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Introduced Senate Bill (S)

DIGEST

811 utility location program. Provides that an operator of underground facilities (operator) that violates Indiana law regarding marking of underground facilities located in the area of a proposed excavation or demolition is subject to a civil penalty of not more than $25,000 for each violation for each day the violation persists, not to exceed $1,000,000 for any related series of violations. Requires a person responsible for performing a proposed excavation or demolition (excavator) to provide notice of the excavation or demolition to Indiana 811: (1) at least two, but not more than 20, full working days before the proposed excavation 811 utility location program. Provides that an operator of underground facilities (operator) that violates Indiana law regarding marking of underground facilities located in the area of a proposed excavation or demolition is subject to a civil penalty of not more than $25,000 for each violation for each day the violation persists, not to exceed $1,000,000 for any related series of violations. Requires a person responsible for performing a proposed excavation or demolition (excavator) to provide notice of the excavation or demolition to Indiana 811: (1) at least two, but not more than 20, full working days before the proposed excavation or demolition if the proposed area of excavation or demolition is less than 2,000 linear feet; and (2) at least 10, but not more than 20, full working days before the proposed excavation or demolition if the proposed area of excavation or demolition is 2,000 linear feet or greater. Requires an excavator to provide separate notice, and a separate request for location of underground facilities, to Indiana 811 for each 2,000 linear feet of proposed excavation or demolition, regardless of whether the proposed excavation or demolition will take place in an incorporated area. Provides that notice provided to Indiana 811 of a proposed excavation or demolition: (1) expires 20 days after the notice is submitted if the proposed area of excavation or demolition is less than 2,000 linear feet; and (2) expires 90 days after the notice is submitted if the proposed area of excavation or demolition is 2,000 linear feet or greater, and may be renewed for additional 90 day periods. Requires an operator that receives notice of a proposed excavation or demolition of less than 2,000 linear feet to provide to the excavator, not later than 7:00 a.m. on the third working day after the operator receives the notice, location information regarding the operator's underground facilities located in the area of the proposed excavation or demolition. Provides that if Indiana 811 receives notice of a proposed excavation or demolition of 2,000 linear feet or more, Indiana 811 shall schedule a meeting between the excavator and any operator with underground facilities located in the area of the proposed excavation or demolition. Provides that at the meeting: (1) the excavator shall: (A) describe the scope of the proposed excavation or demolition; and (B) present a written proposed marking agreement; and (2) the excavator and the operators shall negotiate in good faith regarding the proposed marking agreement. Requires an operator that does not sign the marking agreement as presented or amended at the meeting to: (1) mark the operator's underground facilities not later than 48 hours before the scheduled commencement of the excavation or demolition; and (2) maintain the markers such that the markers remain reasonably visible until the completion of the excavation or demolition. Provides that an excavator or operator that does not negotiate in good faith regarding a proposed marking agreement is subject to: (1) a civil penalty of not more than $1,000; and (2) reimbursement of the marking expenses of each other operator that incurred expenses in marking the operator's underground facilities in the area of the excavation. ... View more