HB1060

                              First Regular Session
       
                           Sixty-second General Assembly

LLS NO. 99-0310.01 Julie Hoerner HOUSE BILL 99-1060

                                    STATE OF COLORADO

       BY REPRESENTATIVE Allen

       BUSINESS AFFAIRS & LABOR


                                                           A BILL FOR AN ACT

101  CONCERNING THE PAYMENT OF COSTS BY OWNERS FOR LOCATING UTILITY

102  LINES.

                                                                   Bill Summary

                   (Note:    This    summary    applies    to    this    bill    as    introduced    and   does
       not       necessarily      reflect      any      amendments      that      may      be      subsequently
       adopted.)

                   Requires     the     owner     or     operator    of    an    underground    facility    that
       houses    utility    lines    to    pay    for    marking    the    location    of    the   underground
       facility.



    1  Be it enacted by the General Assembly of the State of Colorado:

    2              SECTION     1.     9-1.5-103     (4)     (a),     Colorado     Revised     Statutes,     is

    3  amended to read:

    4              9-1.5-103.      Plans     and     specifications     -     notice     of     excavation     -

    5 duties     of     excavators    -    duties    of    owners    and    operators.    (4)    (a)    Any

    6  owner     or     operator     receiving     notice     pursuant     to    subsection    (3)    of    this

    7  section    shall,    AT    THE    OWNER    OR    OPERATOR'S    EXPENSE,   advise   the

    8  excavator     of    the    location    and    size    of    any    underground    facilities    in    the

    9  proposed     excavation     area    by    marking    the    location    of    the    facilities    with

10  clearly     identifiable     markings     within    eighteen    inches    horizontally    from    the

11  exterior     sides     of     any     such     facilities.     Such    markings    shall    include    the



       [ ] denotes HOUSE amendment. { } denotes SENATE amendment.

       Capital letters indicate new material to be added to existing statute.

       Dashes through the words indicate material to be deleted from existing statute.

       Page 2

    1  depth,    if    known,   and   shall   be   made   pursuant   to   the   uniform   color   code   as

    2  approved    by    the    utility    location    and    coordinating    council   of   the   American

    3  public      works      association.      In     the     event     any     person     is     involved     in

    4  excavating     across     a     preexisting     underground    facility,    the    owner    of    such

    5  facility     shall,     upon     a     predetermined     agreement     at     the     request    of    the

    6  excavator or the owner, provide on-site assistance.

    7              SECTION     2.    Effective    date.    This    act    shall    take    effect    July    1,

    8  1999.

    9              SECTION     3.     Safety     clause.    The    general    assembly    hereby    finds,

10  determines,     and     declares     that     this     act     is    necessary    for    the    immediate

11  preservation of the public peace, health, and safety.