News
MDPC Update, Volume 4, Issue 2
The Mississippi Damage Prevention Committee (MDPC) met on Thursday, April 1. The quarterly meeting was well attended by interested stakeholders from all across the state.
John McDill, Co-Chair of the committee, welcomed the more than 70 attendees and gave a brief history of the organization. He then gave a legislative update from the recent legislative session. HB 1198 has been signed into law and includes the following provisions:
Language was added to the definition of an operator in Section 1(g) to state that “the term ‘operator’ shall not include any railroad or the Mississippi Department of Transportation.”
It should be noted that the language in Section 1 (g) in no way exempts either entity from the responsibility of calling before they dig as outlined in the current provisions of the law.
Section 2 was also amended in recognition of those operators who have unlocatable facility and are required to excavate to expose it. The amendment requires that the operator must notify the excavator “in writing or by telephone or electronic means that it can locate its underground utility lines or underground facilities in the excavation area only by excavation. If an operator can locate its underground utility lines or underground facilities in the excavation area only by excavation and has given proper notice of such, that operator shall be allowed a reasonable amount of additional time, not to exceed two (2) additional working days, to mark the approximate location of the underground utility lines or underground facilities.”
There was considerable discussion as to how this amendment would work and whether or not it was placing undue burden on the excavator especially if not notified in a timely fashion that the locate could not be performed in the regular two working days. This issue will be monitored to determine any weaknesses in the language for future consideration.
Another amendment to the law was the addition of Section 3. This section states that “any operator, who suffers damages as a result of not participating as a member of Mississippi 811, Inc., waives the right to recover damages to the operator’s underground facilities from the excavator if the excavator complied with the provisions of this chapter. The provisions of this section shall not apply to any municipality, as defined in Section 17-1-1 that owns or operates a utility.”
Following the legislative update, there was discussion about the need to create a formal board of directors for the committee. In addition to the board, by-laws would be created to ensure that members and stakeholders could understand their roles in keeping Mississippi a safer place to live and work.
The nine elements of a stronger damage prevention program clearly points out other unresolved issues that will have to be addressed. Issues such as white lining, positive response, and effective enforcement will provide an opportunity for stakeholders in Mississippi to present their unique perspectives so as to create a program that is both measurable and effective for our state.
To learn more about the mission and vision of the MDPC, the next meeting date, or to look at HB1198 in its entirety, go to www.msdamageprevention.com.
