HB 1122 IN

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Became Law

Amends the law governing demolitions and excavations in the area of underground facilities as follows: (1) Provides that for purposes of required notifications regarding excavation or demolition: (A) the time of receipt of a notice is the time as observed in Indianapolis ("prevailing time"); and (B) a "working day" is the period of time beginning at 7 a.m. and ending at 6 p.m. prevailing time. (2) Defines the "tolerance zone" of a physical plant for purposes of the clearance that must be maintained between the physical plant and an excavation or demolition. (3) Provides that the route or boundary of a proposed excavation or demolition may be marked by electronic means approved by the Indiana Underground Plant Protection Service (association). (4) Requires documentation of required actions through submission of electronic positive responses to the association. (5) Provides that: (A) notice of intent to conduct an excavation or demolition must be received by the association not more than 10 calendar days (rather than 20 calendar days, under current law) before the commencement of the work; and (B) a notice is considered received by the association at the prevailing time the association receives the notice from the person responsible for the excavation or demolition. (6) Provides that a notice of intent to conduct an excavation or demolition may specify a starting date and time of the excavation or demolition, which may not be later than 10 days after the time of the association's receipt of the notice, and that required notifications, communication, and marking with regard to the excavation or demolition must be completed not later than: (A) the starting date and time specified in the notice, if the notice specifies a starting date and time; or (B) 7 a.m. prevailing time on the next working day that follows the elapse of two full working days after the association's receipt of the notice; whichever is later. (7) Provides that a notice of intent to conduct an excavation or demolition expires at 11:59 p.m. prevailing time 20 days after the date the notice is submitted to the association. (8) Requires that the association develop and implement guidelines to provide notice to an operator regarding the association's receipt of a notice of intent of: (A) an excavation or demolition; or (B) preliminary engineering studies or construction planning activities; at the prevailing time the association receives the notice of intent. (9) Requires a person responsible for an emergency excavation or demolition to provide notice to the association in the manner prescribed by the association. (Under current law, notice of an emergency excavation or demolition must be provided orally.) Makes technical corrections.

• Dale DeVon Republican · author
• Blake Doriot Republican · sponsor
• David Niezgodski Democratic · sponsor

1. Jan 8, 2024 Authored by Representative DeVon · lower
2. Jan 8, 2024 First reading: referred to Committee on Utilities, Energy and Telecommunications · lower
3. Jan 22, 2024 Representative Negele added as coauthor · lower
4. Jan 23, 2024 Committee report: amend do pass, adopted · lower
5. Jan 25, 2024 Second reading: ordered engrossed · lower
6. Jan 29, 2024 Senate sponsors: Senators Doriot and Niezgodski · lower
7. Jan 29, 2024 Third reading: passed; Roll Call 60: yeas 97, nays 0 · lower
8. Jan 30, 2024 Referred to the Senate · lower
9. Feb 5, 2024 First reading: referred to Committee on Utilities · upper
10. Feb 15, 2024 Senator Koch added as cosponsor · upper
11. Feb 19, 2024 Committee report: do pass, adopted · upper
12. Feb 22, 2024 Second reading: ordered engrossed · upper
13. Feb 26, 2024 Third reading: passed; Roll Call 191: yeas 49, nays 0 · upper
14. Feb 27, 2024 Returned to the House without amendments · upper
15. Mar 4, 2024 Signed by the Speaker · lower
16. Mar 5, 2024 Signed by the President Pro Tempore · upper
17. Mar 8, 2024 Signed by the President of the Senate · upper
18. Mar 11, 2024 Signed by the Governor · executive
19. Mar 11, 2024 Public Law 53 · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled House Bill (H) · PDF
• House Bill (H) · PDF
• House Bill (S) · PDF
• Introduced House Bill (H) · PDF