HB 0789

CS

CHAMBER ACTION

1	The Utilities & Telecommunications Committee recommends the
2	following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to damage prevention and safety for
8	underground facilities; amending s. 556.101, F.S.;
9	providing legislative intent that Sunshine State One-Call
10	of Florida, Inc., is not required or permitted to locate
11	or mark underground facilities; amending s. 556.102, F.S.;
12	redefining the term "member operator" to remove an
13	exception for a small municipality that elects not to
14	participate in the notification system; amending ss.
15	556.103 and 556.104, F.S.; deleting provisions exempting a
16	small city from membership in the Sunshine State One-Call
17	of Florida, Inc.; amending s. 556.105, F.S.; requiring
18	that specified information be placed in the excavation
19	notification system; providing an exception for underwater
20	excavations; providing that the information is valid for
21	30 calendar days; requiring that a notification number
22	assigned to an excavator be provided to a law enforcement
23	officer, government code inspector, or code enforcement
24	officer upon request; requiring that a member operator
25	respond to the system within a specified time indicating
26	the status of its facility protection operations;
27	requiring the corporation to establish a communication
28	system between member operators and excavators; requiring
29	an excavator to verify the system's positive responses
30	before beginning excavation; requiring operators to use a
31	specified color-code manual; amending s. 556.106, F.S.;
32	providing that the notification system has no duty to and
33	may not mark or locate underground facilities; providing
34	that a person has no right of recovery against the
35	notification system for failing to mark or locate
36	underground facilities; providing that the system is not
37	liable for the failure of a member operator to comply with
38	the requirements of the act; amending s. 556.107, F.S.;
39	correcting cross-references; providing for the
40	distribution of civil penalties; revising procedures for
41	disposition of citations; authorizing the corporation to
42	retain legal counsel to represent the corporation in
43	certain legal proceedings; amending s. 556.108, F.S.;
44	providing that certain excavations are exempt from
45	mandatory location notification if mechanized equipment is
46	not used; exempting pest control services and certain
47	activities by a water control district under certain
48	circumstances; providing an effective date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1.  Section 556.101, Florida Statutes, is amended
53	to read:
54	556.101  Short title; legislative intent.--
55	(1)  This act may be cited as the "Underground Facility
56	Damage Prevention and Safety Act."
57	(2)  It is the intent of the Legislature to provide access
58	for excavating contractors and the public to provide
59	notification to the system of their intent to engage in
60	excavation or demolition. This notification system shall provide
61	the member operators an opportunity to identify and locate their
62	underground facilities. Under this notification system, Sunshine
63	State One-Call of Florida, Inc., is not required or permitted to
64	locate or mark underground facilities.
65	(3)  It is the purpose of this act to:
66	(a)  Aid the public by preventing injury to persons or
67	property and the interruption of services resulting from damage
68	to an underground facility caused by excavation or demolition
69	operations.
70	(b)  Create a not-for-profit corporation comprised of
71	operators of underground facilities in this state to administer
72	the provisions of this act.
73	(c)  Fund the cost of administration through contributions
74	from the member operators for services provided to the member
75	operators and from charges made to others for services requested
76	and provided, such as record searches, education or training,
77	and damage prevention activities.
78	(d)  Reserve to the state the power to regulate any subject
79	matter specifically addressed in this act.
80	(e)  Permit any local law enforcement officer, local
81	government code inspector, or code enforcement officer or
82	permitting agency inspector to enforce this act without the need
83	to incorporate the provisions of this act into any local code or
84	ordinance.
85	(4)  It is not the purpose of this act to amend or void any
86	permit issued by a state agency for placement or maintenance of
87	facilities in its right-of-way.
88	Section 2.  Subsection (8) of section 556.102, Florida
89	Statutes, is amended to read:
90	556.102  Definitions.--As used in this act:
91	(8)  "Member operator" means any person who furnishes or
92	transports materials or services by means of an underground
93	facility except a small municipality that has elected not to
94	participate in the one-call notification system in the manner
95	set forth in s. 556.103(1).
96	Section 3.  Subsection (1) of section 556.103, Florida
97	Statutes, is amended to read:
98	556.103  Creation of the corporation; establishment of the
99	board of directors; authority of the board; annual report.--
100	(1)  The "Sunshine State One-Call of Florida, Inc." is
101	hereby created as a not-for-profit corporation. Each operator of
102	an underground facility in this state shall be a member of the
103	corporation and shall use and participate in the system, except
104	that a small city as defined in s. 120.52 may elect by January
105	1, 1998, not to participate in the system until January 1, 2003,
106	through a written notification identifying any reasons for
107	declining membership. The corporation shall be formed by June 1,
108	1993. The corporation shall administer the provisions of this
109	act. The corporation shall exercise its powers through a board
110	of directors established pursuant to this section.
111	Section 4.  Section 556.104, Florida Statutes, is amended
112	to read:
113	556.104  Free-access notification system.--The corporation
114	shall maintain a free-access notification system. Any person who
115	furnishes or transports materials or services by means of an
116	underground facility in this state shall participate as a member
117	operator of the system except that a small city as defined in s.
118	120.52 may elect not to participate in the system in the manner
119	set forth in s. 556.103(1). The purpose of the system is to
120	receive notification of planned excavation or demolition
121	activities and to notify member operators of the such planned
122	excavation or demolition activities. The system shall provide a
123	single toll-free telephone number within this state which
124	excavators can use to notify member operators of planned
125	excavation or demolition activities, and the system may also
126	provide additional modes of access at no cost to the user.
127	Section 5.  Section 556.105, Florida Statutes, is amended
128	to read:
129	556.105  Procedures.--
130	(1)(a)  Not less than 2 nor more than 5 full business days
131	before beginning any excavation or demolition, except an
132	excavation beneath the waters of the state, an excavator shall
133	provide the following information through the system:
134	1.  The name of the individual who provided notification
135	and the name, address, including the street address, city,
136	state, zip code, and telephone number of her or his employer.
137	2.  The name and telephone number of the representative for
138	the excavator, and a valid electronic address to facilitate a
139	positive response by the system should be provided, if
140	available.
141	3.  The county, the city or closest city, and the street
142	address or the closest street, road, or intersection to the
143	location where the excavation or demolition is to be performed,
144	and the construction limits of the excavation or demolition.
145	4.  The commencement date and anticipated duration of the
146	excavation or demolition.
147	5.  Whether machinery will be used for the excavation or
148	demolition.
149	6.  The person or entity for whom the work is to be done.
150	7.  The type of work to be done.
151	8.  The approximate depth of the excavation.
152	(b)  The excavator shall provide the such information by
153	notifying the system through its free-access notification system
154	during business hours, as determined by the corporation, or by
155	such other method as authorized by the corporation. Any
156	notification received by the system at any time other than
157	during business hours shall be considered to be received at the
158	beginning of the next business day.
159	(c)  Information provided by an excavator is shall be
160	considered valid for 30 a period of 20 calendar days after the
161	each date such information is provided to the system. In
162	computing the period for which information furnished is
163	considered valid, the date the notice is provided is shall not
164	be counted, but the last day of the such period shall be counted
165	unless it is a Saturday, Sunday, or a legal holiday, in which
166	event, the period runs shall run until the end of the next day
167	that which is not a Saturday, Sunday, or a legal holiday.
168	(2)  Each notification by means of the system shall be
169	recorded to document compliance with this act. Such record may
170	be made by means of electronic, mechanical, or any other method
171	of all incoming and outgoing wire and oral communications
172	concerning location requests in compliance with chapter 934. The
173	Such records shall be kept for a period of 5 years and, upon
174	written request, shall be available to the excavator making the
175	request, the member operator intended to receive the request,
176	and their agents. However, custody of the records may shall not
177	be transferred from the system except under subpoena.
178	(3)  The system shall provide the person who provided
179	notification with the names of the member operators who shall
180	will be advised of the notification and a notification number
181	that which specifies the date and time of the notification.
182	(4)  The notification number provided to the excavator
183	under this section shall be provided to any law enforcement
184	officer, government code inspector, or code enforcement officer
185	upon request.
186	(5)(4)  All member operators within the defined area of a
187	proposed excavation or demolition shall be promptly notified
188	through the system, except that member operators with state-
189	owned underground facilities located within the right-of-way of
190	a state highway need not be notified of excavation or demolition
191	activities and are under no obligation to mark or locate the
192	such facilities.
193	(a)  When an excavation site cannot be described in
194	information provided under subparagraph (1)(a)3. with sufficient
195	particularity to enable the member operator to ascertain the
196	excavation site, and if the excavator and member operator have
197	not mutually agreed otherwise, the excavator shall premark the
198	proposed area of the excavation before a member operator is
199	required to identify the horizontal route of its underground
200	facilities in the proximity of any excavation. However,
201	premarking is not required for any excavation that is over 500
202	feet in length and is not required where the premarking could
203	reasonably interfere with traffic or pedestrian control.
204	(b)  If a member operator determines that a proposed
205	excavation or demolition is in proximity to or in conflict with
206	an underground facility of the member operator, except a
207	facility beneath the waters of the state, which is governed by
208	paragraph (c), the member operator shall identify the horizontal
209	route by marking to within 24 inches from the outer edge of
210	either side of the underground facility by the use of stakes,
211	paint, flags, or other suitable means within 2 full business
212	days after the time the notification is received under
213	subsection (1). If the member operator is unable to respond
214	within such time, the member operator shall communicate with the
215	person making the request and negotiate a new schedule and time
216	that is agreeable to, and should not unreasonably delay, the
217	excavator.
218	(c)  If a member operator determines that a proposed
219	excavation is in proximity to or in conflict with an underground
220	facility of the member operator beneath the waters of the state,
221	the member operator shall identify the estimated horizontal
222	route of the underground facility, within 10 business days,
223	using marking buoys or other suitable devices, unless directed
224	otherwise by an agency having jurisdiction over the waters of
225	the state under which the member operator's underground facility
226	is located.
227	(d)  When excavation is to take place within a tolerance
228	zone, an excavator shall use increased caution to protect
229	underground facilities. The protection requires hand digging,
230	pot holing, soft digging, vacuum excavation methods, or other
231	similar procedures to identify underground facilities. Any use
232	of mechanized equipment within the tolerance zone must be
233	supervised by the excavator.
234	(6)(a)(5)(a)  An excavator shall avoid excavation in the
235	area described in the notice given under pursuant to subsection
236	(1) until each member operator underground facility has been
237	marked and located or until the excavator has been notified that
238	no member operator has underground facilities in the area
239	described in the notice, or for the time allowed for markings
240	set forth in paragraphs (5)(b) (4)(b) and (c), whichever occurs
241	first. If a member operator has not located and marked its
242	underground facilities within the time allowed for marking set
243	forth in paragraphs (5)(b) (4)(b) and (c), the excavator may
244	proceed with the excavation, if provided the excavator does so
245	with reasonable care, and if provided, further, that detection
246	equipment or other acceptable means to locate underground
247	facilities are used.
248	(b)  An excavator may shall not demolish in the area
249	described in the notice given under pursuant to subsection (1)
250	until all member operator underground facilities have been
251	marked and located, or removed.
252	(7)(a)(6)(a)  A member operator that states that it does
253	not have accurate information concerning the exact location of
254	its underground facilities is exempt from the requirements of
255	paragraphs (5)(b) (4)(b) and (c), but shall provide the best
256	available information to the excavator in order to comply with
257	the requirements of this section. An excavator is not liable for
258	any damage to an underground facility under the exemption in
259	this subsection if the excavation or demolition is performed
260	with reasonable care and detection equipment or other acceptable
261	means to locate underground facilities are used.
262	(b)  A member operator may not exercise the exemption
263	provided by this subsection if the member operator has
264	underground facilities that have not been taken out of service
265	and that are locatable using available designating technologies
266	to locate underground facilities.
267	(8)(a)(7)(a)  If extraordinary circumstances exist, a
268	member operator shall notify the system of the member operator's
269	inability to comply with this section. For the purposes of this
270	section, the term "extraordinary circumstances" means
271	circumstances other than normal operating conditions that which
272	exist and make it impractical for a member operator to comply
273	with the provisions of this act. After the system has received
274	notification of a member operator's inability to comply, the
275	system shall make that information known to excavators who
276	subsequently notify the system of an intent to excavate. The
277	member operator is relieved of responsibility for compliance
278	under the law during the period that the extraordinary
279	circumstances exist and shall promptly notify the system when
280	the extraordinary circumstances cease to exist.
281	(b)  During the period when extraordinary circumstances
282	exist, the system shall remain available during business hours
283	to provide information to governmental agencies, member
284	operators affected by the extraordinary circumstances, and
285	member operators who can provide relief to the affected parties,
286	unless the system itself has been adversely affected by
287	extraordinary circumstances.
288	(9)(a)  After receiving notification from the system, a
289	member operator shall provide a positive response to the system
290	within 2 full business days, or 10 such days for an underwater
291	excavation, indicating the status of operations to protect the
292	facility.
293	(8)(a)  If a member operator determines that the excavation
294	or demolition is not near an existing underground facility of
295	the member operator, the member operator shall notify the
296	excavator within 2 full business days after the time of the
297	notification to the system that no conflict exists and that the
298	excavation or demolition area is clear. An excavator who has
299	knowledge of the existence of an underground facility of a
300	member operator in the area is responsible for contacting the
301	member operator if a facility is not marked.
302	(b)  The system shall establish and maintain a process to
303	facilitate a positive-response communication between member
304	operators and excavators. The system is exempt from any
305	requirement to initiate a positive response to an excavator when
306	an excavator does not provide a valid electronic address to
307	facilitate a positive response by the system.
308	(c)  An excavator shall verify the system's positive
309	responses before beginning excavation. If an excavator knows
310	that an existing underground facility of a member operator is in
311	the area, the excavator must contact the member operator if the
312	facility is not marked and a positive response has not been
313	received by the system. The system shall implement procedures
314	for positive response by January 1, 2004.
315	(10)(9)  A member operator shall use the "Uniform Color
316	Code for Utilities" recommended guidelines for uniform temporary
317	marking of underground facilities as approved by the Utility
318	Location and Coordinating Council of the American Public Works
319	Association when marking the horizontal route of any underground
320	facility of the operator.
321	(11)(10)  Before Prior to or during excavation or
322	demolition, if the marking of the horizontal route of any
323	facility is removed or is no longer visible, the excavator shall
324	stop excavation or demolition activities in the vicinity of the
325	facility and shall notify the system to have the route remarked.
326	(12)(11)  If any contact with or damage to any pipe, cable,
327	or its protective covering, or any other underground facility
328	occurs, the excavator causing the contact or damage shall
329	immediately notify the member operator. Upon receiving notice,
330	the member operator shall send personnel to the location as soon
331	as possible to effect temporary or permanent repair of the
332	contact or damage. Until such time as the contact or damage has
333	been repaired, the excavator shall cease excavation or
334	demolition activities that may cause further damage to such
335	underground facility.
336	Section 6.  Subsection (2) of section 556.106, Florida
337	Statutes, is amended, present subsection (6) is redesignated as
338	subsection (7) and amended, and a new subsection (6) is added to
339	that section, to read:
340	556.106  Liability of the member operator, excavator, and
341	system.--
342	(2)(a)  If a In the event any person violates s. 556.105(1)
343	or (6)(5), and subsequently, whether by himself or herself or
344	through the person's employees, contractors, subcontractors, or
345	agents, performs an excavation or demolition that which damages
346	an underground facility of a member operator, it is shall be
347	rebuttably presumed that the such person was negligent. The Such
348	person, if found liable, is shall be liable for the total sum of
349	the losses to all member operators involved as those costs are
350	normally computed. Any damage for loss of revenue and loss of
351	use may shall not exceed $500,000 per affected underground
352	facility, except that revenues lost by a governmental member
353	operator whose, which revenues are used to support payments on
354	principal and interest on bonds may, shall not be limited. Any
355	liability of the state and its agencies and its subdivisions
356	which arises out of this chapter is shall be subject to the
357	provisions of s. 768.28.
358	(b)  If any excavator fails to discharge a duty imposed by
359	the provisions of this act, the such excavator, if found liable,
360	is shall be liable for the total sum of the losses to all
361	parties involved as those costs are normally computed. Any
362	damage for loss of revenue and loss of use may shall not exceed
363	$500,000 per affected underground facility, except that revenues
364	lost by a governmental member operator whose, which revenues are
365	used to support payments on principal and interest on bonds may,
366	shall not be limited.
367	(c)  Any liability of the state, its agencies, or its
368	subdivisions which arises out of this act is shall be subject to
369	the provisions of s. 768.28.
370	(d)  Obtaining information as to the location of an
371	underground facility from the member operator as required by
372	this act does not excuse any excavator from performing an
373	excavation or demolition in a careful and prudent manner, based
374	on accepted engineering and construction practices, and it nor
375	does not it excuse the such excavator from liability for any
376	damage or injury resulting from any excavation or demolition.
377	(e)  When an excavator knows or should know of the presence
378	of an underground facility of a nonmember small city as defined
379	in s. 120.52, he or she shall make reasonable efforts to contact
380	the small city that owns or operates that facility prior to
381	commencing an excavation or demolition.
382	(6)  The system does not have a duty to mark or locate
383	underground facilities and may not do so, and a right of
384	recovery does not exist against the system for failing to mark
385	or locate underground facilities. The system is not liable for
386	the failure of a member operator to comply with the requirements
387	of this act.
388	(7)(6)  An excavator who performs any excavation with hand
389	tools under pursuant to s. 556.108(5) is liable for any damage
390	to any operator's underground facilities damaged during such
391	excavation.
392	Section 7.  Section 556.107, Florida Statutes, is amended
393	to read:
394	556.107  Violations.--
395	(1)  NONCRIMINAL INFRACTIONS.--
396	(a)  Violations of the following provisions are noncriminal
397	infractions:
398	1.  Section 556.105(1), relating to providing required
399	information.
400	2.  Section 556.105(6) 556.105(5), relating to the
401	avoidance of excavation.
402	3.  Section 556.105(11) 556.105(10), relating to the need
403	to stop excavation or demolition.
404	4.  Section 556.105(12) 556.105(11), relating to the need
405	to cease excavation or demolition activities.
406	5.  Section 556.105(5)(b) 556.105(4)(b) and (c) relating to
407	identification of underground facilities, if a member operator
408	does not mark an underground facility, but not if a member
409	operator marks an underground facility incorrectly.
410	(b)  Any excavator or member operator who commits a
411	noncriminal infraction under paragraph (a) may be issued a
412	citation by any local or state law enforcement officer,
413	government code inspector, or code enforcement officer
414	permitting agency inspector, and the issuer of a citation may
415	require an any excavator to cease work on any excavation or not
416	start a proposed excavation until there has been compliance with
417	the provisions of this act. Citations may be issued to any
418	employee of the excavator or member operator who is directly
419	involved in the noncriminal infraction.
420	(c)  Any excavator or member operator who commits a
421	noncriminal infraction under paragraph (a) may be required to
422	appear before the county court. The civil penalty for any such
423	infraction is $250 plus fees and court costs, except as
424	otherwise provided in this section. If a citation is issued by a
425	local law enforcement officer, a local government code
426	inspector, or a code enforcement officer, 80 percent of the
427	civil penalty collected by the clerk of the court shall be
428	distributed to the local governmental entity whose employee
429	issued the citation and 20 percent of the penalty shall be
430	retained by the clerk to cover administrative costs, in addition
431	to other fees or court costs. If a citation is issued by a state
432	law enforcement officer, the civil penalty collected by the
433	clerk shall be retained by the clerk for deposit into the fine
434	and forfeiture fund established pursuant to s. 142.01. Any
435	person who fails to appear or otherwise properly respond to a
436	citation issued pursuant to paragraph (d) shall, in addition to
437	the citation, be charged with the offense of failing to respond
438	to such citation and, upon conviction, commits be guilty of a
439	misdemeanor of the second degree, punishable as provided in s.
440	775.082 or s. 775.083. A written warning to this effect shall be
441	provided at the time any citation is issued pursuant to
442	paragraph (b).
443	(d)  Any person cited for an infraction under paragraph
444	(a), unless required to appear before the county court, may:
445	1.  Post a bond, which shall be equal in amount to the
446	applicable civil penalty plus fees or court costs; or
447	2.  Sign and accept a citation indicating a promise to
448	appear before the county court.
449
450	The person issuing the citation officer may indicate on the
451	citation the time and location of the scheduled hearing and
452	shall indicate the applicable civil penalty.
453	(e)  Any person charged with a noncriminal infraction under
454	paragraph (a), unless required to appear before the county
455	court, may:
456	1.  Pay the civil penalty plus fees and court costs, in
457	lieu of appearance, either by mail or in person, within 30 10
458	days after the date of receiving the citation; or
459	2.  Forfeit bond, if a bond has been posted, by not
460	appearing at the designated time and location.
461
462	If the person cited follows either of the above procedures, she
463	or he is shall be deemed to have admitted to committing the
464	infraction and to have waived the right to a hearing on the
465	issue of commission of the infraction. The Such admission may be
466	used as evidence in any other proceeding under this act.
467	(f)  Any person electing to appear before the county court
468	or who is required to appear shall be deemed to have waived the
469	limitations on the civil penalty specified in paragraph (c). The
470	court, after a hearing, shall make a determination as to whether
471	an infraction has been committed. If the commission of an
472	infraction has been proven, the court may impose a civil penalty
473	not to exceed $5,000 plus court costs. In determining the amount
474	of the civil penalty, the court may consider previous
475	noncriminal infractions committed.
476	(g)  At a hearing under this chapter, the commission of a
477	charged infraction must be proven by a preponderance of the
478	evidence.
479	(h)  If a person is found by the hearing official to have
480	committed an infraction, the such person may appeal that finding
481	to the circuit court.
482	(i)  Sunshine State One-Call of Florida, Inc., may, at its
483	own cost, retain an attorney to assist in the presentation of
484	relevant facts and law in the county court proceeding pertaining
485	to the citation issued under this section. The corporation may
486	also appear in any case appealed to the circuit court if a
487	county court finds that an infraction of the chapter was
488	committed. An appellant in the circuit court proceeding shall
489	timely notify the corporation of any appeal under this section.
490	(2)  MISDEMEANORS.--Any person who knowingly and willfully
491	removes or otherwise destroys the valid stakes or other valid
492	physical markings described in s. 556.105(5)(b) s. 556.105(4)(b)
493	and (c) used to mark the horizontal route of an underground
494	facility commits a misdemeanor of the second degree, punishable
495	as provided in s. 775.082 or s. 775.083. For purposes of this
496	subsection, stakes or other nonpermanent physical markings are
497	considered valid for 30 20 calendar days after information is
498	provided to the system under s. 556.105(1)(c).
499	Section 8.  Subsections (4) and (5) of section 556.108,
500	Florida Statutes, are amended, and subsection (6) is added to
501	that section, to read:
502	556.108  Exemptions.--The notification requirements
503	provided in s. 556.105(1) do not apply to:
504	(4)  Any excavation of 18 inches or less for:
505	(a)  Surveying public or private property by surveyors or
506	mappers as defined in chapter 472 and services performed by a
507	pest control licensee under chapter 482, excluding marked
508	rights-of-way, marked easements, or permitted uses where marked,
509	if provided mechanized equipment is not used in the process of
510	such surveying or pest control services and the surveying or
511	pest control services are is performed in accordance with the
512	practice rules established under s. 472.027 or s. 482.051,
513	respectively; or
514	(b)  Maintenance activities performed by a state agency and
515	its employees when such activities are within the right-of-way
516	of a public road; however, provided, if a member operator has
517	permanently marked facilities on such right-of-way, no
518	mechanized equipment may not be used without first providing
519	notification; or
520	(c)  Locating, repairing, connecting, adjusting, or routine
521	maintenance of a private or public utility facility by an
522	excavator, if mechanized equipment is not used.
523	(5)  Any excavation with hand tools by a member operator or
524	an agent of a member operator for:
525	(a)  Locating, repairing, connecting, or protecting, or
526	routine maintenance of, the member operator's underground
527	facilities; or
528	(b)  The extension of a member operator's underground
529	facilities onto the property of a person to be served by such
530	facilities.
531
532	(c)  The exemption provided in this subsection paragraphs (a)
533	and (b) is limited to excavations to a depth of 30 inches if the
534	right-of-way has permanently marked facilities of a company
535	other than the member operator or its agents performing the
536	excavation.
537	(6)  Any excavation or related maintenance activity by a
538	water control district created under chapter 298 or by special
539	act if all of the following conditions are met:
540	(a)  The activity is performed by a district employee.
541	(b)  The activity is performed within a district right-of-
542	way or on district-owned lands.
543	(c)  The district has required permits for all underground
544	or underwater facilities and maintains maps and locations of
545	permitted underground or underwater facilities.
546	(d)  All member operators' facilities within district
547	rights-of-way or on district-owned lands are required to be
548	permanently marked.
549	Section 9.  This act shall take effect October 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.