§ 40:1749.14 — Regional notification center

Louisiana § 40:1749.14

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1749.14. Regional notification center
A. Each operator of an underground utility or facility, including all state agencies and
political subdivisions of the state, shall become a member of, participate in, and share the
cost of a regional notification center, except as provided for in R.S. 40:1749.19. Each
regional notification center shall have the capability to receive emergency locate requests
twenty-four hours a day and to disseminate the information as soon as it is received to the
appropriate operators and all affected regional notification centers in this state.
B. A regional notification center receiving a notice of intent to excavate shall notify
all member operators having underground utilities or facilities in or near the site of the
proposed excavation, except for the operator who provided the notice of intent and requested
not to receive such notification. All member operators shall furnish the regional notification
center with current emergency contact or notification information, including twenty-four
hour telephone numbers.
C.(1) Each operator of an underground facility or utility, after having received the
notification request from the regional notification center of an intent to excavate or an intent
to conduct normal commercial farming operations, shall supply, prior to the proposed
excavation or normal commercial farming operation, the following information to the person
responsible for the excavation or normal commercial farming operation:
(a) The specific location and type of all of its underground utilities or facilities which
may be damaged as a result of the excavation or demolition. If the surface over the buried
or submerged line is to be removed, supplemental offset markings may be used. Offset
markings shall be on a uniform alignment and shall clearly indicate that the actual facility
is a specific distance away.
(b)(i) Unless otherwise required by federal or state statutes, the specific location and
type of underground utility or facility may, at the operator's option, be marked to locate the
utilities or facilities. If the utilities or facilities are visibly marked by the operator, they shall
be marked by the operator by color coded paint, flags, or stakes or similar means using the
American Public Works Association color code.
(ii) The location of underground fiber optic cables shall be identified in accordance
with the provisions of this Subparagraph and such identification shall also include an added
special marking that is uniquely associated with fiber optic cables.
(iii) When the utility or facility operator has marked the location of underground
facilities or utilities, the marking shall be deemed good as long as visible, but not longer than
twenty calendar days, including weekends and holidays, from the mark-by time, unless the
notice was designated as a large project excavation or demolition and a written agreement
has been reached between the operator and the excavator or demolisher. However, if the
proposed excavation or demolition activity could impact a pipeline located on or in water,
the commissioner may extend the time period allowed for completion of the excavation or
demolition. An additional notice to the regional notification center shall be given by the
excavator or demolisher in accordance with the provisions of this Part when the marks are
no longer visible or if the excavation or demolition cannot be completed within twenty
calendar days from the mark-by time for routine excavation or demolition or ninety calendar
days for large project excavation or demolition.
(iv) The excavator shall use all reasonable and prudent means, within common
industry practice, to protect and preserve all marks of the underground utility or facility.
(v) In the case whereby a forestry excavator, agricultural excavator, or marine
excavator has requested that the utilities and facilities be marked for location, the operator
of a utility or facility shall mark the area of their utilities or facilities. The markings provided
by the operator shall be deemed good as long as the markings are visible or up to thirty
calendar days from the time that the markings were made, whichever is shorter.
(2) If the operator does not visibly mark the location of these utilities or facilities,
the operator shall provide information to enable an excavator using reasonable and prudent
means to determine the approximate location of the utility or facility. The information
provided by the operator shall include a contact person and a specific telephone number for
the excavators to call. After the operator has received the notification request, the
information on location, size, and type of underground utility or facility must be provided by
the operator to the excavator prior to excavation.
(3) In the event of inclement weather as defined in this Part, the mark-by time shall
be extended by a duration equal to the duration of the inclement weather. The owner or
operator shall notify the excavator or demolisher before the expiration of the mark-by time
of the need for such extension.
(4) Should an underground utility or facility operator determine that its underground
facilities are not in conflict with the location of the request or determine that its underground
facilities are not fully marked for locating purposes, a notification shall be sent to the
excavator prior to the mark-by time. A notification to the regional notification center that
generated the location request shall suffice for compliance with this Section as it pertains to
positive response.
D. For the purpose of this Section, the specific location of the underground facilities
is defined as an area not wider than the width of the underground facility or utility as marked
plus eighteen inches on either side.
E.(1) An excavator or demolisher who has given notice and otherwise complied with
the provisions of this Part shall be immune from civil liability for damages in the area of the
proposed excavation or demolition caused by such excavation or demolition to any owner
or operator who:
(a) Was required by the provisions of this Part to become a member, participate in,
or share the cost of a regional notification center, and failed to do so.
(b) Failed to mark or provide information as required by the provisions of this Part.
(2) The immunity provided by this Subsection shall not apply to civil liability for
damages caused by the negligence of the excavator or demolisher.
F. Should an owner or operator file suit against an excavator or demolisher for
damages to underground facilities or utilities and the court finds in favor of the owner or
operator, in addition to damages provided for by this Part, the owner or operator shall be
entitled to recover reasonable attorney fees and costs. If the court finds in favor of the
excavator or demolisher, the excavator or demolisher shall be entitled to recover reasonable
attorney fees and costs.

Legislative History

Acts 1988, No. 923, §1, eff. Sept. 9, 1989; Acts 1992, No. 883, §1; Acts 1995, No. 491, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2010, No. 249, §1, eff. Sept. 1, 2010; Acts 2011, No. 38, §1, eff. Oct. 1, 2011; Acts 2014, No. 203, §1; Acts 2019, No. 344, §1; Acts 2021, No. 9, §1, eff. Jan. 2, 2022; Acts 2021, No. 46, §1; Acts 2024, No. 75, §1, eff. Jan. 1, 2025.