Dig Safe Work Group
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Public Laws, Chapter 588 (PDF), (formerly LD 1803) - "An Act to Implement the Recommendations of the Dig Safe Work Group"
Changes were adopted by 125th Legislature as recommended by the previous 2011 Dig Safe Work Group.
The enacted law, Chapter 588, included a provision which required the Public Advocate to convene a Dig Safe Work Group to examine, improve and enhance the underground facility damage prevention system even further.
In consultation with the Public Utilities Commission, the Dig Safe Work Group duties are to examine ways to facilitate the creation of a centralized one-call system to notify the operators of underground facilities of pending excavations. This examination must include, but is not limited to:
- Creating a new apportionment of the costs of membership in the damage prevention system so that members could pay a flat fee for each notification of pending excavation;
- Authorizing an operator who is not a member of the damage prevention system to be subject to administrative penalties for violations of Title 23, section 3360-A;
- Requiring an operator who is not a member of the damage prevention system to maintain insurance when an excavator is working on that operator's underground facilities;
- Identifying appropriate tolerance zones for marking different types of underground facilities;
- Developing a process for the commission to keep records of successful markings or excavations completed by members of the damage prevention system; and
- Evaluating the need for an ongoing advisory board to provide input to the commission regarding the damage prevention system. The work group shall consider staffing requirements, membership, funding and the scope of responsibility for the advisory board.
No later than January 15, 2013, the Public Utilities Commission and the Public Advocate shall jointly submit a report to the joint standing committee of the Legislature having jurisdiction over energy, utilities and technology matters that includes all findings and recommendations of the work group that are supported by at least 2/3 of the appointed members of the work group. The commission shall submit to the First Regular Session of the 126th Legislature by January 15, 2013 any legislation necessary to carry out the recommendations of the work group and provisionally adopted rules pursuant to Title 23, section 3360-A, subsection 13 necessary to carry out the recommendations of the work group.