1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 4095 By: Caldwell (Trey)
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6 AS INTRODUCED
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7 An Act relating to oil and gas; amending 63 O.S.
7 2021, Section 142.2, as amended by Section 1, Chapter
8 211, O.S.L. 2023 (63 O.S. Supp. 2023, Section 142.2),
8 which relates to definitions; modifying definition;
9 defining terms; amending 63 O.S. 2021, Section 142.6,
9 which relates to notice of proposed demolition,
10 explosion or excavation; disallowing certain
10 excavation; requiring notice within certain time
11 frame for certain projects; providing for expiration
11 of notice; modifying certain time frames; requiring
12 certain information be provided; requiring certain
12 parties to be present; modifying type of information
13 certain notice contains; amending 63 O.S. 2021,
13 Section 142.8, as amended by Section 2, Chapter 211,
14 O.S.L. 2023 (63 O.S. Supp. 2023, Section 142.8),
14 which relates to additional notice required;
15 requiring certain meeting request be submitted within
15 certain time frame; requiring notice contain certain
16 information; requiring meeting take place within
16 certain time frame; allowing certain parties to meet
17 at their choosing; requiring certain parties be
17 notified; requiring certain coordination; providing
18 for submission and transmission of certain notices;
18 amending 63 O.S. 2021, Section 142.10, which relates
19 to the statewide notification center; requiring
19 certain records be kept for four years; and providing
20 an effective date.
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 1 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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2 SECTION 1. AMENDATORY 63 O.S. 2021, Section 142.2, as
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3 amended by Section 1, Chapter 211, O.S.L. 2023 (63 O.S. Supp. 2023,
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4 Section 142.2), is amended to read as follows:
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5 Section 142.2 As used in the Oklahoma Underground Facilities
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6 Damage Prevention Act:
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7 1. "Certified project" means a project where the public agency
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8 responsible for the public project, in consultation with the
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9 statewide one-call notification center, as part of its procedure,
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10 certifies that the project right-of-way is free and clear of
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11 underground facilities or wherein the public agency responsible for
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12 such project, as part of its procedure, notifies all persons
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13 determined by the public agency to have underground facilities
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14 located within the construction right-of-way and certifies that all
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15 known underground facilities are duly located or noted on the
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16 engineering drawings for the project;
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17 2. "Damage" means any impact upon or removal of support from an
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18 underground facility as a result of explosion, excavation or
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19 demolition which according to the operating practices of the
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20 operator of the underground facilities would necessitate the repair
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21 thereof;
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22 3. "Demolish" means to wreck, raze, render, move or remove a
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23 structure by means of any equipment or explosive;
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 1 4. "Demolition" means the act or operation of demolishing a
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2 structure;
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3 5. "Excavate" means to dig, compress or remove earth, rock or
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4 other materials in or on the ground by use of mechanized equipment
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5 or blasting, including, but not necessarily limited to, augering,
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6 boring, backfilling, drilling, grading, pile driving, plowing in,
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7 pulling in, trenching, tunneling and plowing; provided, however,
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8 that neither:
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9 a. the moving of earth by tools manipulated only by human
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10 or animal power, except in a private or public
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11 easement or right-of-way,
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12 b. the moving of earth by tools manipulated only by human
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13 power for burying communication lines of a
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14 communications provider in a private or public
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15 easement or right-of-way when depth is not greater
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16 than twelve (12) inches and within twelve (12) inches
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17 of a communications provider terminal,
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18 c. any form of cultivation for agricultural purposes, nor
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19 any augering, dozing by noncommercial dozer operators
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20 or digging for postholes, farm ponds, land clearing or
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21 other normal agricultural purposes,
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22 d. routine maintenance,
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23 e. work by a public agency or its contractors on a
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24 preengineered project,
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 1 f. work on a certified project,
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2 g. work on a permitted project,
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3 h. the opening of a grave in a cemetery,
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4 i. a solid waste disposal site which is a preengineered
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5 project, nor
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6 j. any individual excavating on his or her own property
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7 and who is not in the excavating business for hire,
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8 except in a private or public easement or right-of-
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9 way,
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10 shall be deemed excavation;
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11 6. "Excavation" means the act or operation of excavating;
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12 7. "Excavator" means a person or public agency that intends to
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13 excavate or demolish within the this state;
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14 8. "Notification center" means the statewide center currently
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15 known as the Oklahoma One-Call System, Inc., which has as one of its
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16 purposes to receive notification of planned excavation and
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17 demolition in a specified area from excavators, and to disseminate
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18 such notification of planned excavation or demolition to operators
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19 who are members and participants;
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20 9. "Operator" shall mean and include any person or public
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21 agency owning or operating underground facilities;
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22 10. "Permitted project" means a project where a permit for the
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23 work to be performed must be issued by a state or federal agency
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24 and, as a prerequisite to receiving such permit, the applicant must
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 1 locate all underground facilities in the area of the work and in the
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2 vicinity of any blasting and notify each owner of such underground
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3 facilities;
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4 11. "Person" includes any individual, partnership, corporation,
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5 association, cooperative, trust or other entity, including a person
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6 engaged as a contractor by a public agency, but not including a
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7 public agency;
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8 12. "Preengineered project" means a public project wherein the
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9 public agency responsible for such project, as part of its
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10 engineering and contract procedures, holds a meeting prior to the
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11 commencement of any construction work on such project in which all
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12 persons, determined by the public agency, in consultation with the
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13 statewide one-call notification center, to have underground
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14 facilities located within the construction area of the project are
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15 invited to attend and given an opportunity to verify or inform the
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16 public agency of the location of their underground facilities, if
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17 any, within the construction area and where the location of all
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18 known underground facilities are duly located or noted on the
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19 engineering drawing and specifications for the project;
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20 13. "Public agency" means the state or any board, commission or
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21 agency of the state;
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22 14. "Routine maintenance" means the grading of roads and barrow
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23 or drainage ditches, the removal and replacement of pavement,
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24 including excavation relating thereto and the installation and
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 1 maintenance of drainage and bridge facilities, signs, guardrails,
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2 and electrical and communications facilities in or on the public
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3 rights-of-way by a public agency;
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4 15. "Underground facility" means any underground line, cable,
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5 facility, system and appurtenances thereto, for producing, storing,
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6 conveying, transmitting or distributing communication (including
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7 voice, video, or data information), electricity, power, light, heat,
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8 intrastate and interstate gas pipelines, as described in 49 CFR Part
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9 192.1, intrastate and interstate hazardous liquid or carbon dioxide
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10 pipelines, as described in 49 CFR Part 195.1, water (including storm
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11 water), steam, sewage and other commodities and any oil and gas
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12 pipeline located in a private or public easement or right-of-way;
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13 and
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14 16. "Design" or "survey" means a notice to facility operators
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15 to provide underground facility information during the design or
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16 engineering phase of a project to mitigate potential impact to
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17 existing underground facilities;
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18 17. "Watch and Protect" means an operator or its designated
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19 representative is present to observe an excavation that exists to
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20 their underground facility;
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21 18. "Pre-Excavation Meeting Request" means a notice to
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22 Underground facility operators to participate in scheduled meetings
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23 for the purpose of planning large projects and coordinate resources
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24 accordingly; and
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 1 19. "Large projects" are those excavation projects that involve
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2 one of the following:
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3 a. exceeds distances defined in paragraph 5 of subsection
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4 D of Section 142.6 of this title, or
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5 b. estimated duration is more than ninety (90) days.
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6 SECTION 2. AMENDATORY 63 O.S. 2021, Section 142.6, is
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7 amended to read as follows:
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8 Section 142.6 A. Before an excavator shall demolish a
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9 structure, discharge any explosive or commence to excavate in a
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10 highway, street, alley or other public ground or way, on or near the
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11 location of an operator's underground facilities, or a private
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12 easement, such excavator shall first notify all operators in the
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13 geographic area defined by the notification center who have on file
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14 with the notification center a notice pursuant to Section 142.3 of
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15 this title to determine whether any operators have underground
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16 facilities in or near the proposed area of excavation or demolition.
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17 When an excavator has knowledge that an operator does not have
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18 underground facilities within the area of the proposed excavation,
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19 the excavator need not notify the operator of the proposed
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20 excavation. However, an excavator shall be responsible for damage
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21 to the underground facilities of an operator if the notification
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22 center was not notified. When an excavator has actual knowledge
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23 that an operator has unmarked hydrocarbon and hazardous liquid
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24 underground facilities within the area of proposed excavation, the
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 1 excavator shall not commence excavation or demolition until notice
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2 has been given and such facilities have been marked. For purposes
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3 of this section, "actual knowledge" shall mean direct and clear
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4 knowledge; provided, however, actual knowledge may be demonstrated
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5 through circumstantial evidence and if the circumstances are such
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6 that a defendant must have known, an inference of actual knowledge
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7 is permitted. The excavator shall maintain and preserve all
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8 hydrocarbon and hazardous liquid markings for the duration of the
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9 excavation or demolition and shall notify the notification center if
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10 such marks are no longer visible or are removed and underground
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11 facilities have not been exposed. An excavator must check for
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12 positive response at the notification center prior to excavating or
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13 demolishing to ensure that all operators have responded and that all
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14 facilities that may be affected by the proposed excavation or
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15 demolition have been marked. Notice shall be given no less than
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16 forty-eight (48) hours, excluding the date of notification,
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17 Saturdays, Sundays and legal holidays, prior to the commencement of
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18 the excavation or demolition. If a positive response of Watch and
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19 Protect has been indicated, no excavation may take place without the
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20 operator or its designated representative present to observe the
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21 excavation within ten (10) feet of the operator's markings. Notice
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22 shall expire fourteen (14) calendar days from the excavation start
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23 date. In the case of a large project, notice shall be given no less
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24 than one hundred twenty (120) hours, excluding the date of
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 1 notification, Saturdays, Sundays and legal holidays, prior to the
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2 commencement of the excavation or demolition. Notice for Large
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3 Projects shall expire thirty (30) calendar days from the excavation
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4 start date. No excavation may continue after the fourteenth day
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5 notice expiration unless subsequent notice has been submitted
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6 pursuant to notice requirements. If excessive and unreasonable
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7 requests for marking are made by an excavator when no excavation is
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8 taking place within fourteen (14) calendar days prior to notice
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9 expiration, the excavator may be liable to the owner or operator for
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10 the reasonable cost of such marking.
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11 B. Each operator served with notice in accordance with
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12 subsection A of this section either directly or by notice to the
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13 notification center shall, prior to the date and time work is
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14 scheduled to begin, unless otherwise agreed to between the excavator
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15 and operator, locate and mark or otherwise provide the approximate
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16 location of the underground facilities of the operator in a manner
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17 as to enable the excavator to employ hand-dug test holes to
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18 determine the precise location of the underground facilities in
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19 advance of excavation. However, during any state of emergency
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20 declared by the Governor or Legislature that impacts the area of
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21 excavation or demolition, the time limitations of this subsection
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22 shall be inapplicable. Each operator shall provide a positive
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23 response to the notification center prior to the expiration of the
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24 required notice period. This response shall indicate the status of
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 1 the required activities of the operator or designated representative
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2 in regard to the proposed excavation or demolition. For the purpose
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3 of the Oklahoma Underground Facilities Damage Prevention Act, the
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4 approximate location of the underground facilities shall be defined
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5 as a strip of land two (2) feet on either side of such underground
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6 facilities. If the positive response is Watch and Protect the
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7 operator shall provide the name and phone number of the contact for
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8 Watch and Protect and a representative shall be on site at the
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9 ticket work to begin date and time or at the start date and time
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10 agreed upon in writing by the excavator and operator. Whenever an
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11 operator is served with notice of an excavation or demolition and
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12 determines that the operator does not have underground facilities
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13 located within the proposed area of excavation or demolition, the
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14 operator shall communicate this information to the excavator
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15 originating the notice prior to the commencement of such excavation
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16 or demolition.
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17 C. The only exception to subsection A of this section shall be
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18 when an emergency exists that endangers life, health or property.
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19 Under these conditions, excavation operations may begin immediately,
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20 providing reasonable precautions are taken to protect undergr