AN ACT TO AMEND SECTION 77-13-3, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS "LOCATE REQUEST TICKET" AND "TRENCHLESS EXCAVATION"; TO AMEND SECTION 77-13-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ADVANCE WRITTEN, ELECTRONIC OR TELEPHONIC NOTICE SHALL NOT BE REQUIRED WHERE A QUALIFIED OPERATOR USING REASONABLE CARE USES A HAND-POWERED PROBE ROD TO LOCATE THAT OPERATOR'S UNDERGROUND FACILITIES FOR THE PURPOSE OF UNDERGROUND FACILITY MAPPING; TO PROVIDE THAT THE NOTICE REQUIRED FOR EXCAVATION SHALL CONTAIN THE LOCATION OF THE PROPOSED EXCAVATION, WHICH IS LIMITED TO AN AREA THE EXCAVATOR REASONABLY BELIEVES MAY BE COMPLETED WITHIN FOURTEEN CALENDAR DAYS FROM THE DATE AND TIME THE LOCATE REQUEST TICKET IS ENTERED INTO THE MISSISSIPPI 811, INC., SYSTEM AND DOES NOT INCLUDE ANY AREA IN WHICH THE EXCAVATOR HAS ALREADY COMPLETED THE EXCAVATION WORK; TO PROVIDE THAT PRIOR TO PROVIDING THE ADVANCE NOTICE TO MISSISSIPPI 811, INC., THE EXCAVATOR SHALL PRE-MARK THE APPROXIMATE BOUNDARY OF THE PROPOSED EXCAVATION AREA WITH WHITE PAINT, FLAGS, OR STAKES; TO PROVIDE THAT PRE-MARKING OF THE PROPOSED EXCAVATION AREA SHALL NOT BE REQUIRED IF THE AREA CAN BE DEFINED IN THE ADVANCE WRITTEN, ELECTRONIC OR TELEPHONIC NOTICE BY CERTAIN GEOGRAPHICAL DESCRIPTIONS; TO PROVIDE THAT THE PROPOSED EXCAVATION LOCATION ON A RENEWAL LOCATE REQUEST TICKET SHALL NOT INCLUDE ANY AREA IN WHICH THE EXCAVATOR HAS ALREADY COMPLETED THE EXCAVATION WORK; TO PROVIDE THAT THE EXCAVATOR SHALL NOT USE POWER-DRIVEN EQUIPMENT FOR TRENCHLESS EXCAVATION, INCLUDING DIRECTIONAL BORING, ACROSS OR WITHIN THE MARKED APPROXIMATE LOCATION OF UNDERGROUND UTILITY LINES OR UNDERGROUND FACILITIES, WITH CERTAIN EXCEPTIONS; TO PROVIDE THAT FOR TRENCHLESS EXCAVATIONS, INCLUDING DIRECTIONAL BORING, PARALLEL TO THE MARKED APPROXIMATE LOCATION OF UNDERGROUND UTILITY LINES OR UNDERGROUND FACILITIES, THE EXCAVATOR SHALL USE CERTAIN NONINVASIVE METHODS TO IDENTIFY THE LOCATION OF THE UNDERGROUND UTILITY FACILITY AT CAREFUL AND PRUDENT INTERVALS; AND FOR RELATED PURPOSES.

Statutes affected:
As Introduced: 77-13-3, 77-13-5
Committee Substitute: 77-13-3, 77-13-5
As Passed by the Senate: 77-13-3, 77-13-5
Approved by the Governor: 77-13-3, 77-13-5