H2189B2859A05649 SFR:EJH 09/26/24 #90 A05649
AMENDMENTS TO HOUSE BILL NO. 2189
Sponsor: REPRESENTATIVE MATZIE
Printer's No. 2859
Amend Bill, page 1, line 10, by inserting after "owners,"
for duties of One Call System,
Amend Bill, page 1, line 12, by striking out the comma after
"committee" and inserting
and
Amend Bill, page 1, lines 13 and 14, by striking out "and for
expiration." and inserting
; providing for action for recovery of penalty or forfeiture;
and further providing for expiration.
Amend Bill, page 1, lines 19 and 20, by striking out ""locate
request," "minor routine maintenance"" and inserting
"locate request"
Amend Bill, page 2, line 29, by striking out the bracket
before "performing"
Amend Bill, page 3, line 7, by striking out the bracket after
"highway,"
Amend Bill, page 5, lines 6 through 14, by striking out all
of said lines
Amend Bill, page 8, by inserting between lines 4 and 5
Section 2.1. Section 3.1(d)(7) of the act is amended to
read:
Section 3.1. * * *
(d) The One Call System shall be governed by a board of
directors to be chosen by the facility owners. No less than
twenty percent of the seats on the board shall be held by
municipalities or municipal authorities. The board shall include
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all of the following:
* * *
(7) [An owner or operator or a representative] Two owners or
operators or representatives of an owner or operator of
pipelines associated with conventional oil and gas wells. The
owner or operator may be a facility owner or a pipeline owner or
operator who voluntarily submits maps of its lines or facilities
to the One Call System.
* * *
Amend Bill, page 8, line 5, by inserting after "5(2.1),"
(8),
Amend Bill, page 9, by inserting between lines 27 and 28
(8) To immediately notify 911 and the facility owner if the
damage results in the escape of any flammable, toxic or
corrosive gas or liquid [which endangers life, health or
property]. The excavator shall take reasonable measures, based
on its knowledge, training, resources, experience and
understanding of the situation, to protect themselves and those
in immediate danger, the general public, the property and the
environment until the facility owner or emergency responders
have arrived and completed their assessment and shall remain on
the work site to convey any pertinent information to responders
that may help them to safely mitigate the situation.
* * *
Amend Bill, page 11, lines 10 and 11, by striking out all of
said lines
Amend Bill, page 12, lines 15 and 16, by striking out all of
said lines and inserting
Section 4. Section 7.8(a)(2), (d) and (e)(3) of the act are
amended and the section is amended by adding subsections to
read:
Amend Bill, page 12, by inserting after line 30
(d.1) Notwithstanding any other provision of this act, the
committee shall only have the powers and duties enumerated in
subsections (b) and (c) if the committee completes its review of
an alleged violation and issues an informal determination within
270 days of the occurrence of the alleged violation.
(d.2) Notwithstanding any other provision of this act, in
acting upon an alleged violation, the committee or any of the
damage prevention investigators may not look beyond the
allegations contained in the report of the alleged violation or
otherwise seek to investigate or introduce information,
documentation or evidence extraneous to those matters listed in
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the report of alleged violation. The committee or any of the
damage prevention investigators may not take additional action
based on any information not contained in the initial report of
alleged violation.
(e) The committee shall have the following additional
duties:
* * *
(3) Submit an annual report containing relevant damage
prevention data to the commission, the Committee on Consumer
Protection and Professional Licensure of the Senate and the
Committee on Consumer Affairs of the House of Representatives.
At a minimum, each annual report must provide relevant metrics
to demonstrate how the committee's actions further the goal of
minimizing the occurrence of line hits and enhance public
safety.
Amend Bill, page 13, by inserting between lines 25 and 26
Section 5.1. The act is amended by adding a section to read:
Section 7.11. Except as otherwise provided in this act, an
action for the recovery of any penalty or forfeiture incurred
under the provisions of this act or a prosecution on account of
any matter or thing mentioned in this act may not be maintained
unless brought within three years from the date at which the
liability arose.
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