HB 392: UTILITIES: Provides relative to the Louisiana Underground Utilities and Facilities Damage Prevention Law - Louisiana

HB392 Original → HB392 Act · 5 edits

MODERATE

This bill updates the Louisiana Underground Utilities and Facilities Damage Prevention Law by adding a new definition for 'large project excavation' and clarifying notification procedures. It establishes specific timeframes for submitting excavation notices and defines what constitutes 'extraordinary circumstances' that allow for delays. The law also mandates annual training for site personnel while exempting those certified under federal pipeline regulations.

Scope change

The bill expands the scope by introducing a specific category for 'large project excavation or demolition' that requires different notification timelines than routine projects, while clarifying existing rules for standard excavations.

DEFINITION

Added a new definition for 'large project excavation or demolition' to cover activities that cannot be completed within standard routine timeframes.

Defined 'extraordinary circumstances' to include weather events, equipment failure, or supply unavailability that make compliance impractical.

REQUIREMENT

Clarified that excavation notices must be submitted at least 48 hours but no more than 120 hours before work begins, with work starting no later than 120 hours after the mark-by time.

Mandated that at least one person on any excavation or demolition site must have proof of annual training provided by the Regional Notification Center.

ELIGIBILITY

Created an exemption from the annual training requirement for excavators certified under federal Title 49, Code of Federal Regulations, Parts 192 or 195.

HB392 Enrolled → HB392 Original · 4 edits

MODERATE

This bill updates the Louisiana Underground Utilities and Facilities Damage Prevention Law by adding a new definition for 'manual probing' and clarifying the rules for excavation timelines. It establishes that failing to start work within 120 hours of the mark-by time is a violation unless specific exceptions apply, such as mutual agreements or extraordinary circumstances like weather or equipment failure.

Scope change

The bill expands the scope by introducing a specific definition for 'manual probing' and modifies the enforcement criteria for missed excavation deadlines to include defined exceptions.

DEFINITION

Added a new definition for 'manual probing' to specify the use of nonmechanized devices for locating underground utilities.

TIMELINE

Clarified that excavation must commence within 120 hours of the mark-by time to avoid a violation.

REQUIREMENT

Added specific exceptions to the 120-hour deadline, allowing extensions via mutual agreement or due to extraordinary circumstances like weather or equipment failure.

ENFORCEMENT

Refined the violation clause to explicitly state that non-compliance occurs only if the deadline is missed without a valid exception.

HB392 Reengrossed → HB392 Enrolled · 5 edits · Jun 8, 2025

MODERATE

This bill transitions from a draft version to the final enrolled version, removing administrative headers and a legislative digest while retaining the core legal text. The substantive policy changes focus on clarifying the timeline for excavation notices, defining specific 'extraordinary circumstances' that excuse delays, and establishing a strict deadline for resolving conflicts between utility operators and excavators.

Scope change

The scope of applicability remains the same, covering large project excavations and demolitions in Louisiana, but the enforcement mechanisms and specific timeframes for compliance have been refined.

TIMELINE

The notice period for excavation projects was clarified to require service at least 48 hours but no more than 120 hours (excluding weekends and holidays) before work begins.

REQUIREMENT

New rules define 'extraordinary circumstances' (such as severe weather or equipment failure) that allow excavators to extend the 120-hour deadline without violating the law.

A mandatory training requirement was added for at least one person on the excavation site, with exemptions for those certified under federal pipeline safety regulations.

ENFORCEMENT

A new provision states that if parties cannot resolve a conflict regarding the excavation timeline within 30 days, the large project notice is automatically voided, and standard excavation rules apply.

TECHNICAL

Administrative elements, including the 'Reengrossed' status, the House Legislative Services digest, and page count discrepancies, were removed to finalize the bill.

HB392 Engrossed → HB392 Reengrossed · 3 edits · Jun 2, 2025

MINOR

The bill was reengrossed to correct a drafting error where the phrase 'Utilities and' was accidentally removed from the title of the Louisiana Underground Utilities and Facilities Damage Prevention Law. Additionally, the text regarding timeframes for excavation and demolition activities was reorganized to clarify that routine projects have a 20-day window while agricultural, forestry, and marine projects have a 30-day window.

Scope change

The scope of the law's title was corrected to include 'Utilities', ensuring the full name of the act is preserved. The applicability of timeframes for different types of excavation projects was clarified.

DEFINITION

Corrected the official title of the law to include the word 'Utilities' which was previously omitted in the Engrossed version.

TIMELINE

Reorganized the text to explicitly state that routine excavation or demolition must be completed within twenty calendar days, while agricultural, forestry, or marine activities must be completed within thirty calendar days.

TECHNICAL

Reordered the statutory subsections and text flow to improve readability and ensure the time limits for different project types are clearly distinguished.

UTILITIES: Provides relative to the Louisiana Underground Utilities and Facilities Damage Prevention Law

What changed between versions

How they voted

Actions timeline

Sponsors