Page 3 - Louisiana 811 Magazine 2021 Issue 1

from the desk of
Brent Saltzman
It appears we can see the proverbial “light at the end of the tunnel” regarding the pandemic that has certainly impacted us all. Although we’ll never forget this historic event, I think it’s time to start looking ahead to our future. As we ponder what that may look like, I can tell you legislatively that potentially several things may be in store that will impact all of us in our industry.
The legislature convenes on Monday, April 12, 2021 and more than likely there will be two bills proposed that
could become the latest amendments to the Louisiana Underground Utilities & Facilities Damage Prevention Law (commonly referred to as The Dig Law). First, white lining & positive response language have been discussed for years and will finally be brought before the legislature. Second,
it is probable there will be proposed legislation lending an exemption for commercial agricultural farmers.
The white lining language will require excavators to use white paint and/or flags in the area of proposed excavation. If an excavator enters their locate request online, this will suffice as “virtual white lining” and physical white lining will not be required. Positive response will be tied to this language requiring owner/operators to positively respond by the mark-by time on locate requests. The appropriate actions allowed are either marking their underground utilities/ facilities or contacting the excavator and advising the area is “clear” indicating they don’t have any infrastructure in the area of proposed excavation.
The agriculture exemption language, as of this writing, hasn’t been finalized but will essentially eliminate the mandate for commercial agricultural farmers to have a valid locate requests when working outside a utility servitude or pipeline right-of-way. Furthermore, when working within these areas mentioned above, there may be a depth exemption. As the Dig Law is currently written, farmers are essentially breaking the law every time they drop a plow in the ground or conducting any other normal farming operation.
It goes without saying but this legislative session will be an active one as it relates to excavation activity. If you would like to see a change to Louisiana’s Dig Law, please reach out to us to be included in the email invitation to attend the next Dig Law Advisory Committee Meeting. They are open to anyone.
Until next time, please stay safe!
Brent Saltzman Executive Director Louisiana 811
2021, Issue 1
Louisiana 811
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