SB 447

Bill Subjects

Utilities Utility Regulatory Commission

Abstract

Provides that if an operator owning underground utility facilities and meeting other specified criteria has failed: (1) on more than three occasions in any six month period to provide, in the time prescribed by the state's 811 statute for the locating of underground utility facilities, the information or temporary facility markings required under the statute; or (2) to relocate any facilities as requested by a county executive or other local official in connection with a planned road, highway, or bridge construction project; the utility regulatory commission (IURC) may order the operator to appear before the IURC at a public hearing to present evidence and explain why the operator has failed to take the applicable action. Provides that at the hearing, the operator shall have the opportunity to present evidence and the testimony of witnesses as to why the operator has failed to take the action. Provides that if, after the hearing, the IURC determines that there is not a good faith basis for the operator's failure to take the applicable action, the IURC may issue an order placing the operator on probationary status for a period of six months, beginning with the date of the IURC's order. Provides that if at the end of the six month probationary period, the operator has failed: (1) on more than three occasions to provide, in the time prescribed by the state's 811 statute, the information or temporary markings required under the statute with respect to any underground facilities of the operator in a project area; or (2) to relocate any facilities as requested by a county executive or other local official in connection with a planned road, highway, or bridge construction project (if the initial request was made before the start date of the operator's probationary status); the IURC may require the carrier to post a performance bond in an amount not to exceed $1,000,000. Provides that the performance bond shall be posted to cover the anticipated costs of the operator's: (1) facility locating activities; or (2) relocation activities requested in connection with a planned county road, highway, or bridge construction project; during the six month period beginning on the day after the date on which the operator's probationary status ends. Provides that if during the six month period for which a performance bond is required, the operator fails to: (1) locate any underground facility of the operator in accordance with the state's 811 statute; or (2) relocate any underground facility of the operator as requested by a county executive or other local official in connection with a planned road, highway, or bridge construction project (if the initial request is made before the start date of the six month period covered by the performance bond); the IURC may order the use of the performance bond in the performance of the applicable action, to be undertaken on behalf of the operator by any lawful agent.