Bill Summary for H 476 (2013-2014)

Summary date: 

Jun 20 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 476 (Public) Filed Thursday, March 28, 2013
A BILL TO BE ENTITLED AN ACT REWRITING THE LAWS REGULATING UNDERGROUND UTILITY DAMAGE PREVENTION.
Intro. by Hager, Moffitt, Murry.

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Bill summary

House amendment to the 3rd edition makes the following changes.

Amends GS 87-120(b) to clarify that before adopting a method of determining the cost allocation for operating the Notification Center, the board of directors must publish the proposed method of cost allocation to the member operators, and the proposed allocation method must be approved by the member operators.

Enacts new GS 87-122.1 to require every person who is an excavator, locator, or operator due to engaging in these activities in the course of a business or trade to provide education and training to employees and provide documentation of such. Specifies what must be included in the training. Provides that the duty to provide education and training does not apply when the excavator, locator, or operator retains an independent contractor; requires independent contractors to provide employee training. Requires that excavation be conducted in accordance with OSHA Standard 1926 and under the direction of a competent person. Requires locators to be properly trained, with training documented.

Amends GS 87-123 to exclude from the notice requirements an excavation or demolition that involves tilling of soil for agricultural purposes (was, excavation or demolition that involves the tilling or plowing of soil less than 12 inches in depth for agricultural purposes). Also adds an exclusion from the notice requirements for an excavation or demolition performed by a farmer on his or her own property that does not encroach on any operator's right of way, easement, or permitted use.

Amends GS 87-128(b) to make clarifying changes and to add that the parties are responsible for selection and contracting with the arbitrator. Amends GS 87-128(c) to rquire that the Utilities Commission order issued upon the completion of the arbitration process include assessing the costs of arbitration to the non-prevailing party (was, include an award of the costs of arbitration to the prevailing party).

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