House of Representatives
State of Utah
Mr. Speaker:
The Public Utilities and Technology Committee reports a favorable recommendation on
H.B. 341, DAMAGE TO UNDERGROUND UTILITY FACILITIES AMENDMENTS, by
Representative D. Clark, with the following amendments:
Respectfully,
Michael E. Noel
Voting: 10-1-0
1. Page
1, Line 21
:
21
2. Page
3, Lines 64 through 65
:
64
[(2)] (3) "Emergency" means an occurrence
65
or mitigate loss of, or damage to, life, health, property, or essential public services.
3. Page
5, Lines 140 through 145
:
140
(b) The requirements of Subsection (1)(a) do not apply:
141
(i) if there is an emergency;
142
(ii) while gardening;
[
}
or
{
]
}
143
(iii) while tilling private ground
[
}
.
{
]
}
{
; or
144
(iv) while probing with an industry-approved probe bar to determine the
presence or
145
extent of a natural gas leak in the ground.
}
4. Page
6, Line 155
:
155
(i) location
5. Page
7, Line 204
:
204
(ii) notify the excavator, by telephonic
6. Page
9, Line 266
:
266
(b) An operator may waive
7. Page
10, Lines 286 through 289
:
286
(b) An excavator is [not] liable for damage
to an underground
facility
}
incurred by an operator
if [an operator
287
has failed to comply with Section
54-8a-5
or
54-8a-9
.]:
288
(i) the operator complies with Section
54-8a-5
; and
289
(ii) the damage occurs within 24 inches of the operator's markings.
8. Page
10, Lines 290 through 291
:
290
(3) Notwithstanding Subsection
54-8a-4
(1)(b)(i), an excavator is liable for
damage to
291
an underground facility that occurs during an emergency.
}
9. Page
10, Lines 297 through 298
:
297
(b) immediately call 911 if the excavation
results
}
may result
in
{
the
escape of a flammable gas or
298
toxic or corrosive gas or liquid, or damages an electrical line
}
10. Page
11, Lines 311 through 321
:
311
(3) Notwithstanding Subsection (2)(a) a penalty under this chapter may not be
312
imposed
:
313
(a)
}
on an excavator
314
an underground facility
; or
315
(b) on an operator unless:
316
(i) (A) the operator fails to respond to a location request under Section
54-8a-5
in order
317
to prevent damage to the facility; or
318
(B) the operator fails to take reasonable steps, in response to a location request,
to
319
ensure accurate marking of the facility in order to prevent damage to the facility;
and
320
(ii) damage occurs to an underground facility as a result of the operator's
failure under
321
Subsection (3)(b)(i)(A) or (B)
}
.
Committee Chair
3 HB0341.HC1.wpd 2/8/08 10:08 am jcannon/RCN CRP/RCN
Bill Number
*HB0341*
HB0341