • The term “excavation” is modified to exclude tilling the soil for normal agriculture purposes. • The term “facility” is modified to clarify that items being excluded from the definition are those which are not located on platted land or inside the corporate limits of any city. • The term “marking” is modified to include flags and clarify that the marking is done with materials to show the field location of underground facilities in accordance with rules and regulations of the KCC.

  3. SB 490 • New definitions are established for the terms • “locatable facility” • “production petroleum lead line” • “platted land” • “update” • “whitelining” • “working day”

  4. “locatable facility” • Means facilities for which the tolerance zone can be determined by the operator using generally accepted practices such as as-built construction drawings, system maps, probes, locator devices or any other type of proven technology for locating.

  5. “production petroleum lead line” • Means an underground facility used for production, gathering or processing on the lease or unit, or for delivery of hydrocarbon gas and/or liquids to an associated tank battery, separator or sales facility. Production petroleum lead lines shall include underground lines associated with lease fuel and saltwater disposal and injection.

  6. “platted land” • Means a tract or parcel of land which has been subdivided into lots of less than five acres for the purpose of building developments, including housing developments, and for which a surveyor’s plat has been filed of record in the office of the register of deeds in the county where the land is located.

  7. “update” • Means an additional request from the excavator to extend the time period of the request for intent to excavate beyond the 15 calendar day duration of the request.

  8. “whitelining” • Means the act of marking by the excavator the route or boundary of the proposed excavation site with white paint, white stakes or white flags.

  9. “working day” • Means every day Monday through Friday beginning at 12:01 a.m., except for the following officially recognized holidays: New Year’s day, Memorial day, Independence day, Labor day, Thanksgiving day, the day after Thanksgiving and Christmas.

  10. SB 490 • Except in the case of an emergency, an excavator will be required to serve notice of intent of excavation at least 2 full working days, but not more than 15 calendar days before the scheduled excavation start date. • The notice of intent to excavate or any subsequent updates will be valid for 15 calendar days after the excavation start date and the notice will only describe an area in which the proposed excavation reasonably can be completed within the 15 calendar days.

  11. SB 490 • NOTE: The day the call is placed to request locates does not count when counting two full working days. • Example: • Call made Tuesday at 10:30 A.M. • Locate due Thursday at midnight, two full working days later.

  12. SB 490 • No person can make repeated requests for remarking unless the request is due to circumstances not reasonably within the person’s control. • Requires that the notice of intent of excavation contain the location of the excavation and eliminates the conditional requirement of location within the boundaries of a city or the specific ¼ section if outside the boundaries of a city.

  13. SB 490 • Requires that the person filing the notice of intent to excavate will whiteline the proposed excavation site when the excavation location cannot be described with sufficient detail to enable the operator to ascertain the location of the proposed excavation. • This will occur when requested by the operator. • Clarifies that the notification center will provide prompt notice to each affected member of a proposed excavation.

  14. SB 490 • Allows for communications to the notification center by communications methods other than the toll free number, if approved by the notification center. • Requires that an operator, beginning on the later of the 1st working day after the excavator has filed notice of intent to excavate, or the 1st day after the excavator has whitelined the excavation site, inform the excavator of the tolerance zone of the underground facilities.

  15. SB 490 • If the operator has no underground facilities in the area of the proposed excavation, the operator, before the excavation starting date, will be required to notify the excavator of the fact that there are no facilities. • Provides that for economic damages in any civil court, failure of an operator to inform the excavator within 2 working days of the tolerance zone will not give rise to a cause of action on the part of the excavator against an operator, except nothing in the act will be construed to hold any operator harmless from liability in those cases of inaccurate marking of the tolerance zone, gross negligence, or willful and wanton conduct.

  16. SB 490 • Any person claiming that an operator has failed to inform the excavator within 2 working days of the tolerance zone of the underground facilities can file a complaint with the KCC requesting enforcement of the provisions of the act within one year of the violation. • Requires that all facilities installed by an operator after January 1, 2003, be locatable.

  17. SB 490 • Provides that in emergency conditions, an operator will make a reasonable effort to locate its facility within 2 hours of receiving notification or before excavation is scheduled to begin, whichever is later. • Provides for penalties for any person misrepresenting an emergency excavation. • Excavators using trenchless excavation techniques will meet minimum operating guidelines as prescribed in rules and regulations developed and adopted by the KCC.

  18. SB 490 • Clarifies existing law by requiring excavators who do have contact with or damage a facility to take actions as may be necessary to protect persons and property and to minimize hazards until arrival of the operator’s personnel or emergency responders. • The provision of the act dealing with the rebuttable presumption of negligence on the part of any person who violates the act will be made applicable to all operators and not just to those who participate in the notification center. • The effective date of the bill is January 1, 2003.

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