Excavations; provide for impending emergencies and extend notification period for.
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SB 2102 — Excavations; provide for impending emergencies and extend notification period for.
Last action — Approved by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 09, 2023. Enacted.
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1 sponsor
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Bill Text
What changed in the latest version
491 added · 464 removedPlain-language change summary
The amendments to Bill SB 2102 include a shift in the definition and requirements regarding "impending emergency" excavations. The pre-excavation notification period has been extended from two to three days, and excavators now need to provide details such as the excavation start time at least 12 hours in advance when responding to an emergency. Additionally, utility operators must now report their investigation findings within three days instead of two, and they must contact the excavator within two hours instead of four to inform them of any underground facilities. These changes aim to improve safety and communication during emergency excavation situations, helping to prevent accidents and ensure quicker responses.
Energy COMMITTEE SUBSTITUTE FOR SENATE BILL NO.
2102 (As Sent to Governor) AN ACT TO AMEND SECTION 77-13-3, MISSISSIPPI CODE OF 1972, TO DEFINE IMPENDINGTHE EMERGENCYTERM EXCAVATION;"IMPENDING EMERGENCY";
TO AMEND SECTION 77-13-5, MISSISSIPPI CODE OF 1972, TO ESTABLISHEXTEND THE PRE-EXCAVATION ADVANCE NOTICENOTIFICATION REQUIREMENTSPERIOD FORFROM IMPENDINGTWO EMERGENCYWORKING EXCAVATIONS;DAYS TO THREE WORKING DAYS;
TO BRINGREQUIRE FORWARDEXCAVATORS SECTIONTO 77-13-7PROVIDE FORADVANCE PURPOSESNOTICE OF POSSIBLETHE AMENDMENT;COMMENCEMENT, EXTENT, LOCATION AND DURATION OF THE EXCAVATION WORK TO MISSISSIPPI 811, INCORPORATED FOR EXCAVATIONS REQUIRED DUE TO AN IMPENDING EMERGENCY, THAT INCLUDES AN EXCAVATION START TIME AT LEAST TWELVE HOURS PRIOR TO EXCAVATION;
TO AMENDREQUIRE SECTIONEXCAVATORS 77-13-9,TO MISSISSIPPIPROVIDE CODECONTACT OFINFORMATION 1972,FOR A PERSON READILY AVAILABLE TO REQUIREDISCUSS PREMARKINGTHE FORIMPENDING EMERGENCY EXCAVATIONS;EXCAVATION WITH OPERATORS;
TO AMENDINCREASE SECTIONTHE 77-13-11,DAYS THAT THE PERSON RESPONSIBLE FOR THE EXCAVATION PROJECT IS REQUIRED TO RENEW NOTIFICATION WITH MISSISSIPPI CODE811, OFINCORPORATED, 1972,FROM AT LEAST TWO DAYS AND NOT MORE THAN THREE DAYS, TO CONFORM;AT LEAST THREE DAYS AND NOT MORE THAN FOUR DAYS PRIOR TO THE NOTIFICATION EXPIRATION DATE;
TO AMEND SECTION 77-13-9, MISSISSIPPI CODE OF 1972, TO INCREASE THE DAYS FROM TWO DAYS TO THREE DAYS THAT A PERSON OWNING OR OPERATING UNDERGROUND UTILITY LINES OR UNDERGROUND FACILITIES SHALL MAKE AN INVESTIGATION AND REPORT THROUGH THE USE OF THE PRIS THE STATUS OF THE WORK PERFORMED FROM THE TIME NOTICE IS PROVIDED TO MISSISSIPPI 811;
TO DECREASE THE HOURS FROM FOUR HOURS TO TWO HOURS THAT OPERATORS MUST CONTACT THE EXCAVATOR TO INFORM HIM OR HER OF ANY KNOWN UNDERGROUND FACILITIES AT THE SITE OF THE EXCAVATION;
TO REQUIRE THAT A PERSON OWNING OR OPERATING UNDERGROUND UTILITY LINES OR UNDERGROUND FACILITIES SHALL, UPON RECEIVING ADVANCE NOTICE OF THE COMMENCEMENT OF IMPENDING EMERGENCY EXCAVATION MAKE AN INVESTIGATION AND REPORT THROUGH PRIS THE STATUS OF THE WORK PERFORMED, PRIOR TO THE NOTICED TIME OF EXCAVATION PROVIDED TO MISSISSIPPI 811, INCORPORATED, AND EITHER MARK THE APPROXIMATE LOCATION OF UNDERGROUND UTILITY LINES AND UNDERGROUND FACILITIES IN OR NEAR THE AREA OF THE EXCAVATION, OR ADVISE THROUGH PRIS THAT IT HAS NO UNDERGROUND UTILITY LINES OR UNDERGROUND FACILITIES IN THE EXCAVATION AREA;
TO AMEND SECTION 77-13-11, MISSISSIPPI CODE S.
B.
No.
2102 *SS36/R497SG* ~ OFFICIAL ~ G1/2 23/SS36/R497SG PAGE 1 OF 1972, TO PROVIDE THAT ANY MISREPRESENTATION OF AN EMERGENCY EXCAVATION OR OF AN IMPENDING EMERGENCY CONSTITUTES A VIOLATION OF THIS ACT;
TO AMEND SECTION 77-13-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF AN OPERATOR BRINGS A LAWSUIT TO ENFORCE THE PROVISIONS OF THIS SECTION, THE PREVAILING PARTY SHALL BE AWARDED LEGAL COSTS, EXPENSES AND FEES;
(b) "Approximate location of underground utility lines or underground facilities" means information about an operator's underground utility lines or underground facilities which is provided to a person by an operator and must be accurate within S.eighteen (18) inches measured horizontally from the outside edge of each side of such operator's facility, or a strip of land eighteen (18) inches either side of the operator's field mark, or the marked width of the facility or line plus eighteen (18) inches on each side of the marked width of the facility or line.
B.
No.
2102 *SS08/R497CS.1* ~ OFFICIAL ~ G1/2 23/SS08/R497CS.1 PAGE 1 eighteen (18) inches measured horizontally from the outside edge of each side of such operator's facility, or a strip of land eighteen (18) inches either side of the operator's field mark, or the marked width of the facility or line plus eighteen (18) inches on each side of the marked width of the facility or line.
(e) "Commission" means the Mississippi Public Service Commission.
(f) "Damage" means the substantial weakening of structural or lateral support of underground utility lines and underground facilities, penetration or destruction of any protective coating, housing or other protective devices of an underground utility line or underground facility, and the partial or complete severance of any underground utility line or underground facility, but does not include any operator's abandoned facility.
(g) "Design Information Request" means a notification made to Mississippi 811, Inc., by a person providing professional services and making a request in preparation for bidding, preconstruction engineering, or other advance planning efforts that do not involve excavation.
A design information services request may not be used for excavation purposes.
2102 *SS08/R497CS.1**SS36/R497SG* ~ OFFICIAL ~ 23/SS08/R497CS.123/SS36/R497SG PAGE 2 (h)(e) "Emergency"Commission" excavation" means excavationthe atMississippi timesPublic ofService emergencyCommission. involving imminent danger to life, health or property or a customer service outage.
(f) "Damage" means the substantial weakening of structural or lateral support of underground utility lines and underground facilities, penetration or destruction of any protective coating, housing or other protective devices of an underground utility line or underground facility, and the partial or complete severance of any underground utility line or underground facility, but does not include any operator's abandoned facility.
(g) "Design Information Request" means a notification made to Mississippi 811, Incorporated, by a person providing professional services and making a request in preparation for bidding, preconstruction engineering, or other advance planning efforts that do not involve excavation.
A design information services request may not be used for excavation purposes.
(h) "Emergency excavation" means excavation at times of emergency involving imminent danger to life, health or property or a customer service outage.
or (ii) an operation in which earth, rock or other material or mass of material on or belowS. the ground is moved or otherwise displaced to a depth of less than twelve (12) inches on private property by the property owner without the use of mechanical excavating equipment;
B.
No.
2102 *SS36/R497SG* ~ OFFICIAL ~ 23/SS36/R497SG PAGE 3 below the ground is moved or otherwise displaced to a depth of less than twelve (12) inches on private property by the property owner without the use of mechanical excavating equipment;
or (iv) routine railroad maintenance activities conducted within the track structure, drainage ditches, or within the railroad right-of-way a distance not to exceed thirty (30) feet from the outside rail of the outermost track or tracks, provided this work is performed by railroad employees or railroad contractors and is carried out with reasonable care so as to protect any underground facilities properly installed in the railroad right-of-way by agreement with S.the railroad;
or (v) routine activities of a cemetery, provided that for any cemetery that begins or expands after July 1, 2015, such activities occur only after initial notice is provided to Mississippi 811, Incorporated, and all affected operators have advised that there are no underground facilities within the boundaries of the subject cemetery;
or (vi) routine maintenance activities carried out by or for those responsible for publicly maintained roadways and rights-of-way, provided that the activities occur entirely within the public right-of-way and do S.
2102 *SS08/R497CS.1**SS36/R497SG* ~ OFFICIAL ~ 23/SS08/R497CS.123/SS36/R497SG PAGE 34 not penetrate the railroad;earth to a depth of more than twelve (12) inches and are carried out with reasonable care so as to protect any underground facilities placed in the right-of-way.
or (v) routine activities of a cemetery, provided that for any cemetery that begins or expands after July 1, 2015, such activities occur only after initial notice is provided to Mississippi 811, Inc., and all affected operators have advised that there are no underground facilities within the boundaries of the subject cemetery;
or (vi) routine maintenance activities carried out by or for those responsible for publicly maintained roadways and rights-of-way, provided that the activities occur entirely within the public right-of-way and do not penetrate the earth to a depth of more than twelve (12) inches and are carried out with reasonable care so as to protect any underground facilities placed in the right-of-way.
(k) "Mark" means the use of stakes, paint or other clearly identifiable materials to show the field location of underground facilities in accordance with the current color code standard of the American Public Works Association, or the uncovering or exposing of underground facilities so that the excavator may readily see the location of same, or the pointing out to the excavator of certain aboveground facilities such as, but not limited to, manhole covers, valve boxes and pipe and cable risers, which indicate the location of underground facilities.
2102 *SS08/R497CS.1**SS36/R497SG* ~ OFFICIAL ~ 23/SS08/R497CS.123/SS36/R497SG PAGE 45 (k)(l) "Mark""Mechanical meansexcavating theequipment" usemeans ofall stakes,equipment paintpowered orby otherany clearlymotor, identifiableengine, materials to show the field location of underground facilities in accordance with the current color code standard of the American Public Works Association, or thehydraulic uncovering or exposingpneumatic ofdevice undergroundused facilitiesfor soexcavating thatand theshall excavatorinclude, maybut readilynot seebe thelimited locationto, oftrenchers, same,bulldozers, orbackhoes, thepower pointingshovels, outscrapers, todraglines, theclam excavatorshells, ofaugers, certaindrills, abovegroundcable facilities such as, but not limited to, manhole covers, valve boxes and pipe plows and cableother risers,plowing-in whichor indicatepulling-in theequipment. location of underground facilities.
(l)(m) "Mechanical"Mississippi excavating811, equipment"Incorporated" means alla equipmentnonprofit poweredcorporation byorganized anyunder motor,the engine,laws orof hydraulicthe orState pneumaticof deviceMississippi usedthat forprovides excavatinga andservice shallthrough include,which buta notperson beshall limitednotify to,the trenchers,operator(s) bulldozers,of backhoes,underground powerfacilities shovels,of scrapers,plans draglines,to clamexcavate shells, augers, drills, cable and piperequest plowsmarking andof otherfacilities. plowing-in or pulling-in equipment.
Show all 138 changed lines (98 more)
(m)(n) "Mississippi 811,One-Call Inc."System, Incorporated" means a"Mississippi nonprofit811, corporationIncorporated" organizedWhenever under the lawsterm of"Mississippi theOne-Call StateSystem, ofIncorporated" Mississippiappears thatin providesthis achapter, servicethe throughterm which a person shall notifymean the"Mississippi operator(s)811, ofIncorporated" underground(o) facilities"Operator" ofmeans plansany toperson excavatewho andowns requestor markingoperates ofa facilities.utility.
(n) "Mississippi One-Call System, Inc." means "Mississippi 811, Inc." Whenever the term "Mississippi One-Call System, Inc." appears in this chapter, the term shall mean "Mississippi 811, Inc." S.
B.
No.
2102 *SS08/R497CS.1* ~ OFFICIAL ~ 23/SS08/R497CS.1 PAGE 5 (o) "Operator" means any person who owns or operates a utility.
(r)S. "Positive response information system" or "PRIS" means an automated information system operated and maintained by Mississippi 811, Inc., that allows excavators, locators, facility owners or operators, and other affected parties to enter and/or determine the status of a locate request.
(s) "Underground facility" means any underground utility lines and other items which shall be buried or placed below ground or submerged for use in connection with underground utility lines and including, but not be limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, vaults, attachments and those portions of poles below the ground.
(t) "Underground utility lines" means underground or buried cable, conduit pipes and related facilities for transportation and delivery of electricity, telecommunications (including fiber optics), water, sewage, gas, mixtures of gases, S.
2102 *SS08/R497CS.1**SS36/R497SG* ~ OFFICIAL ~ 23/SS08/R497CS.123/SS36/R497SG PAGE 6 petroleum,(r) petroleum"Positive productsResponse Information System" or hazardous,"PRIS" flammable,means toxican automated information system operated and maintained by Mississippi 811, Incorporated, that allows excavators, locators, facility owners or corrosiveoperators, liquids.and other affected parties to enter and/or determine the status of a locate request.
(s) "Underground facility" means any underground utility lines and other items which shall be buried or placed below ground or submerged for use in connection with underground utility lines and including, but not be limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, vaults, attachments and those portions of poles below the ground.
(t) "Underground utility lines" means underground or buried cable, conduit pipes and related facilities for transportation and delivery of electricity, telecommunications (including fiber optics), water, sewage, gas, mixtures of gases, petroleum, petroleum products or hazardous, flammable, toxic or corrosive liquids.
(v)S. "Working day" means a twenty-four-hour period commencing from the time the locate request is processed or entered into the system by Mississippi 811, Inc., in accordance with this chapter, excluding Saturdays, Sundays and legal holidays.
(w)B. "Impending emergency" means circumstances potentially dangerous to life, health, property or the loss of customer services, which would likely develop into an emergency, as defined in Section 77-13-11, if excavation is not initiated sooner than permitted under the standard notification requirements.
No.
2102 *SS36/R497SG* ~ OFFICIAL ~ 23/SS36/R497SG PAGE 7 (v) "Working day" means a twenty-four-hour period commencing from the time the locate request is processed or entered into the system by Mississippi 811, Incorporated, in accordance with this chapter, excluding Saturdays, Sundays and legal holidays.
(w) "Impending Emergency" means circumstances potentially dangerous to life, health, property, or loss of customer services, which would likely develop into an emergency, as defined in Section 77-13-11, if excavation is not initiated sooner than the normal notification requirements allow.
(1) In addition to complying with all other applicable regulations and requirements of federal, state, county and municipal authorities, no person shall engage in excavation of S.any kind, before meeting the notification requirements of this chapter.
B.
No.
2102 *SS08/R497CS.1* ~ OFFICIAL ~ 23/SS08/R497CS.1 PAGE 7 any kind, before meeting the notification requirements of this chapter.
maintain a clearance between any underground utility line or underground facility and the cutting edge or point of any mechanicalS. excavating equipment, taking into account the known limit of control of such cutting edge or point, as may be reasonably necessary to avoid damage to such facility;
and provide such support for underground utility lines or underground facilities in and near the excavation area, including during any backfilling operations, as may be reasonably necessary for the protection of such facilities.
(c) Except as provided in Section 77-13-11, before beginning any excavation, other than an impending emergency excavation, as defined in Section 77-13-3(w), provide not less than * * * three (3) and not more than ten (10) working days' advance written, electronic or telephonic notice of the commencement, extent, location and duration of the excavation work to Mississippi 811, Inc., so that Mississippi 811, Inc., S.
2102 *SS08/R497CS.1**SS36/R497SG* ~ OFFICIAL ~ 23/SS08/R497CS.123/SS36/R497SG PAGE 8 operator(s)mechanical mayexcavating locateequipment, andtaking markinto account the locationknown limit of undergroundcontrol utilityof linessuch andcutting undergroundedge facilitiesor inpoint, theas excavationmay area.be reasonably necessary to avoid damage to such facility;
and provide such support for underground utility lines or underground facilities in and near the excavation area, including during any backfilling operations, as may be reasonably necessary for the protection of such facilities.
(c) Except as provided in Section 77-13-11, before beginning any excavation, other than an impending emergency as defined in Section 77-13-3, provide not less than * * * three (3) and not more than ten (10) working days' advance written, electronic or telephonic notice of the commencement, extent, location and duration of the excavation work to Mississippi 811, Incorporated, so that Mississippi 811, Incorporated, operator(s) may locate and mark the location of underground utility lines and underground facilities in the excavation area.
(d) ForProvide excavations required due to an impending emergency, provide advance written, electronic or telephonic notice of the commencement, extent, location and duration of the excavation work to Mississippi 811, Inc.Incorporated, for excavations S.
For notices provided between 8:00 p.m.
and 11:59 a.m., the excavation shall commence no less than twelve (12) hours from the time notice is provided.
For notices provided between 12:00 p.m.
and 7:59 p.m., the excavation shall commence no sooner than 8:00 a.m.
on the next calendar day, to provide sufficient time for Mississippi 811, Inc., operators to locate and mark the location of underground facilities in the excavation area.
In addition to the notice required by paragraph (c) of this subsection, the excavator shall also provide contact information for a person readily available to discuss the impending emergency excavation with operators.
(e) Prior to providing the advance notice to Mississippi 811, Inc., as required by paragraph (c) of this subsection, the excavator shall pre-mark the approximate boundary S.
2102 *SS08/R497CS.1**SS36/R497SG* ~ OFFICIAL ~ 23/SS08/R497CS.123/SS36/R497SG PAGE 9 ofrequired thedue proposedto an impending emergency, that includes an excavation areastart withtime whitethat paint,is flagsnot orless stakes.than twelve (12) hours from the time of notices provided between 8:00 p.m.
Whereand an11:59 excavatora.m., pre-marksand thenot proposedsooner excavationthan area8:00 witha.m., aon single stake or other single point indicator, that excavator represents that the proposednext excavationcalendar areaday doesfor notnotices exceedprovided fiftybetween (50)12:00 feetp.m. in any direction from the pre-mark.
Inand the7:59 eventp.m., so that theMississippi location811, ofIncorporated, theoperators proposedmay excavationlocate providedand inmark the noticelocation includesof sufficientunderground detailsutility tolines enableand theunderground operatorfacilities toin locatethe sameexcavation witharea. reasonable certainty, pre-marking shall not be required.
(2)In Theaddition markingsto provided by operators and the locatewritten, requestelectronic numberor shalltelephonic onlynotice beinformation validrequired forin asubsection period(1)(c) of fourteenthis (14)section, calendar days from the dateexcavator andshall timealso theprovide locatecontact requestinformation ticketfor isa processedperson orreadily enteredavailable intoto discuss the systemimpending byemergency Mississippiexcavation 811,with Inc.operators.
(2) The markings provided by operators and the locate request number shall only be valid for a period of fourteen (14) calendar days from the date and time the locate request ticket is processed or entered into the system by Mississippi 811, Incorporated The person responsible for the excavation project shall renew the notification with Mississippi 811, Inc.,Incorporated, at least * * * three (3) and not more than * * * four (4) working days prior to this expiration date and shall continue to renew such notification in the same manner throughout the duration of the excavation.
Such renewal notice shall be valid for a period of fourteen (14) calendar days from the date and time the renewal locateS. request is processed or entered into the system by Mississippi 811, Inc.
(3) Compliance with the notice requirements of this section shall not be required of:
(a) persons plowing less than twenty-four (24) inches in depth for agricultural purposes;
(b) persons who are moving or otherwise displacing, by hand, earth, rock or other material or mass of material on or below the ground S.
2102 *SS08/R497CS.1**SS36/R497SG* ~ OFFICIAL ~ 23/SS08/R497CS.123/SS36/R497SG PAGE 10 atlocate arequest depthis ofprocessed lessor thanentered twelveinto (12)the inchessystem onby propertyMississippi they811, own;Incorporated.
(3) Compliance with the notice requirements of this section shall not be required of:
(a) persons plowing less than twenty-four (24) inches in depth for agricultural purposes;
(b) persons who are moving or otherwise displacing, by hand, earth, rock or other material or mass of material on or below the ground at a depth of less than twelve (12) inches on property they own;
(4) A person may make a written, electronic or telephonic design information request to Mississippi 811, Inc.,Incorporated, so that owners and operators of utilities may locate underground utility lines and underground facilities in the design information area.
Section 77-13-7,77-13-9, Mississippi Code of 1972, is broughtamended forward as follows:
77-13-7.
(1) Each person responsible for any excavation that results in damage to an underground utility line or underground facility, immediately upon discovery of such damage, shall notify Mississippi 811, Inc., and notify all operators of such damaged line or facility of the location of the damage and shall allow the operator reasonable time to accomplish any necessary repairs before completing the excavation in the immediate area of the damage to such line or facility.
2102 *SS08/R497CS.1**SS36/R497SG* ~ OFFICIAL ~ 23/SS08/R497CS.123/SS36/R497SG PAGE 11 (2)77-13-9. Each person responsible for any excavation that results in damage to an underground pipeline or underground facility permitting the escape of any hazardous, flammable, toxic or corrosive gas or liquid shall, immediately upon discovery of such damage, call 911 and then notify Mississippi 811, Inc., and the operator and take other action as may reasonably be necessary to protect persons and property and to minimize the hazards, until arrival of the operator's personnel and the police or fire departments.
(3)(1) ExceptEvery whereperson theowning excavatoror hasoperating fullyunderground compliedutility withlines theor provisionsunderground offacilities Sectionshall, 77-13-5upon andreceiving subsectionsadvance (1)notice andof (2)the commencement of thisexcavation, section,in eachaccordance personwith responsibleSection for77-13-5, excavationmake thatan resultsinvestigation, inand damageshall toreport anthrough undergroundthe lineuse orof undergroundthe facility,PRIS exceptthe status of the propertywork owner,performed, unlesswithin the* property* owner* isthree (3) working days from the excavator,time shallnotice beis responsibleprovided forin anyaccordance andwith allthis costschapter andto expensesMississippi incurred811, byIncorporated, to determine the operatorapproximate inlocation restoring,of correcting,its repairingunderground utility lines or replacingunderground facilities in the damagedarea lineof orthe facility.proposed excavation, and shall either:
SECTION 4.
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 77-13-5(1)(c), make an investigation, and shall report through the use of the PRIS the status of the work performed, within * * * three (3) working days from the time S.
B.
No.
2102 *SS08/R497CS.1* ~ OFFICIAL ~ 23/SS08/R497CS.1 PAGE 12 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:
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 approximateS. 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 * * * three (3) working days of the receipt of the notice.
S.
2102 *SS08/R497CS.1**SS36/R497SG* ~ OFFICIAL ~ 23/SS08/R497CS.123/SS36/R497SG PAGE 1312 (3)approximate Whenlocation an excavator, upon arriving at an excavation site, sees evidence of unmarkedthe underground utility lines or underground facilitiesfacilities. 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.
(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 * * * three (3) 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, Incorporated.
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, S.
2102 *SS08/R497CS.1**SS36/R497SG* ~ OFFICIAL ~ 23/SS08/R497CS.123/SS36/R497SG PAGE 1413 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.
(7) Upon receiving a design information request, the utility owner or operator shall within seven (7) working days from the timeS. 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 S.
2102 *SS08/R497CS.1**SS36/R497SG* ~ OFFICIAL ~ 23/SS08/R497CS.123/SS36/R497SG PAGE 1514 descriptiontime ofnotice itsis undergroundprovided utility lines and underground facilities in theaccordance areawith whichthis maychapter includeto drawingsMississippi or811, otherIncorporated, recordsrespond maintained by theone utility(1) ownerof orthe operator;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;
(8) Every person owning or operating an underground utility linelines or underground facilityfacilities shall, upon receiving advance notice of the commencement of impending emergency excavationexcavation, in accordance with Section 77-13-5(1)(d), make an investigationinvestigation, into and report through the use of the PRIS the status of the work performed, prior to the noticed time of excavation provided in accordance with this chapter, to Mississippi 811, Inc.,Incorporated, to determine the approximate location of theits underground utility linelines or underground facilityfacilities in the area of the proposed excavation, and shall either:
(a) Mark the approximate location of any underground utility lines orand underground facilities in or near the area of the excavation, so as to enable the person engaged in excavation workS. 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;
or S.
2102 *SS08/R497CS.1**SS36/R497SG* ~ OFFICIAL ~ 23/SS08/R497CS.123/SS36/R497SG PAGE 1615 (b)work Adviseto throughlocate the PRISlines thatand therefacilities arein noadvance undergroundof utilityand linesduring orthe undergroundexcavation facilitieswork, inand notify the excavationexcavator area.through the PRIS that the facilities have been marked;
SECTIONor 5.(b) Advise through the PRIS that it has no underground utility lines or underground facilities in the excavation area.
SECTION 4.
However, every person who shall engage in such emergency excavation shall take all necessary and reasonable precautions to avoid or minimize interference with or damage to existing underground utility lines and underground facilities in and near the excavation area, and shall notify Mississippi 811, Inc.,Incorporated, of the specifically designated emergency excavation as promptly as reasonably possible * * * so that operators may locate and mark the location of underground utility lines and underground facilities in the specifically designated emergency excavation area.
(2) An imminent danger to life, health, property or customer service exists whenever there is a substantial likelihood that S.
2102 *SS08/R497CS.1**SS36/R497SG* ~ OFFICIAL ~ 23/SS08/R497CS.123/SS36/R497SG PAGE 1716 (2) An imminent danger to life, health, property or customer service exists whenever there is a substantial likelihood that injury, loss of life, health or customer services, or substantial property loss could result before the person responsible for the excavation or demolition can fully comply with the notification and response procedures required in Sections 77-13-7 and 77-13-17.
(3) Any misrepresentation of either an emergency excavation as defined in Section 77-13-3(h) or of an impending emergency as defined in Section 77-13-3(w)77-13-3, shall constitute a violation of this chapter.act.
SECTION 5.
Section 77-13-7, Mississippi Code of 1972, is amended as follows:
77-13-7.
(1) Each person responsible for any excavation that results in damage to an underground utility line or underground facility, immediately upon discovery of such damage, shall notify Mississippi 811, Inc., and notify all operators of such damaged line or facility of the location of the damage and shall allow the operator reasonable time to accomplish any necessary repairs before completing the excavation in the immediate area of the damage to such line or facility.
(2) Each person responsible for any excavation that results in damage to an underground pipeline or underground facility permitting the escape of any hazardous, flammable, toxic or corrosive gas or liquid shall, immediately upon discovery of such damage, call 911 and then notify Mississippi 811, Inc., and the operator and take other action as may reasonably be necessary to S.
B.
No.
2102 *SS36/R497SG* ~ OFFICIAL ~ 23/SS36/R497SG PAGE 17 protect persons and property and to minimize the hazards, until arrival of the operator's personnel and the police or fire departments.
(3) Except where the excavator has fully complied with the provisions of Section 77-13-5 and subsections (1) and (2) of this section, each person responsible for excavation that results in damage to an underground line or underground facility, except the property owner, unless the property owner is the excavator, shall be responsible for any and all costs and expenses incurred by the operator in restoring, correcting, repairing or replacing the damaged line or facility.
(4) In the event that an operator brings a lawsuit to enforce compliance with this section, then the prevailing party in any such lawsuit shall be awarded its legal costs, expenses, and fees, including reasonable attorney's fees, incurred in connection with such lawsuit.
If more than one (1) party is found to be responsible, the costs, expenses, and fees, including reasonable attorney's fees, shall be equitably apportioned among the responsible parties.
2102 *SS08/R497CS.1**SS36/R497SG* ~ OFFICIAL ~ 23/SS08/R497CS.123/SS36/R497SG ST:
ImpendingExcavations; emergency excavation;
define,provide for impending PAGE 18 establishemergencies advance notice requirements and requireextend premarkingnotification period for.
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View plain text versions (4)
- Current version View text pdf
- As Passed the upper View text Current pdf
- Committee Substitute View text pdf
- Introduced As Introduced pdf
Amendments
2 amendments- Amendment Report for Senate Bill No. 2102 Show changes
- Committee Amendment No 1 (Adopted) (Voice Vote) Adopted Show changes
Click Show changes on an amendment above to see how it modifies the bill.
Action History
-
Approved by Governor
-
Enrolled Bill Signed
-
Enrolled Bill Signed
-
Concurred in Amend From House
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Returned For Concurrence
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Passed As Amended
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Amended
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Title Suff Do Pass As Amended
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Referred To Public Utilities
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Transmitted To House
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Passed
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Committee Substitute Adopted
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Title Suff Do Pass Comm Sub
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Referred To Energy
Sponsors
- Jr. Joel R. Carter · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 174 not signed on
Sponsors (1)
- Joel R. Carter, Jr. Republican
Co-sponsors (0)
None.
Not signed on (174)
174 members have not signed on to this bill.
Show all 174 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 17 | 0 | 0 | 0 |
| Republican | 25 | 0 | 0 | 2 |
| Democrat | 8 | 0 | 0 | 0 |
| Total | 50 | 0 | 0 | 2 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (52)
| Member | Party | Vote |
|---|---|---|
| Barnett | — | Yea |
| Blackmon | — | Yea |
| Branning | — | Yea |
| Butler A. (36th) | — | Yea |
| Butler K. (38th) | — | Yea |
| Caughman | — | Yea |
| Horhn | — | Yea |
| Jackson | — | Yea |
| Johnson | — | Yea |
| Jordan | — | Yea |
| McDaniel | — | Yea |
| Moran | — | Yea |
| Parker | — | Yea |
| Polk | — | Yea |
| Sojourner | — | Yea |
| Thompson | — | Yea |
| Turner-Ford | — | Yea |
| David Blount | Democrat | Yea |
| Derrick T. Simmons | Democrat | Yea |
| Hillman Terome Frazier | Democrat | Yea |
| Hob Bryan | Democrat | Yea |
| Joseph Thomas | Democrat | Yea |
| Rod Hickman | Democrat | Yea |
| Sarita Simmons | Democrat | Yea |
| Sollie B. Norwood | Democrat | Yea |
| Angela Burks Hill | Republican | Yea |
| Bart Williams | Republican | Yea |
| Benjamin Suber | Republican | Yea |
| Brice Wiggins | Republican | Yea |
| Briggs Hopson | Republican | Yea |
| Chad McMahan | Republican | Yea |
| Chuck Younger | Republican | Yea |
| Daniel H. Sparks | Republican | Yea |
| Dean Kirby | Republican | Yea |
| Dennis DeBar, Jr. | Republican | Yea |
| J. Walter Michel | Republican | Yea |
| Jason Barrett | Republican | Not Voting |
| Jeff Tate | Republican | Not Voting |
| Jeremy England | Republican | Yea |
| Joel R. Carter, Jr. | Republican | Yea |
| Joey Fillingane | Republican | Yea |
| Joseph M. Seymour | Republican | Yea |
| Josh Harkins | Republican | Yea |
| Kathy L. Chism | Republican | Yea |
| Kevin Blackwell | Republican | Yea |
| Lydia Graves Chassaniol | Republican | Yea |
| Michael McLendon | Republican | Yea |
| Neil S. Whaley | Republican | Yea |
| Nicole Boyd | Republican | Yea |
| Rita Potts Parks | Republican | Yea |
| Scott DeLano | Republican | Yea |
| Tyler McCaughn | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 56 | 0 | 0 | 1 |
| Democrat | 28 | 0 | 0 | 1 |
| Unaffiliated | 30 | 2 | 0 | 1 |
| Independent | 2 | 0 | 0 | 0 |
| Total | 116 | 2 | 0 | 3 |
| % of votes cast | 96% | 2% | 0% | 2% |
How each member voted (121)
| Member | Party | Vote |
|---|---|---|
| Bailey (23rd) | — | Yea |
| Bailey | — | Yea |
| Bain | — | Yea |
| Barnett | — | Yea |
| Blackmon | — | Yea |
| Boyd (19th) | — | Yea |
| Boyd (37th) | — | Yea |
| Busby | — | Yea |
| Clarke | — | Yea |
| Darnell | — | Yea |
| Gibbs | — | Yea |
| Goodin | — | Yea |
| Hopkins | — | Yea |
| Jackson | — | Yea |
| Johnson | — | Yea |
| Lancaster | — | Yea |
| McLeod | — | Yea |
| Miles | — | Yea |
| Paden | — | Yea |
| Patterson | — | Yea |
| Reynolds | — | Yea |
| Robinson | — | Yea |
| Stamps | — | Yea |
| Straughter | — | Yea |
| Thompson | — | Yea |
| Walker | — | Yea |
| Weathersby | — | Yea |
| Williamson | — | Yea |
| Young | — | Yea |
| Mr. Speaker | — | Yea |
| Bomgar | — | Nay |
| Criswell | — | Nay |
| Huddleston | — | Not Voting |
| Bo Brown | Democrat | Yea |
| Bo Brown | Democrat | Yea |
| Bob Evans | Democrat | Yea |
| Bob Evans | Democrat | Yea |
| Bryant W. Clark | Democrat | Yea |
| Carl Mickens | Democrat | Yea |
| Cedric Burnett | Democrat | Yea |
| Cheikh Taylor | Democrat | Yea |
| Christopher M. Bell | Democrat | Yea |
| Daryl Porter | Democrat | Yea |
| Earle S. Banks | Democrat | Yea |
| Gregory Holloway, Sr. | Democrat | Yea |
| Hester Jackson McCray | Democrat | Yea |
| Jeffery Harness | Democrat | Yea |
| Jeffrey Hulum III | Democrat | Yea |
| Jeramey Anderson | Democrat | Yea |
| John G. Faulkner | Democrat | Yea |
| John W. Hines, Sr. | Democrat | Yea |
| Kabir Karriem | Democrat | Yea |
| Omeria Scott | Democrat | Yea |
| Oscar Denton | Democrat | Yea |
| Otis Anthony | Democrat | Yea |
| Percy W. Watson | Democrat | Yea |
| Robert L. Sanders | Democrat | Yea |
| Ronnie C. Crudup | Democrat | Yea |
| Solomon C. Osborne | Democrat | Yea |
| Stephanie Foster | Democrat | Yea |
| Tracey T. Rosebud | Democrat | Not Voting |
| Zakiya Summers | Democrat | Yea |
| Angela Cockerham | Independent | Yea |
| Shanda Yates | Independent | Yea |
| Becky Currie | Republican | Yea |
| Bill Kinkade | Republican | Yea |
| Bill Pigott | Republican | Yea |
| Billy Adam Calvert | Republican | Yea |
| Brent Anderson | Republican | Yea |
| Brent Powell | Republican | Yea |
| C. Scott Bounds | Republican | Yea |
| Carolyn Crawford | Republican | Yea |
| Casey Eure | Republican | Yea |
| Clay Deweese | Republican | Yea |
| Dan Eubanks | Republican | Yea |
| Dana McLean | Republican | Yea |
| Donnie Bell | Republican | Yea |
| Donnie Scoggin | Republican | Yea |
| Fred Shanks | Republican | Yea |
| Gene Newman | Republican | Yea |
| Greg Haney | Republican | Yea |
| Henry Zuber III | Republican | Yea |
| Jansen Owen | Republican | Yea |
| Jason White | Republican | Yea |
| Jay McKnight | Republican | Yea |
| Jeff Hale | Republican | Yea |
| Jeffrey S. Guice | Republican | Yea |
| Jerry R. Turner | Republican | Yea |
| Jill Ford | Republican | Yea |
| Jody Steverson | Republican | Yea |
| Joey Hood | Republican | Yea |
| John Read | Republican | Yea |
| John Thomas "Trey" Lamar, III | Republican | Yea |
| Joseph Tubb | Republican | Yea |
| Karl Oliver | Republican | Yea |
| Ken Morgan | Republican | Yea |
| Kent McCarty | Republican | Yea |
| Kevin Felsher | Republican | Yea |
| Kevin Ford | Republican | Not Voting |
| Kevin Horan | Republican | Yea |
| Larry Byrd | Republican | Yea |
| Lee Yancey | Republican | Yea |
| Lester Carpenter | Republican | Yea |
| Manly Barton | Republican | Yea |
| Mark Tullos | Republican | Yea |
| Missy McGee | Republican | Yea |
| Noah Sanford | Republican | Yea |
| Price Wallace | Republican | Yea |
| Randy Rushing | Republican | Yea |
| Richard Bennett | Republican | Yea |
| Rob Roberson | Republican | Yea |
| Sam C. Mims, V | Republican | Yea |
| Sam Creekmore IV | Republican | Yea |
| Shane Aguirre | Republican | Yea |
| Stacey Hobgood-Wilkes | Republican | Yea |
| Stephen A. Horne | Republican | Yea |
| Steve Massengill | Republican | Yea |
| Timmy Ladner | Republican | Yea |
| Troy Smith | Republican | Yea |
| Vince Mangold | Republican | Yea |
| William Tracy Arnold | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 17 | 0 | 0 | 0 |
| Republican | 27 | 0 | 0 | 0 |
| Democrat | 7 | 0 | 0 | 1 |
| Total | 51 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (52)
| Member | Party | Vote |
|---|---|---|
| Barnett | — | Yea |
| Blackmon | — | Yea |
| Branning | — | Yea |
| Butler A. (36th) | — | Yea |
| Butler K. (38th) | — | Yea |
| Caughman | — | Yea |
| Horhn | — | Yea |
| Jackson | — | Yea |
| Johnson | — | Yea |
| Jordan | — | Yea |
| McDaniel | — | Yea |
| Moran | — | Yea |
| Parker | — | Yea |
| Polk | — | Yea |
| Sojourner | — | Yea |
| Thompson | — | Yea |
| Turner-Ford | — | Yea |
| David Blount | Democrat | Yea |
| Derrick T. Simmons | Democrat | Not Voting |
| Hillman Terome Frazier | Democrat | Yea |
| Hob Bryan | Democrat | Yea |
| Joseph Thomas | Democrat | Yea |
| Rod Hickman | Democrat | Yea |
| Sarita Simmons | Democrat | Yea |
| Sollie B. Norwood | Democrat | Yea |
| Angela Burks Hill | Republican | Yea |
| Bart Williams | Republican | Yea |
| Benjamin Suber | Republican | Yea |
| Brice Wiggins | Republican | Yea |
| Briggs Hopson | Republican | Yea |
| Chad McMahan | Republican | Yea |
| Chuck Younger | Republican | Yea |
| Daniel H. Sparks | Republican | Yea |
| Dean Kirby | Republican | Yea |
| Dennis DeBar, Jr. | Republican | Yea |
| J. Walter Michel | Republican | Yea |
| Jason Barrett | Republican | Yea |
| Jeff Tate | Republican | Yea |
| Jeremy England | Republican | Yea |
| Joel R. Carter, Jr. | Republican | Yea |
| Joey Fillingane | Republican | Yea |
| Joseph M. Seymour | Republican | Yea |
| Josh Harkins | Republican | Yea |
| Kathy L. Chism | Republican | Yea |
| Kevin Blackwell | Republican | Yea |
| Lydia Graves Chassaniol | Republican | Yea |
| Michael McLendon | Republican | Yea |
| Neil S. Whaley | Republican | Yea |
| Nicole Boyd | Republican | Yea |
| Rita Potts Parks | Republican | Yea |
| Scott DeLano | Republican | Yea |
| Tyler McCaughn | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 2102?
- SB 2102 is sponsored by Joel R. Carter, Jr. (Republican).
- What is the current status of SB 2102?
- This bill has been enacted into law. Introduced January 09, 2023. Enacted.
- Where can I track SB 2102?
- Track SB 2102 free on One Click Politics — get push/email alerts when it moves.
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