2024 Regular SessionIndiana Legislature

HB1122: Underground facility protection.

Legislative Summary

Underground facility protection. Amends the law governing demolitions and excavations in the area of underground facilities as follows: (1) Provides that for purposes of required notifications regarding excavation or demolition: (A) the time of receipt of a notice is the time as observed in Indianapolis ("prevailing time"); and (B) a "working day" is the period of time beginning at 7 a.m. and ending at 6 p.m. prevailing time. (2) Defines the "tolerance zone" of a physical plant for purposes of the clearance that must be maintained between the physical plant and an excavation or demolition. (3) Provides that the route or boundary of a proposed excavation or demolition may be marked by electronic means approved by the Indiana Underground Plant Protection Service (association). (4) Requires documentation of required actions through submission of electronic positive responses to the association. (5) Provides that: (A) notice of intent to conduct an excavation or demolition must be received by the association not more than 10 calendar days (rather than 20 calendar days, under current law) before the commencement of the work; and (B) a notice is considered received by the association at the prevailing time the association receives the notice from the person responsible for the excavation or demolition. (6) Provides that a notice of intent to conduct an excavation or demolition may specify a starting date and time of the excavation or demolition, which may not be later than 10 days after the time of the association's receipt of the notice, and that required notifications, communication, and marking with regard to the excavation or demolition must be completed not later than: (A) the starting date and time specified in the notice, if the notice specifies a starting date and time; or (B) 7 a.m. prevailing time on the next working day that follows the elapse of two full working days after the association's receipt of the notice; whichever is later. (7) Provides that a notice of intent to conduct an excavation or demolition expires at 11:59 p.m. prevailing time 20 days after the date the notice is submitted to the association. (8) Requires that the association develop and implement guidelines to provide notice to an operator regarding the association's receipt of a notice of intent of: (A) an excavation or demolition; or (B) preliminary engineering studies or construction planning activities; at the prevailing time the association receives the notice of intent. (9) Requires a person responsible for an emergency excavation or demolition to provide notice to the association in the manner prescribed by the association. (Under current law, notice of an emergency excavation or demolition must be provided orally.) Makes technical corrections.

Bill History

1/8/2024
Authored by Representative DeVon
House of Representatives
1/8/2024
First reading: referred to Committee on Utilities, Energy and Telecommunications
House of Representatives
1/22/2024
Representative Negele added as coauthor
House of Representatives
1/23/2024
Committee report: amend do pass, adopted
House of Representatives
1/25/2024
Second reading: ordered engrossed
House of Representatives
1/29/2024
Senate sponsors: Senators Doriot and Niezgodski
House of Representatives
1/29/2024
Third reading: passed; Roll Call 60: yeas 97, nays 0
House of Representatives
1/30/2024
Referred to the Senate
House of Representatives
2/5/2024
First reading: referred to Committee on Utilities
Senate
2/15/2024
Senator Koch added as cosponsor
Senate
2/19/2024
Committee report: do pass, adopted
Senate
2/22/2024
Second reading: ordered engrossed
Senate
2/26/2024
Third reading: passed; Roll Call 191: yeas 49, nays 0
Senate
2/27/2024
Returned to the House without amendments
Senate
3/4/2024
Signed by the Speaker
House of Representatives
3/5/2024
Signed by the President Pro Tempore
Senate
3/8/2024
Signed by the President of the Senate
Senate
3/11/2024
Signed by the Governor
House of Representatives
3/11/2024
Public Law 53
House of Representatives

Amendments

House Utilities, Energy and Telecommunications Amendment #1

House Utilities, Energy and Telecommunications Amendment #1

1/23/2024Not Adopted

Roll Call Votes

Senate - Third reading
2/26/2024
49
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
House - Third reading
1/29/2024
97
Yea
0
Nay
1
Not Voting
2
Absent
Result: PASSED

Status Information

Current Status
Passed(3/11/2024)
Chamber
House of Representatives
Sine DiePrior Session

Documents

Enrolled
Bill Text2/28/2024276.0 KB
Comm Sub
Bill Text2/19/2024336.1 KB
Comm Sub
Bill Text1/23/2024334.1 KB
Introduced
Bill Text1/4/2024289.1 KB
Fiscal Note
Fiscal Note2/28/202451.8 KB
Fiscal Note
Fiscal Note2/26/202451.5 KB
Fiscal Note
Fiscal Note2/22/202451.6 KB
Fiscal Note
Fiscal Note2/19/202451.6 KB
Misc
Misc2/19/202449.1 KB
Misc
Misc2/15/202421.7 KB
Fiscal Note
Fiscal Note1/30/202451.5 KB
Fiscal Note
Fiscal Note1/25/202451.6 KB
Fiscal Note
Fiscal Note1/23/202451.6 KB
Misc
Misc1/23/202472.3 KB
Misc
Misc1/23/202422.4 KB
Fiscal Note
Fiscal Note1/4/202451.4 KB