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Impacts of Senate Bill 9 and House Bill 476 Background on 2012-2013 Legislative Working Group What impact did the passage of Senate Bill 9 have on stakeholder.

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Presentation on theme: "Impacts of Senate Bill 9 and House Bill 476 Background on 2012-2013 Legislative Working Group What impact did the passage of Senate Bill 9 have on stakeholder."— Presentation transcript:

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2 Impacts of Senate Bill 9 and House Bill 476

3 Background on 2012-2013 Legislative Working Group What impact did the passage of Senate Bill 9 have on stakeholder responsibilities? How the revised Underground Utility Safety and Damage Prevention Act affects stakeholders Mandatory Requirements Exemptions Enforcement

4 Representative Mike Hager sponsored the Bill Began meeting in August of 2012 Working group included a primary and secondary from Gas Distribution, Gas Transmission, Power, Communications, Contract Locator, Excavator, Municipal, NCDOT and the Electric Cooperatives Group used SC law as a starting place for language Met face to face every few weeks in Raleigh Expanded group to include Surveyors in 2013 Introduced March 28, 2013…and then…

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6 Senate Bill 9 was introduced January 30, 2013 Bill is an amendment to the existing Ch. 556 Addresses Survey/Design tickets and obligates a response from owner/operators Although the requirements of SB 9 were essentially part of HB 476, the sponsor determined that the provision was needed more immediately and therefore refused to withdraw the bill. Senate Bill 9…

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8 Went into effect July 15 th 2013. (c) Each utility owner or designated representative or association, other than a small water or wastewater utility owner, notified of an intent to survey under subsection (a) of this section shall, before the proposed start of the survey, unless another period is agreed to by the surveyor and the utility owner or designated representative or association provide at least one of the following to the surveyor to the extent the information is reflected by records in the possession of and reasonably available to the utility owner: (1) The location and description of all of the underground utilities within the area to be surveyed. (2) The best available description of all underground utilities in the area of the proposed survey, which may include drawings marked with a scale, dimensions, and reference points for underground utilities already built in the area or other facility records that are maintained by the utility owner. (3) Allowing the surveyor or any other authorized person to inspect the drawings or other records for all underground utilities within the area to be surveyed at a location that is acceptable to both parties.

9 Surveyors can request design tickets Owners must either locate, provide best available drawings or allow access to the drawings on site. NC 811 created new positive response codes to accommodate the design tickets. Code 90 will mean "SURVEY DESIGN REQUEST Facility Has been Marked in the Field" Code 92 will mean "SURVEY DESIGN REQUEST No Facilities in the Area" Code 94 will mean "SURVEY DESIGN REQUEST Facility Records Provided" Code 98 will mean "SURVEY DESIGN REQUEST Access to Facility Records Provided."

10 No major increase in requests at this time Larger sized locates being requested

11 New response requirements Subaqueous (underwater) locates Larger tolerance zone – 15 feet either side (§87-117 (22)) Still must respond within 3 full days through positive response that subaqueous facilities exist. (§87-121 (d)) 10 full days to meet complete response requirements (§87-121 (b)(2)) Positive response will include a subaqueous code

12 New ticket type requirements Short Notice Ticket(§87-122 (c)(6)) If excavator waits the full three days and has received no response, they may call in a short notice ticket Members have 3 hours to respond

13 New ticket type requirements Survey Design Ticket (§87-127) 10 full business days for a response by members Members must respond with one of the three methods: Marks on the ground (designation) Provision of facility maps (best available) Access provided to the facility maps

14 Tickets no larger than ¼ mile or 5 contiguous addresses (no greater than ¼ mile). (§87-122 (b)(5)) Extraordinary Circumstances Declared If a member declares extraordinary circumstances they must indicate the date and time that a ticket will receive a response (§87-121 (e)) Declared through the notification center Notification center will alert the excavator if the conditions exist for a member Excavator must wait to proceed until the time provided by the member (§87-122 (c)(2))

15 (3) full business day response (§87-122 (a)) (not a practical change as the full day will start the day following the request) Tolerance zone – 24 inches (§87-122 (c)(10)) Mandatory training for locators and professional excavators (§87-123 (d)) Pre-Marking (White lining) included If an excavator cannot adequately describe the area in which the work is to take place, the area must be designated in white paint, flags or stakes. (§ 87-122 (c)(1))

16 Membership in Notification Center (§87-120 (b)) Large operators must comply before October 1, 2014 Defined as greater than 50,000 customers or owners of 1,000 miles or greater of facility. Medium operators must comply before October 1, 2015 Defined as greater than 25,000 customers or owners of 500 miles or greater of facility All other owners must comply before October 1, 2016 All NCDOT engineering divisions must be members before October 1, 2016 (bringing them online now)

17 Positive Response All members are required to provide a positive response to the notification center (§87-121 (c)) Excavators are required to check the positive response before proceeding with their work (§87-122 (c)(2)) This can be done via web site, through the app or will be provided at the end of three business days if an email is provided by the excavator

18 Excavators Required to Notify Before They Dig (§87- 122 (a)) Exceptions will be covered in the exemptions section Reporting of Damages (§87-126 (a)) Must still notify the facility owner when a damage occurs Must also notify the notification center

19 Excavation or demolition performed by the owner of a single family residential property on his or her own land that does not encroach on any operators right-of way, easement or permitted use. (§87-124 (1)) Use of non mechanized equipment on same property is exempted even if that land encroaches. (§87-124 (2)) Tilling of soil for agricultural purposes (§87-124 (3)) Agricultural excavation (using mechanized tools) that does NOT encroach on operators right-of-way, easement or permitted use.(§86-124 (4))

20 Excavation or demolition performed by the DOT, a local government, special purpose district or public service district for the purpose of maintenance activities within the right-of-way. (§87-124 (6)) Activities exempted include resurfacing, milling, emergency replacement of signs critical for maintaining safety, or reshaping of shoulders and ditches to original road profile. (§87-124 (6)) Activities NOT exempted include initial installation of traffic signs, traffic control equipment, or guardrails. (§87-124 (6))

21 Excavation or demolition performed by a railroad entirely on land which the railroad owns or operates or, in the event of an emergency, on adjacent land. (§87-124 (7)) None of the facilities owned or operated by the railroad are included in the provisions of the Act therefore they are exempted from membership of these facilities. (§87-124 (7)) Excavation for purpose of graves, installation of a monument or memorial at a grave space or placement of a temporary structure or tent by a cemetery that does NOT encroach on any operators right-of way, easement, or permitted use. (§87-124 (8))

22 Gravity fed sanitary sewers and storm water facilities are exempt from locating (§87-121 (j)) HOWEVER All future installation of these facilities must be made locatable (§87-121 (g)) and Neither the excavator nor the person financially responsible for the excavation shall be held liable for any damage to an unmarked gravity fed sanitary sewer or unmarked water facility if the person doing the excavation exercises due care to protect existing facilities when there is evidence of the existence of those facilities near the proposed excavation site. (§87-121 (j))

23 Complaint driven – any portion of the Article Complaints received through a web portal housed at the notification center Notification center provides notice to alleged violator within 10 days (§87-120 (e)) Complaints reviewed by a Board of 15 people appointed by the Governor (§87-129)

24 North Carolina DOT Facility Contract Locator Notification Center Electric Public Utility Telecommunications Industry Natural Gas Utility Hazardous Liquid Transmission Pipeline Company League of Municipalities Highway Contractor who does not own facilities Public Utilities Contractor who does not own facilities Surveyor Rural Water System Investor Owned Water System Electric Membership Cooperative Cable Company

25 Board meets minimum quarterly (§87-129 (b)) Board can recommend training and education, a fine of $1000 plus training or a fine of $2500 plus training depending on the severity per incident when a party is found to be in violation (§87-129 (1)(2)(3)) All monies received go to state education per NC Constitution Board passes recommendations to Utilities Commission (§87-129 (b)) Appeal may be made through an arbitration process (§87-129 (c))

26 Locate Requests Total Tickets = 829.068 5.4% increase vs. 2012 Transmissions Transmissions = 3,956,892 5.6 % increase vs. 2012

27 Month Homeowners & Residents Contractor Municipality, Utility, & Public GovernmentOtherTotals Jan3,61166,39016,9324691,21688,618 Feb4,20565,61414,8474941,32886,488 Mar6,61174,96316,0914631,43599,563 Apr10,25981,55317,3726751,567111,426 May8,68583,19517,7556111,756112,002 Jun6,66376,49816,1646411,437101,403 Jul7,22887,75518,7987121,756116,249 Aug6,70485,04419,1606961,715113,319 Sep Oct Nov Dec Total53,966621,012137,1194,76112,210829,068 % Total6.51%74.90%16.54%0.57%1.47%100.00%

28 Surveys for 01/01/2013 through 08/31/2013 from 250847 new tickets CategoryPercentCount Contractor or Locator19.00%10516 Just knew to call18.80%10403 Friend/Neighbor/Word of Mouth/Just knew to call17.32%9582 Utility Company13.19%7300 Website6.61%3656 Phonebook4.56%2524 Billboard3.27%1811 Word of Mouth3.01%1667 TV2.16%1198 Town Planning Department/Utility Commission/City Hall2.08%1150 Friend1.81%1000 Pedestal/Utility Box1.56%863 Municipality1.41%781 Bumper stickers/Pamphlet1.14%631 Base Property0.85%469 Manual came w/Installation for fence/Lowes0.83%457 Neighbor0.79%439 Radio0.44%246 Fuel Tanks0.42%234 Lease Agreement HOA/Realtor0.35%196 Newspaper0.17%96 Magazine0.12%64 Race Car0.10%56 Total100%55339

29 Monthly Volume Statistics Month Total Tickets In-House Tickets RTE Tkts RTE % Volume Jan88,61839,00149,61755.99% Feb86,48836,80549,68357.44% Mar99,56342,70856,85557.10% Apr111,42651,25460,17254.00% May112,00250,05161,95155.31% Jun101,40343,16958,23457.43% Jul116,24948,31267,93758.44% Aug113,31948,22765,09257.44% Sep Oct Nov Dec YTD829,068359,527469,54156.63%

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