COMMITTEE ON TRANSPORTATION
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2708
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 40-360.21, Arizona Revised Statutes, is amended to read:
40-360.21. Definitions
In this article, unless the context otherwise requires:
1. "Abandoned" means no longer in service and physically disconnected from a portion of the facility, or from any other facility, that is in use or still carries service.
2. "Building official" means the AGENCY OR officer employed by a political subdivision of this state and charged with the administration and enforcement of a building code to regulate the quality, type of material and workmanship of construction of buildings or structures.
3. "Careful and prudent manner" means conducting excavation in such a way that when it is within twenty‑four inches of the underground facility located and marked by the underground facilities operator, by stakes, paint or in some customary manner, the exact location is manually determined, and the uncovered facility is supported and protected.
4. "Cross culverts or similar roadway drainage facilities" means transverse drainage structures with both ends or openings visible and includes INCLUDING box culverts, drainage pipes or other covered structures.
5. "Detectible underground location device" means any device that is installed underground and that is capable of being detected from above ground with an electronic locating device.
6. "Excavation" means any operation in which earth, rock or other material in the ground is moved, removed or otherwise displaced by means or use of any tools, equipment or explosives and includes, without limitation, grading, trenching, digging, ditching, drilling, augering, boring, tunnelling, scraping, cable or pipe plowing and driving.
7. "Implied easement" means any easement or right‑of‑way on private property required to provide utility services by means of underground facilities in property of the owner requesting such service.
8. "Inactive" means:
(a) That portion of an underground facility that is not in use but is still connected to the facility, or to any other facility, that is in use or still carries service.
(b) A new underground facility that has not been connected to any portion of an existing facility.
9. "Installation records of an underground facility" means maps, drawings, diagrams, surveys, schematics, illustrations, sketches or any other depictions or descriptions of an underground facility that reflect the location at the time of installation of the underground facility and any surface extensions in a reasonably accurate manner.
10. "hOMEOWNERS' ASSOCIATION" HAS THE SAME MEANING AS IN SECTION 33‑2011.
10. 11. "Locator strip" means a type of detectible underground location device that consists of a plastic or other durable material ribbon containing a material capable of being detected from above ground with an electronic locating device and color coded by type of underground facility.
11. 12. "Locator wire" means a type of detectible underground location device that consists of a copper wire or metallic, conductive, noncorrosive trace wire capable of being detected from above ground with an electronic locating device.
12. 13. "One‑call notification center" means an organization of owners or operators of underground facilities that provides a telephone number notification service for the purpose of receiving and distributing to its members advance notifications from persons regarding planned excavations.
13. 14. "Person" means any individual, firm, joint venture, partnership, corporation, association, HOMEOWNERS' ASSOCIATION, municipality, governmental unit, department or agency and shall include any trustee, receiver, assignee or personal representative thereof.
14. 15. "Routine road maintenance grading" means the routine grading or resurfacing of the concrete, asphaltic or composite surface but not the subbase of a roadway by the state or a political subdivision of the state for the purpose of maintaining the surface condition of the road and includes recovery of material from a borrow ditch.
15. 16. "Stakes, paint or in some customary manner" means marking the location of an underground facility by the colors established by the commission. These colors shall be restricted to the underground facility location.
16. 17. "Underground facilities operator" means a public utility, municipal corporation or other person having the right to bury underground facilities in any public street, alley, right‑of‑way dedicated to the public use or utility easement or pursuant to any express or implied private property easement. Underground facilities operator does not include a homeowner OR HOMEOWNERS' ASSOCIATION that owns a sewer facility in a public street, alley, right-of-way dedicated to public use or utility easement.
17. 18. "Underground facility" means any item of personal property that is buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic, or telegraphic communications, electric energy, oil, gas or other substances, and shall include but not be limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those portions of poles and their attachments below ground except cross culverts or similar roadway drainage facilities and landscape irrigation systems of two inches in diameter or less."
Renumber to conform
Page 1, line 25, after "by" insert "carefully"
Line 32, strike "delegate" insert "assign"
Page 3, line 8, strike "and location of"
Line 12, strike "locate and"
Line 17, after the period strike remainder of line; strike lines 18 through 21, insert "This section does not obligate any person to represent that an underground sewer facility in any public street, alley, right-of-way dedicated to public use or utility easement is abandoned if it was installed on or before December 31, 2005 and it is not owned by an underground facilities operator of a sewer system."
Page 4, line 10, after the period insert "except as required by code as prescribed in sections 9-801 and 11-861, for purposes of locating an underground facility No building official or political subdivision may compel the installation of one or more clean‑outs on any underground sewer facility that is owned by another person and serves one customer where any portion of the underground sewer facility is in any public street, alley, right‑of‑way dedicated to public use, private property or easement."
Lines 18 and 19, strike "after December 31, 2005 and are" insert "after December 31, 2005 and are"
Lines 21 and 22, strike "for an underground facility installed after December 31, 2005"
Lines 25 and 26, strike "In performing the marking required"
Line 29, after the first "facility" insert a period, strike remainder of line; strike line 30