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Act 41 - Mandatory Membership

ACT 41 amends certain definitions and notice requirements in the Underground Facilities Damage Prevention Act and repeals Arkansas Code 14-271-105.

Section 1. Arkansas Code 14-271-102(8), concerning the definition of "operator", is amended to read as follows:

(8) "Operator" means any person that owns or operates an underground facility;

Section 2. Arkansas Code 14-271-102(9), concerning the definition of "person", is amended to read as follows:

(9) "Person" means any individual, any corporation, partnership, association, improvement district, property owners association, property developer, public agency, or any other entity organized under the laws of any state or any subdivision or instrumentality of a state, and any employee, agent, or legal representative thereof;

Section 3. Arkansas Code 14-271-102(13), concerning the definition of "underground facility", is amended to read as follows:

(13)(A) "Underground facility" means any line, system, and appurtenance or facility that is:

(i) Located beneath the ground surface or beneath structures, streets, roads, alleys, sidewalks, or other public rights of way; and
(ii) Used for producing, storing, conveying, transmitting, or distributing communications, data, electricity, gas, heat, water, steam, chemicals, television or radio transmissions or signals or sewage,.

(B) “Underground facility” does not include:

(i) Privately-owned service lines:

(a) Used solely for the purpose of transporting communications, data electricity, gas, heat, water, steam, chemicals, television or radio transmissions or signals, or sewage for the operation of a residence or business; and
(b) Wholly located on or beneath private property; or

(ii) Residential or agricultural underground irrigation systems;

Section 4. Arkansas Code 14-271-109(b), concerning exemptions to notice requirements, is amended to read as follows:

(b)(1) Compliance with notice requirements of § 14-271-112 is not required of persons responsible for repair or restoration of service, or to ameliorate an imminent danger to life, health, property, or public safety.

(2) However, those persons shall give, as soon as practicable, oral notice of the emergency excavation or demolition to the One Call Center and request emergency assistance from the One Call Center in locating and providing immediate protection to its underground facilities.
(3) An imminent danger to life, health, property, or public safety exists whenever there is a substantial likelihood that loss of life, health, or property will result before the procedures under § 14-271-112 can be fully complied with.

Section 5. Arkansas Code 14-271-110(a)(2)(A), concerning location identification, is amended to read as follows:

(2)(A) Unless otherwise agreed to between the excavators and the operator, within two (2) working days after notification from the One Call Center, the operator shall identify the approximate location of the facilities by field-marking on the surface by paint, dye, stakes, or any other clearly visible marking which designates the horizontal course of the facilities.
(B) If the operator has no facilities in the area, the operator shall so inform the person proposing the activity, either by contacting that person or by leaving such information at the site.

Section 6. Arkansas Code 14-271-105 is repealed.