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Change coming to North Carolina in October 2014

Change coming to North Carolina in October 2014. The Impacts and Call To Action. North Carolina Legislation Changes. Impacts of Senate Bill 9 and House Bill 476. Overview. Background on 2012-2013 Legislative W orking G roup

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Change coming to North Carolina in October 2014

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  1. Change coming to North Carolina in October 2014 The Impacts and Call To Action

  2. North CarolinaLegislation Changes Impacts of Senate Bill 9 and House Bill 476

  3. Overview • 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 Requirements • Exemptions • Enforcement

  4. Background on 2012-2013 Legislative Working Group • Representative Mike Hager sponsored the Bill • Began meeting in August of 2012 • Working 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 Raleigh • Expanded group to include Surveyors in 2013 • Introduced March 28, 2013…and then…

  5. Meanwhile in the Senate… • Senate Bill 9 was introduced January 30, 2013 • Bill is an amendment to the existing Ch. 556 • Addresses Survey/Design tickets and obligates a response from owner/operators • Although 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…

  6. What does Senate Bill 9 Require? • 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 one of 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.

  7. What does Senate Bill 9 Require? • Surveyors can request design tickets • Owners 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."

  8. Impact on Design Requests • No major increase in requests at this time • Larger sized locates being requested

  9. How does the revised Underground Safety and Damage Prevention Act impact stakeholders? • New response requirements • Subaqueous (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

  10. How does the revised Underground Safety and Damage Prevention Act impact stakeholders? • New ticket type requirements • Short 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

  11. How does the revised Underground Safety and Damage Prevention Act impact stakeholders? • New ticket type requirements • Survey Design Ticket (§87-127) • 10 full business days for a response by members • Members 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

  12. Additional Changes • Tickets no larger than ¼ mile or 5 contiguous addresses (no greater than ¼ mile). (§87-122 (b)(5)) • Extraordinary Circumstances Declared • If 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 center • Notification center will alert the excavator if the conditions exist for a member • Excavator must wait to proceed until the time provided by the member (§87-122 (c)(2))

  13. 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))

  14. What are Mandatory Requirements? • Membership in Notification Center (§87-120 (b)) • Large operators must comply before October 1, 2014 • Defined as greater than 50,000 customers or owners of 1,000 miles or greater of facility. • Medium operators must comply before October 1, 2015 • Defined as greater than 25,000 customers or owners of 500 miles or greater of facility • All other owners must comply before October 1, 2016 • All NCDOT engineering divisions must be members before October 1, 2016 (bringing them online now)

  15. What are Mandatory Requirements? • Positive Response • All 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

  16. What are Mandatory Requirements? • Excavators Required to Notify Before They Dig (§87-122 (a)) • Exceptions will be covered in the exemptions section • Reporting of Damages (§87-126 (a)) • Must still notify the facility owner when a damage occurs • Must also notify the notification center

  17. What Activities are Exempted? • 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))

  18. 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))

  19. 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))

  20. What Activities are Exempted? • Gravity fed sanitary sewers and storm water facilities are exempt from locating (§87-121 (j)) HOWEVER • All 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))

  21. Enforcement • Complaint driven – any portion of the Article • Complaints received through a web portal housed at the notification center • Notification 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)

  22. Enforcement – A Representative from: • 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

  23. Enforcement • 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))

  24. Locate Requests Total Tickets = 829.068 5.4% increase vs. 2012 Transmissions Transmissions = 3,956,892 5.6% increase vs. 2012

  25. Caller Types

  26. First Time Caller

  27. RTE Report

  28. Update Lite

  29. DIRT Report

  30. DIRT Report

  31. 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

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