Report Title:

PUC; One-call System; Underground Facilities


Requires the PUC to establish a one-call system to identify the location of underground utilities.


S.B. NO.









relating to public utilities.



SECTION 1. Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§269- One-call system. (a) The commission shall establish or authorize an independent entity to establish and maintain a one-call system, before January 1, 2004, to identify the location of underground facilities. All owners of underground facilities shall subscribe to the service.

(b) Before commencing any excavation, an excavator shall provide notice of the scheduled commencement of excavation to the one-call system. All underground facilities shall be identified through the one-number locator service. The notice shall be communicated to the one-call system not less than two business days or more than ten business days before the scheduled date for commencement of excavation, unless otherwise agreed by the parties.

Upon receipt of the notice provided for in this section, the excavator shall obtain reasonably accurate information as to locatable underground facilities by surface-marking the location of the facilities. Excavators shall have the right to receive compensation from the owner of the underground facility for costs incurred if the owner of the underground facility does not locate its facilities in accordance with this section. The owner of the underground facility shall have the right to receive compensation from the excavator for costs incurred in responding to excavation notices given less than two business days prior to the excavation.

Emergency excavations shall be exempt from the time requirements for notification provided in this section. If the excavator, while performing the contract, discovers underground facilities that are not identified, the excavator shall cease excavating in the vicinity of the facility and immediately notify the one-number locator service.

(c) Unless the context clearly requires otherwise, as used in this section:

"Business day" means any day other than Saturday, Sunday, or a legal state or federal holiday.

"Emergency" means: any condition constituting a clear and present danger to life or property; or a customer service outage.

"Excavation" means any operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced by any means, except the tilling of soil less than twelve inches in depth for agricultural purposes, or road and ditch maintenance that does not change the original road grade or ditch flowline.

"Excavator" means any person who engages directly in excavation.

"Marking" means the use of stakes, paint, or other clearly identifiable materials to show the field location of underground facilities, in accordance with the current color code standard of the American public works association. Markings shall include identification letters indicating the specific type of the underground facility.

"One—number locator service" means a service through which a person can notify utilities and request field-marking of underground facilities.

"Reasonably accurate" means location within twenty-four inches of the outside dimensions of both sides of an underground facility.

"Underground facility" means any item buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, cablevision, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other substances and including but not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, and those parts of poles or anchors below ground.

(d) The commission may adopt rules pursuant to chapter 91 to implement this section."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.