The 2006 PIPES ACT provided PHMSA the authority “to enforce excavation damage laws in those states that have inadequate enforcement.” In order to do so, PHMSA is expected to publish the final rule known as the “Pipeline Safety: Enforcement of State Excavation Damage Laws” in August 2014. State legislators have been busy updating and rewriting Damage Prevention and One-Call laws this legislative session. Many updates and rewrites strengthen penalties and enforcement, clarify excavation definitions, remove or limit exemptions, and require new facilities to be locatable. States from coast to coast have passed legislation that update part or all of their Damage Prevention and One-Call Laws. Several states passed legislation earlier in the 2013-2014 sessions while others are conducting studies on various ways to improve damage prevention and utility communication. Georgia, Iowa, and Rhode Island passed updates which become effective July 1, 2014.

Georgia SB117: Amends Chapter 9 of Title 25 of the Official Code of Georgia Annotated (O.C.G.A.), relating to blasting or excavating near utility facilities. These changes revise in add definitions including providing clarification on the locate request process and marking.

Iowa HF2408: A bill modifying notification requirements applicable to underground facility excavations where underground facilities are present including requiring operators to update ticket status information in Iowa’s States Electronic Positive Response System (EPRS).

Rhode Island HB7714/SB2450: This legislation requires excavators to provide additional specific information regarding any excavation location to the Public Utilities Commission and also includes updated provisions for violations.

Is there uncertainty as to whether your Damage Prevention Procedures meet your state’s new requirements? RCP can answer your questions regarding state legislative changes regarding One-Call and Damage Prevention. Click here to request more information on how RCP can help.