Kentucky Statutes 367.4913 – Duties of protection notification center — Board of directors of Kentucky Contact Center — Kentucky Contact Center to serve all counties
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(1) All protection notification centers shall:
(a) Provide locate request services during working days and provide an emergency contact number for incidents occurring outside the working day;
(b) Provide a positive response system for excavators, locators, operators, and other interested parties to determine the status of locating an underground facility;
(c) Provide any excavation request with an identification number and the names of the facility owners or operators who will be notified for each locate request;
(d) Promptly after receiving an excavation or demolition work notification from an excavator, provide to each of its affected operator members the excavator information required by KRS § 367.4911(3);
(e) Maintain a list of all its operator members, their business addresses and their business and emergency telephone numbers and provide this information in accordance with KRS § 64.012 with the county clerk of each county where the operator member has underground facilities. The county clerk shall provide this information upon request for the actual cost of providing a copy, to be paid by the requesting party to the county clerk. The county clerk shall assume no liability associated with the receipt of this information from the protection notification center or for subsequent provision of this same information to the requesting party;
(f) Make the operator members information list available to any person for inspection at its place of business without charge or provide a copy of the list to any person for any county upon request for a fee not to exceed the actual cost of providing a copy;
(g) Define and adopt policies and procedures for processing design information requests;
(h) Provide the person making a design information request a list of identified operators that will receive notification and notify those operators;
(i) Maintain the following information provided by excavators for all requests to locate facilities for at least five (5) years from the date of the request:
1. Name and phone number of the excavator or person requesting the underground facility locate;
2. Location and type of work being performed by the excavator;
3. Name and phone number of work site contact;
4. Name, address, and phone number of underground facility operators;
and
5. Estimated start date and start time of excavation;
(j) Provide contact information for the protection notification center on its Web site or pursuant to paragraph (e) of this subsection; and
(k) Provide public awareness education and damage prevention programs in the manner and amount determined by each protection notification center.
(2) The Kentucky Contact Center shall be governed by a board of directors who are elected by the membership. Board seats shall be composed of no more than twenty- one (21) voting members and six (6) nonvoting members and may be filled by representatives of the following:
(a) A natural gas provider; (b) An electric provider;
(c) A telecommunications provider; (d) A water/sewer provider;
(e) An interstate pipeline operator; (f) A municipal utility operator;
(g) A commercial excavator;
(h) An oil and gas operator; and
(i) At least one (1) but not more than six (6) advisory, nonvoting members representing the following:
1. Public Service Commission;
2. Kentucky Transportation Cabinet;
3. Home Builders Association of Kentucky;
4. National Electrical Contractors Association;
5. Associated General Contractors of Kentucky; or
6. Kentucky Association of Master Contractors.
(3) Nonvoting members shall be elected by a majority of the voting members and shall serve for one (1) year terms which expire on December 31. Nonvoting members are eligible for reappointment by a majority of the voting members.
(4) The Kentucky Contact Center’s board of directors shall establish the method to calculate the cost of service provided by the center.
(5) The Kentucky Contact Center shall serve all Kentucky counties.
Effective: January 1, 2022
History: Amended 2021 Ky. Acts ch. 80, sec. 4, effective January 1, 2022. — Amended
2015 Ky. Acts ch. 31, sec. 4, effective June 24, 2015. — Amended 2014 Ky. Acts ch.
100, sec. 4, effective July 15, 2014. — Amended 2012 Ky. Acts ch. 137, sec. 5, effective July 12, 2012. — Amended 2000 Ky. Acts ch. 222, sec. 4, effective July 14,
2000. — Created 1994 Ky. Acts ch. 425, sec. 7, effective January 1, 1995.
Legislative Research Commission Note (7/12/2012). Under the authority of KRS
7.136(1), the Reviser of Statutes has changed the internal format of this statute from the way it appeared in 2012 Ky. Acts ch. 137, sec. 5, to correct a manifest clerical or typographical error. The words in the text were not changed.
(a) Provide locate request services during working days and provide an emergency contact number for incidents occurring outside the working day;
Terms Used In Kentucky Statutes 367.4913
- Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
(b) Provide a positive response system for excavators, locators, operators, and other interested parties to determine the status of locating an underground facility;
(c) Provide any excavation request with an identification number and the names of the facility owners or operators who will be notified for each locate request;
(d) Promptly after receiving an excavation or demolition work notification from an excavator, provide to each of its affected operator members the excavator information required by KRS § 367.4911(3);
(e) Maintain a list of all its operator members, their business addresses and their business and emergency telephone numbers and provide this information in accordance with KRS § 64.012 with the county clerk of each county where the operator member has underground facilities. The county clerk shall provide this information upon request for the actual cost of providing a copy, to be paid by the requesting party to the county clerk. The county clerk shall assume no liability associated with the receipt of this information from the protection notification center or for subsequent provision of this same information to the requesting party;
(f) Make the operator members information list available to any person for inspection at its place of business without charge or provide a copy of the list to any person for any county upon request for a fee not to exceed the actual cost of providing a copy;
(g) Define and adopt policies and procedures for processing design information requests;
(h) Provide the person making a design information request a list of identified operators that will receive notification and notify those operators;
(i) Maintain the following information provided by excavators for all requests to locate facilities for at least five (5) years from the date of the request:
1. Name and phone number of the excavator or person requesting the underground facility locate;
2. Location and type of work being performed by the excavator;
3. Name and phone number of work site contact;
4. Name, address, and phone number of underground facility operators;
and
5. Estimated start date and start time of excavation;
(j) Provide contact information for the protection notification center on its Web site or pursuant to paragraph (e) of this subsection; and
(k) Provide public awareness education and damage prevention programs in the manner and amount determined by each protection notification center.
(2) The Kentucky Contact Center shall be governed by a board of directors who are elected by the membership. Board seats shall be composed of no more than twenty- one (21) voting members and six (6) nonvoting members and may be filled by representatives of the following:
(a) A natural gas provider; (b) An electric provider;
(c) A telecommunications provider; (d) A water/sewer provider;
(e) An interstate pipeline operator; (f) A municipal utility operator;
(g) A commercial excavator;
(h) An oil and gas operator; and
(i) At least one (1) but not more than six (6) advisory, nonvoting members representing the following:
1. Public Service Commission;
2. Kentucky Transportation Cabinet;
3. Home Builders Association of Kentucky;
4. National Electrical Contractors Association;
5. Associated General Contractors of Kentucky; or
6. Kentucky Association of Master Contractors.
(3) Nonvoting members shall be elected by a majority of the voting members and shall serve for one (1) year terms which expire on December 31. Nonvoting members are eligible for reappointment by a majority of the voting members.
(4) The Kentucky Contact Center’s board of directors shall establish the method to calculate the cost of service provided by the center.
(5) The Kentucky Contact Center shall serve all Kentucky counties.
Effective: January 1, 2022
History: Amended 2021 Ky. Acts ch. 80, sec. 4, effective January 1, 2022. — Amended
2015 Ky. Acts ch. 31, sec. 4, effective June 24, 2015. — Amended 2014 Ky. Acts ch.
100, sec. 4, effective July 15, 2014. — Amended 2012 Ky. Acts ch. 137, sec. 5, effective July 12, 2012. — Amended 2000 Ky. Acts ch. 222, sec. 4, effective July 14,
2000. — Created 1994 Ky. Acts ch. 425, sec. 7, effective January 1, 1995.
Legislative Research Commission Note (7/12/2012). Under the authority of KRS
7.136(1), the Reviser of Statutes has changed the internal format of this statute from the way it appeared in 2012 Ky. Acts ch. 137, sec. 5, to correct a manifest clerical or typographical error. The words in the text were not changed.