Page 18 - LA811

Latest Amendment to the LA Underground Utilities & Facilities Damage Prevention Law
House Bill 397/ACT No. 75
This last legislative session had yet another proposed amendment to our Dig Law outlining two specific needs – a “Large Project Excavation or Demolition” and language outlining Marine Excavation. This House Bill was authored by Representative Vincent “Vinny” St. Blanc III and was vetted through the Dig Law Advisory Committee.
Let us begin by defining some key terms relating to these changes. They are as follows:
“Large project excavation or demolition” means excavation or demolition activity that cannot reasonably be completed within the requirements of R.S. 40:1749.13(B)(2).
“Marine excavator” means an excavator or demolisher who is performing excavation or demolition in areas such as swamps, wetlands, shallow water, waterways, rivers, bayous, bays, lakes, the sea, and arms of the sea.
“Routine excavation or demolition” means excavation or demolition that requires no more than twenty calendar days to be completed, and no more than thirty calendar days for agricultural, forestry, or marine excavation or demolition activity.
To summarize the “Large Project Excavation or Demolition” portion of this amendment, it states/clarifies some key points as listed below.
- Defines “Large Project excavation or demolition” as work that cannot be completed within 20 calendar days
- Voluntary written agreement between excavator and facility owners/operators
- Online entry only at Louisiana811.com
- Requires at least 10 business days’ notice prior to the commencement of excavation or demolition
- The ability to list any, and all, subcontractors on the ticket
- Valid for up to 90 calendar days
The “large project excavation or demolition” should be a great tool for excavators or demolishers to use...
If mutual agreement cannot be reached between the excavator and facility owners/operators to determine the scope of work, the mark-by times, and any other details of the project, the “large project excavation or demolition” will be deemed null and void resulting in it reverting back to a routine-type ticket.
The “large project excavation or demolition” should be a
great tool for excavators or demolishers to use, especially for road projects, dredging operations, single-address building construction sites, and any other similar type of work. The key component of this type of designation is the enhancement of communication between both parties outlining, in writing, details such as the marking schedule (where the excavator/ demolisher will be and at what time).
To summarize the Marine Excavation portion of the Dig Law changes, it essentially changes the duration of the ticket from 20 calendar days to 30 calendar days. This slight change, coupled with the “large project excavation or demolition” should greatly assist those stakeholders who work in and around submerged infrastructure. These projects tend to
be very large and extend for weeks and sometimes years to complete.
To find out more about this legislation, go to the Louisiana Legislature’s website and search for HB397 of the 2024 legislative session. There will be more information to follow between now and January 1, 2025, when this Act goes into effect, but Louisiana 811 can be a great resource if you have further questions.
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16 • Louisiana 811 2024, Issue 3