SSB 1188

This bill relates to the location and marking of underground facilities and provides penalties. on the day the operator receives the request. The bill defines “locator” as a person who engages in the location and marking of underground facilities pursuant to a contract with an operator. Additionally, the bill provides that “locator” does not include an employee of an operator. _____ notification center to mark the location of the operator’s underground facility, and notify the notification center that the marking is complete, within a forty-eight-hour period. Additionally, the bill requires the operator to complete any remarking, and requires the notification center to notify the excavator of the operator’s completion of the remarking, within a forty-eight-hour period. The bill requires an operator who receives notice from the notification center and who determines that the operator does not have any underground facility located within the proposed area of excavation to notify the notification center within a forty-eight-hour period. The bill provides that if a locator violates a time limit in Code chapter 480, or any standard established by the utilities board, the locator shall be subject to a civil penalty in an amount not to exceed $100 for each violation for each day the violation continues, up to a maximum of $5,000. The bill requires the board to establish, by rule, a schedule or range of civil penalties that it may assess. The bill authorizes the attorney general to direct complaints to the utilities board for investigation. The bill provides that, after investigating a complaint, the board shall provide the attorney general with a written summary of the investigation and evidence the board acquired during the investigation.11 pursuant to rules adopted by the board. Additionally, the bill authorizes the board to provide the attorney general with a written summary of the investigation and evidence the board acquired during the investigation. The bill prohibits a locator from engaging in the location or marking of underground facilities on behalf of an operator without first receiving a locator certificate from the board. _____ following: a procedure for obtaining a locator certificate, an application for a locator certificate, performance standards applicable to locators, a schedule or range of civil penalties that the board may assess for violations, and a procedure for the suspension or revocation of a locator certificate. The bill provides requirements for the application for a locator certificate. The bill prohibits a locator who has received a certificate from the board from entering into a contract with an operator that provides incentive payments to the locator based on the number of location and marking services performed or from paying an employee or independent contractor based on the number of location and marking services performed by an employee or independent contractor. Additionally, the bill prohibits a locator who has received a certificate from the board from notifying the notification center that the locator’s services could not be completed as a result of a failure to contact the excavator unless the locator includes in the notification information related to the attempted contact.11.11.