Bill Summary for S 9 (2013-2014)

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Summary date: 

Mar 12 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 9 (Public) Filed Wednesday, January 30, 2013
A BILL TO BE ENTITLED 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.
Intro. by Meredith.

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Bill 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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