How HB 752 changes current law

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This bill amends 10 section(s) of the Missouri Revised Statutes: Section 319.015, RSMo; Section 319.019, RSMo; Section 319.022, RSMo; Section 319.024, RSMo; Section 319.025, RSMo; Section 319.026, RSMo.

• Section 319.015, RSMo

  or (3) (4) but not including , except that, shall not be deemed excavation (5) (6) (7) Version 10.0 (8) (9) (10) (11) (13) (14) (15) (17) → , , or its "Best practices", the damage prevention recommended standard for protecting vital underground facilities issued by the Common Ground Alliance, sponsored by the Department of Transportation as described in 49 U.S.C. Section 6105 (a), as amended. The Common Ground Alliance Best Practices shall be read in conjunction with Missouri law; in any instance in which such best practices conflict with state law, state law shall control; (3) "Careful and prudent", conducting excavation using best practices; (4) bold-face ("Detectible underground location device", any device that is installed underground and that is capable of being detected from above ground with an electronic locating device, including a locator strip or locator wire; (6) "Electronic white lining", the process in which an excavator identifies where a proposed excavation will occur by drawing a polygon shape on a GIS map, transmitted in a manner that may then be delivered by the notification center to its member operator; (7) (8) not in conjunction with . Exemptions to this definition include: routine road maintenance, the (9) (10) (11) "Locator strip", a type of detectible underground location device that consists of a plastic or other durable material ribbon containing a material capable of being detected from above ground with an electronic locating device and color coded by type of underground facility; (12) "Locator wire", a type of detectible underground location device that consists of a copper wire or metallic, conductive, noncorrosive trace wire capable of being detected from above ground with an electronic locating device; (13) (14) (15) (16) (17) (19) "Reasonable care", includes compliance with Common Ground Alliance Best Practices; (20) "Start date of work", the date provided by the excavator on the notice of intent to excavate that identifies the date of intention to begin excavation; (21) (22) (23) service, broadband fiber optic or other or broadband (25)

  amended

• Section 319.019, RSMo

  underground facilities installed on any real property after August 28, 2025, with the exception of storm sewers and sanitary sewer mains and laterals installed at depths more than six feet, shall be installed with a detectible underground location device unless the facility is capable of being detected from above ground with an electronic locating device.

  amended

• Section 319.022, RSMo

  2. 3. 4. → 2. , plus four voting directors from other damage prevention stakeholders within the construction industry, three of whom shall be from a heavy civil, site grading, road or highway contractor and one of whom shall be from a utility or underground contractor; provided, however, that none of the directors appointed shall work for a contractor that owns or operates an underground facility. The appointed directors shall be subject to the bylaws and policies of the notification center 3. 4. 5.

  amended

• Section 319.024, RSMo

  6 or → 7 , , or its

  amended

• Section 319.025, RSMo

  a person without first giving obtaining → an excavator until such excavator gives obtains and shall have an operational life ending at 11:59 p.m. twenty-one consecutive calendar days from the start date of work

  amended

• Section 319.026, RSMo

  or by facsimile and whether the excavator's telephone is equipped with a recording device facsimile number, , → and When the location of the planned excavation cannot be clearly identified solely by the means described in subdivision (5) of subsection 2 of this section, the excavator may also designate the planned excavation route or area to be excavated by physical white lining using white paint, stakes, whiskers, or other similar markings on and along the area to be excavated, or by electronic white lining when available through the notification center. Such information may be provided to the notification center prior to or with the notification required under this section. Nothing in this section shall conflict with sections 319.024, 319.025, or 319.030. 4.

  amended

• Section 319.050, RSMo

  4. 5. 6. for so 7. 8. 9. 8 8 10. April 1, 2015, and each year thereafter → 5. 6. or discovers an underground facility that is not marked, 7. until the notice of intent to excavate expiration date as 8. 9. 10. 9 9 11. the date determined annually by Common Ground Alliance, or any successor organization

  amended

• Section 319.026, RSMo

  , but not more than ten working days,

  amended

• Section 319.030, RSMo

  or → , , or its

  amended

• Section 319.015, RSMo

  facsimile or numbers or

  amended

• Section 319.031, RSMo

  or facsimile or by → , , or its 319.034.For purposes of sections 319.010 to 319.050, the location of underground facilities provided by a facility owner or operator in accordance with section 319.026 to any person engaging in scheduled excavating shall be accurate. If any underground facility is damaged by an excavator due to the furnishing of incorrect information by the facility owner or operator, the excavator shall not be subject to any liability resulting from damage to the underground facility as a result of the excavating, provided that such person engaging in scheduled excavating complies with the requirements of sections 319.010 to 319.050 with respect to such excavation and there is no evidence visible and obvious to the excavator of the presence of a mismarked underground facility.

  amended

• Section 319.035, RSMo

  his or her → except as provided in section 319.034 or a locator or other contractor engaged by the facility owner the facility owner's , and of the locator or other contractor engaged by the facility owner,

  amended