Change coming to North Carolina in October 2014

The Impact

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Impacts of Senate Bill 9 and House Bill 476

North CarolinaLegislation Changes

Background on 2012-2013 Legislative Working Group

What impact did the passage of Senate Bill 9 have on stakeholder responsibilities?

How the revised Underground Utility Safety and Damage Prevention Act affects stakeholders

Mandatory RequirementsExemptionsEnforcement

Overview

Representative Mike Hager sponsored the Bill

Began meeting in August of 2012Working group included a primary and

secondary from Gas Distribution, Gas Transmission, Power, Communications, Contract Locator, Excavator, Municipal, NCDOT and the Electric Cooperatives

Group used SC law as a starting place for language

Met face to face every few weeks in RaleighExpanded group to include Surveyors in 2013Introduced March 28, 2013…and then…

Background on 2012-2013 Legislative Working Group

Senate Bill 9 was introduced January 30, 2013

Bill is an amendment to the existing Ch. 556Addresses Survey/Design tickets and

obligates a response from owner/operatorsAlthough the requirements of SB 9 were

essentially part of HB 476, the sponsor determined that the provision was needed more immediately and therefore refused to withdraw the bill.

Senate Bill 9…

Meanwhile in the Senate…

Went into effect July 15th 2013.

(c) Each utility owner or designated representative or association, other than a small water or wastewater utility owner, notified of an intent to survey under subsection (a) of this section shall, before the proposed start of the survey, unless another period is agreed to by the surveyor and the utility owner or designated representative or association provide at least oneof the following to the surveyor to the extent the information is reflected by records in the possession of and reasonably available to the utility owner:(1) The location and description of all of the underground utilities within the area to be surveyed.(2) The best available description of all underground utilities in the area of the proposed survey, which may include drawings marked with a scale, dimensions, and reference points for underground utilities already built in the area or other facility records that are maintained by the utility owner.(3) Allowing the surveyor or any other authorized person to inspect the drawings or other records for all underground utilities within the area to be surveyed at a location that is acceptable to both parties.

What does Senate Bill 9 Require?

Surveyors can request design ticketsOwners must either locate, provide best available

drawings or allow access to the drawings on site.NC 811 created new positive response codes to

accommodate the design tickets. Code 90 will mean "SURVEY DESIGN REQUEST ‐

Facility Has been Marked in the Field"Code 92 will mean "SURVEY DESIGN REQUEST ‐No Facilities in the Area"Code 94 will mean "SURVEY DESIGN REQUEST ‐ Facility Records Provided"Code 98 will mean "SURVEY DESIGN REQUEST ‐ Access to Facility Records Provided."

What does Senate Bill 9 Require?

No major increase in requests at this timeLarger sized locates being requested

Impact on Design Requests

New response requirementsSubaqueous (underwater) locates

Larger tolerance zone – 15 feet either side (§87-117 (22))

Still must respond within 3 full days through positive response that subaqueous facilities exist. (§87-121 (d))

10 full days to meet complete response requirements (§87-121 (b)(2))

Positive response will include a subaqueous code

How does the revised Underground Safety and Damage Prevention Act impact stakeholders?

New ticket type requirementsShort Notice Ticket(§87-122 (c)(6))

If excavator waits the full three days and has received no response, they may call in a short notice ticket

Members have 3 hours to respond

How does the revised Underground Safety and Damage Prevention Act impact stakeholders?

New ticket type requirementsSurvey Design Ticket (§87-127)

10 full business days for a response by membersMembers must respond with one of the three

methods:Marks on the ground (designation)Provision of facility maps (best available)Access provided to the facility maps

How does the revised Underground Safety and Damage Prevention Act impact stakeholders?

Tickets no larger than ¼ mile or 5 contiguous addresses (no greater than ¼ mile). (§87-122 (b)(5))

Extraordinary Circumstances DeclaredIf a member declares extraordinary

circumstances they must indicate the date and time that a ticket will receive a response (§87-121 (e))

Declared through the notification centerNotification center will alert the excavator if

the conditions exist for a memberExcavator must wait to proceed until the time

provided by the member (§87-122 (c)(2))

Additional Changes

(3) full business day response (§87-122 (a)) (not a practical change as the full day will start the day following the request)

Tolerance zone – 24 inches (§87-122 (c)(10))Mandatory training for locators and

professional excavators (§87-123 (d))Pre-Marking (White lining) included

If an excavator cannot adequately describe the area in which the work is to take place, the area must be designated in white paint, flags or stakes. (§ 87-122 (c)(1))

Additional Changes

Membership in Notification Center (§87-120 (b))Large operators must comply before October 1,

2014Defined as greater than 50,000 customers or

owners of 1,000 miles or greater of facility.Medium operators must comply before October

1, 2015Defined as greater than 25,000 customers or

owners of 500 miles or greater of facilityAll other owners must comply before October

1, 2016All NCDOT engineering divisions must be

members before October 1, 2016 (bringing them online now)

What are Mandatory Requirements?

Positive ResponseAll members are required to provide a positive

response to the notification center (§87-121 (c))Excavators are required to check the positive

response before proceeding with their work (§87-122 (c)(2))

This can be done via web site, through the app or will be provided at the end of three business days if an email is provided by the excavator

What are Mandatory Requirements?

Excavators Required to Notify Before They Dig (§87-122 (a))Exceptions will be covered in the exemptions

sectionReporting of Damages (§87-126 (a))

Must still notify the facility owner when a damage occurs

Must also notify the notification center

What are Mandatory Requirements?

Excavation or demolition performed by the owner of a single family residential property on his or her own land that does not encroach on any operator’s right-of way, easement or permitted use. (§87-124 (1))

Use of non mechanized equipment on same property is exempted even if that land encroaches. (§87-124 (2))

Tilling of soil for agricultural purposes (§87-124 (3))

Agricultural excavation (using mechanized tools) that does NOT encroach on operator’s right-of-way, easement or permitted use.(§86-124 (4))

What Activities are Exempted?

Excavation or demolition performed by the DOT, a local government, special purpose district or public service district for the purpose of maintenance activities within the right-of-way. (§87-124 (6))

Activities exempted include resurfacing, milling, emergency replacement of signs critical for maintaining safety, or reshaping of shoulders and ditches to original road profile. (§87-124 (6))

Activities NOT exempted include initial installation of traffic signs, traffic control equipment, or guardrails. (§87-124 (6))

What Activities are Exempted?

Excavation or demolition performed by a railroad entirely on land which the railroad owns or operates or, in the event of an emergency, on adjacent land. (§87-124 (7))

None of the facilities owned or operated by the railroad are included in the provisions of the Act therefore they are exempted from membership of these facilities. (§87-124 (7))

Excavation for purpose of graves, installation of a monument or memorial at a grave space or placement of a temporary structure or tent by a cemetery that does NOT encroach on any operator’s right-of way, easement, or permitted use. (§87-124 (8))

What Activities are Exempted?

Gravity fed sanitary sewers and storm water facilities are exempt from locating (§87-121 (j)) HOWEVERAll future installation of these facilities must be

made locatable (§87-121 (g)) and“Neither the excavator nor the person financially

responsible for the excavation shall be held liable for any damage to an unmarked gravity fed sanitary sewer or unmarked water facility if the person doing the excavation exercises due care to protect existing facilities when there is evidence of the existence of those facilities near the proposed excavation site.” (§87-121 (j))

What Activities are Exempted?

Complaint driven – any portion of the ArticleComplaints received through a web portal

housed at the notification centerNotification center provides notice to alleged

violator within 10 days (§87-120 (e))Complaints reviewed by a Board of 15 people

appointed by the Governor (§87-129)

Enforcement

North Carolina DOT Facility Contract Locator Notification Center Electric Public Utility Telecommunications Industry Natural Gas Utility Hazardous Liquid Transmission Pipeline Company League of Municipalities Highway Contractor who does not own facilities Public Utilities Contractor who does not own facilities Surveyor Rural Water System Investor Owned Water System Electric Membership Cooperative Cable Company

Enforcement – A Representative from:

Board meets minimum quarterly (§87-129 (b))Board can recommend training and education, a

fine of $1000 plus training or a fine of $2500 plus training depending on the severity per incident when a party is found to be in violation (§87-129 (1)(2)(3))

All monies received go to state education per NC Constitution

Board passes recommendations to Utilities Commission (§87-129 (b))

Appeal may be made through an arbitration process (§87-129 (c))

Enforcement

Locate Requests

Total Tickets = 829.0685.4% increase vs. 2012

Transmissions

Transmissions = 3,956,8925.6% increase vs. 2012

Caller Types

Month Homeowners & Residents Contractor

Municipality, Utility, & Public

Government Other Totals

Jan 3,611 66,390 16,932 469 1,216 88,618

Feb 4,205 65,614 14,847 494 1,328 86,488

Mar 6,611 74,963 16,091 463 1,435 99,563

Apr 10,259 81,553 17,372 675 1,567 111,426

May 8,685 83,195 17,755 611 1,756 112,002

Jun 6,663 76,498 16,164 641 1,437 101,403

Jul 7,228 87,755 18,798 712 1,756 116,249

Aug 6,704 85,044 19,160 696 1,715 113,319

Sep            

Oct            

Nov            

Dec            

Total 53,966 621,012 137,119 4,76112,21

0 829,068

% Total 6.51% 74.90% 16.54% 0.57% 1.47% 100.00%

First Time CallerSurveys for 01/01/2013 through 08/31/2013 from 250847 new tickets    

CategoryPercent Count

Contractor or Locator 19.00% 10516Just knew to call 18.80% 10403Friend/Neighbor/Word of Mouth/Just knew to call 17.32% 9582Utility Company 13.19% 7300Website 6.61% 3656Phonebook 4.56% 2524Billboard 3.27% 1811Word of Mouth 3.01% 1667TV 2.16% 1198Town Planning Department/Utility Commission/City Hall 2.08% 1150Friend 1.81% 1000Pedestal/Utility Box 1.56% 863Municipality 1.41% 781Bumper stickers/Pamphlet 1.14% 631Base Property 0.85% 469Manual came w/Installation for fence/Lowes 0.83% 457Neighbor 0.79% 439Radio 0.44% 246Fuel Tanks 0.42% 234Lease Agreement HOA/Realtor 0.35% 196Newspaper 0.17% 96Magazine 0.12% 64Race Car 0.10% 56Total 100% 55339

Monthly Volume Statistics

Month TotalTickets

In-House Tickets RTE Tkts RTE %

Volume

Jan 88,618 39,001 49,617 55.99%Feb 86,488 36,805 49,683 57.44%Mar 99,563 42,708 56,855 57.10%Apr 111,426 51,254 60,172 54.00%May 112,002 50,051 61,951 55.31%Jun 101,403 43,169 58,234 57.43%Jul 116,249 48,312 67,937 58.44%

Aug 113,319 48,227 65,092 57.44%Sep        Oct        Nov        Dec        YTD 829,068 359,527 469,541 56.63%

RTE Report

Update Lite

DIRT Report

DIRT Report

North Carolina 811, Inc.3rd Quarter Board

Meeting

• Friday, October 18th

• 9:00 AM• Harrah’s, Cherokee, NC• Contact Stephanie Brown at 336-

855-5760