AN ACT REQUIRING UTILITY OWNERS TO LOCATE AND DESCRIBE UNDERGROUND UTILITIES UPON WRITTEN OR ORAL REQUEST FROM A PERSON WHO IS RESPONSIBLE FOR DESIGNING OR SURVEYING UNDERGROUND FACILITIES OR REQUIRES A GENERAL DESCRIPTION AND LOCATION OF EXISTING UNDERGROUND FACILITIES IN AN AREA. Enacted June 19, 2013. Effective July 15, 2013.
Bill Summaries: S9 UTILITIES/DESIGN/SURVEY LOCATION SERVICES.
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Tracking:
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Summary date: Jun 24 2013 - View Summary
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Bill S 9 (2013-2014)Summary date: Jun 10 2013 - View Summary
House amendment makes the following change to the 5th edition. Changes the effective date for this act to July 15, 2013 (was, July 1, 2013).
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Bill S 9 (2013-2014)Summary date: Jun 7 2013 - View Summary
House amendment makes the following changes to the 5th edition. Amends 87-107.1(c) todelete requirement that a utility owner or the utility owner's designated representative or association be allowed at least 10 days before the proposed start date of a survey to provide required information to the surveyor.
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Bill S 9 (2013-2014)Summary date: Jun 6 2013 - View Summary
House committee substitute to the 4th edition makes the following changes. Amends the term surveyor in GS 87-101 to no longer include designer and adds that the surveyor must be retained by an engineer, architect, or property owner.
Amends GS 87-107.1 to remove references to a designer. Amends the time frame for the required notice to require that it be provided no less than 10 working days before starting the survey (was, no less than two nor more than 10 working days before starting). Amends (c) to require that at least one of the specified items be provided (was, the specified information has to be provided) to the surveyor by the utility owner. Requires that the utility owner be given at least 10 days before the proposed start of the survey to provide the required information. Amends the information that is to be provided to require at least one of the following: (1) location and description of all of the underground utilities within the area to be surveyed; (2) the best available description of the underground utilities in the area of the proposed survey; and (3) allowing the surveyor to inspect the drawing or other records for all underground utilities within the area to be surveyed at a location that is acceptable to both parties (deletes from the list location and description of all utility markers, temporary markings indicating the location of the underground utilities where permanent utility markers do not exist, and other information that would assist in locating the underground utilities). Adds that the requirements of (c) do not apply to a notice of intent to survey a single-family residence property given by an engineer or architect, but does apply to a notice given by a property owner or a surveyor who has been retained in connection with the development of the property.
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Bill S 9 (2013-2014)Summary date: May 22 2013 - View Summary
House committee substitute makes a technical correction to the 3rd edition.
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Bill S 9 (2013-2014)Summary date: Mar 19 2013 - View Summary
Senate Amendment makes the following changes to the 2nd edition.
Adds a new definition of the term small water or wastewater utility owner.
Exempts small water or wastewater utility owners from having to report information to the surveyor or designer concerning underground utilities.
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Bill S 9 (2013-2014)Summary date: Mar 12 2013 - View Summary
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 87-101 (Definitions), deleting the definition for design/survey request. Makes changes to definition for Association, which now reads: "'Association' means an association, sponsored by utility owners, that provides for receipt of notification of excavation operations and surveyor or designer operations in a defined geographical area, and that maintains the records of the notifications."
Amends GS 87-101 by adding new definition, surveyor or designer, defined as a person who is responsible for designing or surveying underground utilities or requires a general description and location of existing underground utilities in an area.
Amends title of GS 87-107.1 to read, "Surveyor or designer request; notice required; duties of utility owners (was, Design/Survey request; notice required; duties of utility owners).
Amends GS 87-107.1(a), providing that before surveying an area containing highways, public spaces, or private easements of a utility owner, a surveyor or designer can give notice to each utility owner having underground utilities located in the area to be surveyed, or to the utility owner's designated representative or association, either orally or in writing, not less than two nor more than ten working days prior to starting, of the surveyor's or designer's intent to have a survey conducted (was, Before surveying . . . a person who is responsible for designing or surveying underground utilities or requires a general description and location of existing underground utilities can notify each utility owner having underground utilities located in the area to be surveyed, either orally or in writing, not less than two nor more than ten working days prior to starting, of the person's intent to survey). Makes conforming changes.
Amends GS 87-107.1(b), deleting previous language and now providing that if a surveyor or designer provides oral notice under GS 87-107.1(a), the utility owner, designated representative, association, surveyor, or designer will make an adequate record of the notification to document compliance.
Makes technical and conforming changes throughout.
Effective date of July 1, 2013, now applies to notices given on or after that date (previously applied to design/survey requests made on or after that date).
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Bill S 9 (2013-2014)Summary date: Jan 30 2013 - View Summary
Enacts new GS 87-107.1 to provide as title indicates. Specifies the notice that must be provided to utility owners with underground utilities in the survey area. Requires the utility owner to provide the listed information to the person conducting the survey. Adds a definition for design/survey request to GS 87-101. Applies to design/survey requests made on or after July 1, 2013.