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2000 SESSION

003321404
SENATE JOINT RESOLUTION NO. 75
Offered January 17, 2000
Establishing a joint subcommittee to study the status and implementation of the Virginia Underground Utility Damage Prevention Act.
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Patron-- Bolling
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Referred to Committee on Rules
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WHEREAS, the Virginia Underground Utility Damage Prevention Act was enacted by the General Assembly in 1979 for the purpose of avoiding direct and consequential damage resulting from digging that interferes with buried utility lines; and

WHEREAS, the Act requires persons who transport materials or services by means of buried utility lines to join area notification centers that maintain excavator-operator information exchange systems; and

WHEREAS, subject to exceptions enumerated in the Act, the Act prohibits any person from trenching, tunneling or conducting other digging activities without first notifying the area notification center; and

WHEREAS, excavators are required to wait at least 48 hours following notice to the center before commencing work, during which time the operator of an existing line within the area in which the excavator plans to dig is required to mark the location of his facilities; and

WHEREAS, the Act was amended in 1994 to charge the Virginia State Corporation Commission with enforcing the provisions of the Act effective January 1, 1995; and

WHEREAS, the implementation of various provisions the Act by the State Corporation Commission, including the Act's incident reporting requirements, have recently been the subject of criticism; and

WHEREAS, the effectiveness of the Act, relative to the burdens it imposes on operators and excavators, has not been comprehensively studied since the State Corporation Commission became responsible for enforcing the Act; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That a joint subcommittee be established to study the status and implementation of the Virginia Underground Utility Damage Prevention Act. The joint subcommittee shall be composed of seven legislative members, as follows: three members of the Senate, to be appointed by the Senate Committee on Privileges and Elections; and four members of the House of Delegates, to be appointed by the Speaker of the House in accordance with the principles of Rule 16 of the Rules of the House of Delegates.

The direct costs of this study shall not exceed $4,200.

The Division of Legislative Services shall provide staff support for the study. Technical assistance shall be provided by the State Corporation Commission. All agencies of the Commonwealth shall provide assistance to the joint subcommittee, upon request.

The joint subcommittee shall complete its work in time to submit its findings and recommendations to the Governor and the 2001 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may withhold expenditures or delay the period for the conduct of the study.