Summary of Original Version

Amend KRS 367.4903 to redefine "operator," "Kentucky Contact Center," "approximate location," and "working day"; define "person," "positive response," "unique identification number" or "locate request number," "locator," "second notice," "tolerance zone," "untonable facility," and "work site contact"; amend KRS 367.4909 to require a positive response from operators of underground facilities; establish the timing of operator responses; amend KRS 367.4911 to provide excavator start dates, to include entities engaged in exempt activities to notify operators immediately upon discovery of damage to an underground facility, and to provide when mechanized equipment can be used in the tolerance zone; amend KRS 367.4913 to require contact centers to maintain certain locate request information for five years and to change the composition of the Kentucky Contact Center board of directors; amend KRS 369.4915 to require entities engaging in exempt activities to cease activity and notify an operator when an underground facility is damaged and to exempt certain noninvasive inspection and maintenance excavating for an existing utility pole; amend KRS 367.4917 to impose penalties on the employer if the violation is committed in the scope of employment and to provide that the Public Service Commission shall establish a written agreement form to deviate from the locate request dates provided for in the Underground Facility Damage Prevention Act of 1994; EFFECTIVE January 1, 2022.

Summary of Amendment: House Floor Amendment 1 -- J. Petrie

Summary Amend the definition of "approximate location" to remove reference to unmapped and untonable facilities; delete the definition of "untonable facility"; amend the operator's response time for a normal locate request from two working days to three working days; amend the operator's response time for a large locate request from two to three days to notify the excavator through positive response that the excavation has been determined to be a large project.

Summary of Amendment: House Floor Amendment 2 -- J. Petrie

Summary Add a definition for "fiber-to-the-premises"; add a fiber-to-the-premises broadband deployment excavation locate request that requires underground facility operators to respond to within four working days.

Summary of Amendment: House Floor Amendment 3 -- J. Petrie

Summary Replace the definition of "approximate location" in reference to an underground facility.

Summary of Amendment: House Floor Amendment 4 -- J. Petrie

Summary Amend "approximate location" to mean a distance not to exceed the combined width of the underground facility plus 24 inches measured from the outer edge of each side of the underground facility; delete the definition of "untonable facility"; amend the operator's response time for a normal locate request from two working days to three working days; amend the operator's response time for a large locate request from two to three days to notify the excavator through positive response that the excavation has been determined to be a large project.

Summary of Amendment: House Floor Amendment 5 -- S. Santoro

Summary Amend to provide that an entity or individual otherwise exempt from the requirements of KRS 367.4901 to 367.4917 under Section 5 of this Act, who conducts an excavation that results in the escape or suspected escape of any flammable, toxic, or corrosive gas or liquid shall cease excavation and notify affected operators.

Summary of Amendment: Senate Floor Amendment 1 -- P. Hornback

Summary Delete new language requiring otherwise exempt entities under KRS 367.4915 to cease excavation and notify operators of damage to underground facilities that results in the escape of any flammable, toxic, or corrosive gas or liquid.

Summary of Amendment: Senate Floor Amendment 2 -- P. Hornback

Summary Delete new language requiring an excavator responsible for damage to an underground facility to notify all affected operators immediately upon discovery of the damage; delete new language requiring otherwise exempt entities under KRS 367.4915 to cease excavation and notify operators of damage to underground facilities that results in the escape of any flammable, toxic, or corrosive gas or liquid; delete new language referencing the reporting of a suspected escape of any flammable, toxic, or corrosive gas or liquid caused by damage to an underground facility; delete Section 5 in its entirety, which would remove the exemption for nonintrusive excavating to inspect or perform maintenance for an existing utility pole; renumber subsequent sections accordingly; make conforming changes.

Statutes affected:
Introduced: 367.4903, 367.4909, 367.4911, 367.4913, 367.4915, 367.4917
Acts Chapter 80: 367.4903, 367.4909, 367.4911, 367.4913, 367.4917
Current: 367.4903, 367.4909, 367.4911, 367.4913, 367.4915, 367.4917