Relating to required timing for notices regarding underground facility excavations and enforcement of excavation provisions, and including penalties

This bill relates to required timing for notices regarding underground facility excavations. The bill requires the statewide notification center (center) for underground facilities to include two members engaged in the business of land excavating on the board of directors. The center is required to provide the Iowa utilities board with requested records when the Iowa utilities board is investigating on behalf of the attorney general’s office. The bill modifies the requirement for an excavator or an operator to provide notice to the notification center prior to a planned excavation, after locating and marking the area for excavation, or when no underground facility is located in the proposed area. The bill defines a “locator” as a person who engages in locating and marking underground facilities under contract with but not employed by an operator. A notice for a planned excavation initiates a 48-hour period and other required notices must occur within the 48-hour period. the next business day after the notification center receives a notice and excludes Saturdays, Sundays, and legal holidays. the following day. The bill provides that notice shall be valid for calendar days after the conclusion of the 48-hour period or on the excavation date selected by the excavator. Current law provides that notice is valid for calendar days from the date the notice was provided to the notification center. Current law provides that an excavation shall not be performed within feet of an underground natural gas transmission line, as federally defined, without an agreement in writing by the operator and excavator. The bill refines the prohibition by limiting excavation performed within feet of an underground natural gas line operating at 150 pounds per square inch or greater and that is two inches in diameter without a written agreement. The bill provides penalties for locator violations including a warning letter or a civil penalty not to exceed $100 for each violation up to $5,000. The Iowa utilities board shall investigate violations of Code chapter 480 at the direction of the attorney general. The Iowa utilities board may independently investigate complaints alleging violations by a locator. The bill provides requirements for a locator contracted for location services.