MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Public Utilities

By: Representative Steverson

House Bill 1334

(As Sent to Governor)

AN ACT TO AMEND SECTION 77-13-9, MISSISSIPPI CODE OF 1972, TO REVISE THE MISSISSIPPI 811 LAW TO PROVIDE FOR CERTAIN NOTIFICATIONS TO OCCUR THROUGH THE POSITIVE RESPONSE INFORMATION SYSTEM (PRIS); AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 77-13-9, Mississippi Code of 1972, is amended as follows:

     77-13-9.  (1)  Every person owning or operating underground utility lines or underground facilities shall, upon receiving advance notice of the commencement of excavation, in accordance with Section * * *77‑13‑7 77-13-5, make an investigation, and * * *may shall report through the use of the PRIS the status of the work performed, within two (2) working days from the time notice is provided in accordance with this chapter to Mississippi 811, Inc., to determine the approximate location of its underground utility lines or underground facilities in the area of the proposed excavation, and shall either:  (a) mark the approximate location of underground utility lines and underground facilities in or near the area of the excavation, so as to enable the person engaged in excavation work to locate the lines and facilities in advance of and during the excavation work and notify the excavator through the PRIS that the facilities have been marked; (b) advise * * *in writing or by telephone or electronic means through the PRIS that it has no underground utility lines or underground facilities in the excavation area; or (c) advise * * *in writing or by telephone or electronic means through the PRIS that it can locate its underground utility lines or underground facilities in the excavation area only by excavation.  If an operator can locate its underground utility lines or underground facilities in the excavation area only by excavation and has given proper notice of such, that operator shall be allowed a reasonable amount of additional time, not to exceed four (4) working days from the day the original notice was provided in accordance with this chapter, to mark the approximate location of the underground utility lines or underground facilities.

     (2)  In lieu of such marking, the operator may request to be present at the site upon commencement of the excavation, so long as the operator complies within two (2) working days of the receipt of the notice.

     (3)  When an excavator, upon arriving at an excavation site, sees evidence of unmarked underground utility lines or underground facilities or encounters an unmarked underground utility line or underground facility on an excavation site after excavation has commenced where notice of intent has been made in accordance with the provisions of this chapter, that excavator must immediately contact Mississippi 811, Inc.  All operator(s) thus notified must contact the excavator within four (4) hours and inform the excavator of any of their known underground facilities, active or abandoned, at the site of the excavation.

     (4)  When marking the approximate location of the facilities, the operator shall follow the color code designated and described herein, unless otherwise provided for by specific administrative rule or regulation promulgated pursuant to this chapter, namely:

UTILITY OR TYPE OF FACILITY           GROUP IDENTIFYING COLOR

Electric                              Safety Red

Petroleum Product/Hazardous/

     Flammable/Corrosive/Toxic

     Materials, Product and Steam

     Lines, Gas or Gaseous Material    High Visibility Safety

                                           Yellow

Telecommunications (including fiber

     optics) and CATV                  Safety Alert Orange

Potable Water                         Safety Precaution Blue

Reclaimed Water, Irrigation,

     Slurry Lines                      Purple

Sewer and Drain Lines                 Safety Green

Temporary Survey Markings             High Visibility Pink

Proposed Excavation                   White

     (5)  All utility facilities installed by owners or operators of utilities on or after January 1, 2010, shall be installed in such manner that the utility facility may be located by using a generally accepted electronic locating method.

     (6)  Except for emergency excavations, if, before the expiration of the two (2) working days' waiting period, all identified facility owners or operators have responded to the locate request and all have indicated that their facilities are either not in conflict or have been marked as indicated through the use of the PRIS, then the person planning to perform excavation or blasting shall be authorized to commence work, subject to the other requirements of this section, without waiting the full two (2) working days.

     (7)  Upon receiving a design information request, the utility owner or operator shall within seven (7) working days from the time notice is provided in accordance with this chapter to Mississippi 811, Inc., respond by one (1) of the following methods:  (a) marking the approximate location of its underground utility lines and underground facilities in the area in accordance with subsection (1) of this section; (b) providing to the person making the design information request the best available description of its underground utility lines and underground facilities in the area which may include drawings or other records maintained by the utility owner or operator; or (c) allowing the person making the design information request or any other authorized person to inspect or copy the drawings or other records for all underground utility lines and utility facilities in the area.

     SECTION 2.  This act shall take effect and be in force from and after January 1, 2021.