Underground Facilities; Excav.

Requires the PUC to establish a one-call system to identify the
location of underground facilities.  Requires excavators to
notify the system prior to excavating.

THE SENATE                              S.B. NO.           2285
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 269, Hawaii Revised Statutes, is amended
 2 by adding a new section to be appropriately designated and to
 3 read as follows:
 4      "269-    One-call system.  (a)  The commission shall
 5 establish or authorize an independent entity to establish and
 6 maintain a one-call system to identify the location of
 7 underground facilities before January 1, 2001.  All owners of
 8 underground facilities shall subscribe to the service.
 9      (b)  Before commencing any excavation, an excavator shall
10 provide notice of the scheduled commencement of excavation to the
11 one-call system.  All underground facilities shall be identified
12 through the one-number locator service.  The notice shall be
13 communicated to the one-call system not less than two business
14 days or more than ten business days before the scheduled date for
15 commencement of excavation, unless otherwise agreed by the
16 parties.
17      Upon receipt of the notice provided for in this section, the
18 excavator shall obtain reasonably accurate information as to
19 locatable underground facilities by surface-marking the location

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                                     S.B. NO.           2285

 1 of the facilities.  Excavators shall have the right to receive
 2 compensation from the owner of the underground facility for costs
 3 incurred if the owner of the underground facility does not locate
 4 its facilities in accordance with this section.  The owner of the
 5 underground facility shall have the right to receive compensation
 6 for costs incurred in responding to excavation notices given less
 7 than two business days prior to the excavation from the
 8 excavator.
 9      Emergency excavation shall be exempt from the time
10 requirements for notification provided in this section.
11      If the excavator, while performing the contract, discovers
12 underground facilities that are not identified, the excavator
13 shall cease excavating in the vicinity of the facility and
14 immediately notify the one-number locator service.
15      (c)  Unless the context clearly requires otherwise, as used
16 in this section:
17      "Business day" means any day other than Saturday, Sunday, or
18 a legal state or federal holiday.
19      "Emergency" means any condition constituting a clear and
20 present danger to life or property, or a customer service outage.
21      "Excavation" means any operation in which earth, rock, or
22 other material on or below the ground is moved or otherwise
23 displaced by any means, except the tilling of soil less than

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                                     S.B. NO.           2285

 1 twelve inches in depth for agricultural purposes, or road and
 2 ditch maintenance that does not change the original road grade or
 3 ditch flowline.
 4      "Excavator" means any person who engages directly in
 5 excavation.
 6      "Marking" means the use of stakes, paint, or other clearly
 7 identifiable materials to show the field location of underground
 8 facilities, in accordance with the current color code standard of
 9 the American Public Works Association.  Markings shall include
10 identification letters indicating the specific type of the
11 underground facility.
12      "One-number locator service" means a service through which a
13 person can notify utilities and request field-marking of
14 underground facilities.
15      "Reasonably accurate" means location within twenty-four
16 inches of the outside dimensions of both sides of an underground
17 facility.
18      "Underground facility" means any item buried or placed below
19 ground for use in connection with the storage or conveyance of
20 water, sewage, electronic, telephonic or telegraphic
21 communications, cablevision, electric energy, petroleum products,
22 gas, gaseous vapors, hazardous liquids, or other substances and
23 including but not limited to pipes, sewers, conduits, cables,

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                                     S.B. NO.           2285

 1 valves, lines, wires, manholes, attachments, and those parts of
 2 poles or anchors below ground.
 3      (d)  The commission may adopt rules pursuant to chapter 91
 4 to implement this section."
 5      SECTION 2.  New statutory material is underscored.
 6      SECTION 3.  This Act shall take effect upon its approval.
 8                           INTRODUCED BY:  _______________________