Bill Text: OR SB550 | 2013 | Regular Session | Introduced

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Bill Title: Relating to excavations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB550 Detail]

Download: Oregon-2013-SB550-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3599

                         Senate Bill 550

Sponsored by Senator PROZANSKI

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Changes, for purposes of notifying operator of underground
facility of proposed excavation, definition of 'excavation' to
exclude use of hand tools or any other noninvasive method that
moves or displaces earth, rock or other material.

                        A BILL FOR AN ACT
Relating to excavations; amending ORS 757.542.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 757.542 is amended to read:
  757.542. As used in ORS 757.542 to 757.562 and 757.993:
  (1) 'Business day' means any 24-hour day other than a Saturday,
Sunday or federal or state legal holiday.
  (2) 'Damage' means harm to or destruction of underground
facilities including, but not limited to, the weakening of
structural, lateral or subjacent support; the penetration,
impairment or destruction of any coating, housing or other
protective device; and the denting of, penetration into or
severance of underground facilities.
  (3) { + (a) + } 'Excavation' means any operation in which
earth, rock or other material on or below the ground
 { + surface + } is moved or
  { - otherwise - }  displaced by any means { + . + }   { - ,
except sidewalk, road and ditch maintenance less than 12 inches
in depth that does not lower the road grade or original ditch
flow line. - }
   { +  (b) + } 'Excavation' does not include { + :
  (A) + } The tilling of soil for agricultural purposes conducted
on   { - private - }  property that is not within the boundaries
of a recorded right of way or easement for underground facilities
 { - . - }  { + ; + }
   { +  (B) Sidewalk, road or ditch maintenance that:
  (i) Moves or displaces earth, rock or other material up to a
depth, as measured from the ground surface, that is no greater
than 12 inches; and
  (ii) Does not lower the road grade or original ditch flow line;
or
  (C) The use of hand tools or any other noninvasive method that
moves or displaces earth, rock or other material. + }
  (4) 'Excavator' means any person who engages in excavation.

  (5) 'Operator' means any person, public utility, municipal
corporation, political subdivision of the state or other person
with control over underground facilities.
  (6) 'Underground facilities' means items partially or entirely
below the surface of the ground for use in connection with the
storage or conveyance of electrical energy, water, sewage,
petroleum products, gas, gaseous vapors or hazardous liquids, or
the transmission of electronic, telephonic, telegraphic or cable
communications. Such items include, but are not limited to,
pipes, sewers, conduits, cables, valves, lines, wires, manholes,
attachments and those parts of poles or anchors that are
underground.
  (7) 'Unlocatable underground facilities' means underground
facilities that cannot be marked with reasonable accuracy,
including nonconductive sewers and nonmetallic underground
facilities that have no trace wires.
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