Session of 1998
By Committee on Energy and Natural Resources
            9             AN ACT amending the Kansas underground utility damage prevention
10             act; relating to certain water lines; amending K.S.A. 1997 Supp. 66-
11             1802 and repealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 66-1802 is hereby amended to read as
15       follows: 66-1802. As used in this act:
16           (a) ``Damage'' means any impact or contact with an underground fa-
17       cility, its appurtenances or its protective coating, or any weakening of the
18       support for the facility or protective housing which requires repair.
19           (b) ``Emergency'' means any condition constituting a clear and pres-
20       ent danger to life, health or property, or a customer service outage.
21           (c) ``Excavation'' means any operation in which earth, rock or other
22       material below the surface is moved or otherwise displaced by any means,
23       except tilling the soil, or railroad or road and ditch maintenance that does
24       not change the existing railroad grade, road grade and/or ditch flowline,
25       or operations related to exploration and production of crude oil or natural
26       gas, or both.
27           (d) ``Excavator'' means any person who engages directly in excavation
28       activities within the state of Kansas, but shall not include any occupant
29       of a dwelling who: (1) Uses such dwelling as a primary residence; and (2)
30       excavates on the premises of such dwelling.
31           (e) ``Facility'' means any underground line, system or structure used
32       for gathering, storing, conveying, transmitting or distributing gas, elec-
33       tricity, communication, crude oil, refined or processed petroleum, petro-
34       leum products or hazardous liquids;, or for gathering, storing, conveying,
35       transmitting or distributing water by a rural water district organized
36       pursuant to K.S.A. 82a-612 and amendments thereto. Facility shall not
37       include, any production petroleum lead lines, salt water disposal lines or
38       injection lines, which are located on unplatted land or outside the cor-
39       porate limits of any city.
40           (f) ``Marking'' means the use of stakes, paint or other clearly identi-
41       fiable materials to show the field location of underground facilities, in
42       accordance with the resolution adopted August, 1984, by the utility lo-
43       cation coordination council of the American public work association.

SB 569


  1           (g) ``Notification center'' means the statewide communication system
  2       operated by an organization which has as one of its purposes to receive
  3       notification of planned excavation in the state from excavators and to
  4       disseminate such notification of planned excavation to operators who are
  5       members and participants.
  6           (h) ``Operator'' means any person who owns or operates an under-
  7       ground facility, except for any person who is the owner of real property
  8       wherein is located underground facilities for the purpose of furnishing
  9       services or materials only to such person or occupants of such property.
10           (i) ``Preengineered project'' means a public project or a project which
11       is approved by a public agency wherein the public agency responsible for
12       the project, as part of its engineering and contract procedures, holds a
13       meeting prior to the commencement of any construction work on such
14       project in which all persons, determined by the public agency to have
15       underground facilities located within the construction area of the project,
16       are invited to attend and given an opportunity to verify or inform the
17       public agency of the location of their underground facilities, if any, within
18       the construction area and where the location of all known and under-
19       ground facilities are duly located or noted on the engineering drawing as
20       specifications for the project.
21           (j) ``Permitted project'' means a project where a permit for the work
22       to be performed must be issued by a city, county, state or federal agency
23       and, as a prerequisite to receiving such permit, the applicant must locate
24       all underground facilities in the area of the work and in the vicinity of the
25       excavation and notify each owner of such underground facilities.
26           (k) ``Person'' means any individual, partnership, corporation, associ-
27       ation, franchise holder, state, city, county or any governmental subdivision
28       or instrumentality of a state and its employees, agents or legal represen-
29       tatives.
30           (l) ``Tolerance zone'' means the area within 24 inches of the outside
31       dimensions in all horizontal directions of an underground facility.
32           (m) ``Working day'' means every day, except Saturday, Sunday or a
33       legally proclaimed local, state or federal holiday.
34           Sec. 2. K.S.A. 1997 Supp. 66-1802 is hereby repealed.
35           Sec. 3. This act shall take effect and be in force from and after its
36       publication in the statute book.