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Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20190&cosponId=27045
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Senate of Pennsylvania
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: December 14, 2018 12:27 PM
From: Senator Daniel Laughlin
To: All Senate members
Subject: Changes to the PA Underground Utility Line Protection Act (UULPA)
 
In the near future, I plan to introduce legislation to amend the Pennsylvania Underground Utility Line Protection Act (UULPA) to further encourage proper line locates and markings for thousands of mis-marked or unmarked utilities each year. My bill carves out an exemption, only under the UULPA, to the Economic Loss Doctrine.
Under current Pennsylvania law the Economic Loss Doctrine prevents a contractor from holding a facility owner liable for financial damages, unless someone is personally injured, or property is damaged. So, unless someone is killed or physically injured, or there is a vehicle, a piece of equipment or a building damaged or destroyed, the facility owners cannot be held accountable.

This legislation would simply hold facility owners liable for financial damages for stand-by time when there is no catastrophe. It is also reciprocal, in that it recognizes the facility owner’s right to hold negligent contractors liable for the costs to repair broken lines as well. It is similar to a provision in New Jersey law. Virginia, Georgia, Washington, Arizona, California, Illinois, and Florida One Call laws also include stand-by time language.

The underground industry estimates nearly 15,000 mis-marked or unmarked utilities each year. Previously, there were 6,000 reported violations to Labor & Industry. It is my belief to continue to allow a large number of mis-marked or unmarked line violations to slip through the cracks is unsafe for the employees and the public. Closing the loophole levels the playing field.

Please join me in co-sponsoring this legislation.