The document beginning on the following page represents part of their effort toward this honorable goal. The board recognizes that effective enforcement is always a work in progress, and that once the accountability process is seen as fair, it will be effective.

We recognize that the issue is one of public safety, which is a priority for all stakeholders involved. Laws that state what the expected behavior is but do not state what the consequences are for failing to follow the law will not be effective. Effective enforcement is not now, nor has it ever been, about fines. As a matter of fact, fines are always a last resort. Effective enforcement is about changing behaviors. Behavioral change comes about first and foremost as the result of education.

On the following pages, the text in black is current law. The red text is the proposed amendments. Our hope is that you will take the time to review the amendments and share your thoughts with us.

For your convenience, we’ve briefly identified the amendments for you.
• 77-13-3 (a)
Defines excavation
• 77-13-3 (r), (s), (t):
Defines new language found in 77-13-19
• 77-13-5
Adds white striping to the law
• 77-13-19:
Defines the enforcement process

You can reach us by email at mdpc@msdamageprevention.com. We look forward to hearing from you.

Chapter 13
Regulation of excavations near underground utility facilities
§ 77-13-1. Legislative intent.
It is the intent of the Legislature to protect underground utility facilities and other underground facilities from destruction or damage, in order to prevent death of or injury to persons, property damage to public and private property, and loss or interruption of essential utility services to the general public.
Sources: Laws, 1985, Ch. 494, § 1; reenacted without change, Laws, 1999, Ch. 302, § 1, eff from and after July 1, 1999.
§ 77-13-3. Definitions.

The words defined in this section shall have the following meanings when found in this chapter:
(a) “Excavate or excavation” shall mean any operation in which earth, rock or other material or mass of material on or below the ground is moved or otherwise displaced by any means, except: (i) the tilling of the soil less than twenty-four (24) inches in depth for agricultural purposes; or (ii) an operation in which earth, rock or other material or mass of material on or below the ground is moved or otherwise displaced to a depth of less than twelve (12) inches on private property by the property owner without the use of mechanical excavating equipment; or (iii) an operation in which earth, rock or other material or mass of material on or below the ground is moved or otherwise displaced without the use of mechanical excavating equipment to a depth of less than twelve (12) inches on private property by an excavator who is not the property owner, except when such excavation is in a clearly marked underground facility right-of-way; (iv) routine road or railroad maintenance activities carried out by road maintenance or railroad workers, provided that such activities occur entirely within the right of way of a public road, street, railroad, or highway; are carried out with reasonable care so as to protect any underground facilities placed in the right of way; and are carried out within the limits of any original excavation on the traveled way, shoulders, or drainage ditches of a public road, street, railroad, or highway; or (v) routine activities of a cemetery or mining operation, provided that for any cemetery or mining operation that begins or expands after July 1, 2012, such activities occur only after initial notice is provided to Mississippi 811, Inc., and all affected operators have advised that there are no underground facilities within the boundaries of the subject cemetery or mining operation. The term “excavate” shall include, but not be limited to, the operations of demolition, blasting, grading, land leveling, trenching, digging, ditching, drilling, augering, tunneling, scraping, cable or pipe plowing, driving, jacking, wrecking, razing, rending, moving or removing any structure or other material or mass of material on or below the ground.

(b) “Utility” shall mean any person who supplies, distributes or transports by means of underground utility lines or underground facilities any of the following materials or services: gas, mixture of gases, petroleum, petroleum products or hazardous, toxic, flammable or corrosive liquids, electricity, telecommunications (including fiber optics), sewage, drainage, water, steam or other substances.

(c) “Underground utility lines” shall mean underground or buried cable, conduit pipes and related facilities for transportation and delivery of electricity, telecommunications (including fiber optics), water, sewage, gas, mixtures of gases, petroleum, petroleum products or hazardous, flammable, toxic or corrosive liquids.

(d) “Underground facility” shall mean any underground utility lines and other items which shall be buried or placed below ground or submerged for use in connection with underground utility lines and including, but not be limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, vaults, attachments and those portions of poles below the ground.

(e) “Person” shall mean any individual, firm, partnership, association, trustee, receiver, assignee, corporation, entity, limited liability company, utility, joint venture, municipality, state governmental unit, subdivision or instrumentality of the state, or any legal representative thereof.

(f) “Damage” shall mean the substantial weakening of structural or lateral support of underground utility lines and underground facilities, penetration or destruction of any protective coating, housing or other protective devices of an underground utility line or underground facility, and the partial or complete severance of any underground utility line or underground facility, but does not include any operator’s abandoned facility.

(g) “Operator” shall mean any person who owns or operates a utility. However, the term “operator” shall not include any railroad or the Mississippi Department of Transportation.

(h) “Working day” shall mean twenty-four-hour period commencing from the time of receipt by Mississippi 811, Inc., of the notification in accordance with this chapter, excluding Saturdays, Sundays and legal holidays.

(i) “Mechanical excavating equipment” shall mean all equipment powered by any motor, engine, or hydraulic or pneumatic device used for excavating and shall include, but not be limited to, trenchers, bulldozers, backhoes, power shovels, scrapers, draglines, clam shells, augers, drills, cable and pipe plows and other plowing-in or pulling-in equipment.

(j) “Excavator” shall mean any person who engages directly in excavation.

(k) “Mark” shall mean the use of stakes, paint or other clearly identifiable materials to show the field location of underground facilities in accordance with the current color code standard of the American Public Works Association, or the uncovering or exposing of underground facilities so that the excavator may readily see the location of same, or the pointing out to the excavator of certain above ground facilities such as, but not limited to, manhole covers, valve boxes and pipe and cable risers, which indicate the location of underground facilities.

(l) “Mississippi One-Call System, Inc.,” shall mean “Mississippi 811, Inc.” Whenever the term “Mississippi One-Call System, Inc.,” appears in this chapter, the term shall mean “Mississippi 811, Inc.

(m) “Mississippi 811, Inc.,” shall mean a nonprofit corporation organized under the laws of the State of Mississippi that provides a service through which a person can notify the operator(s) of underground facilities of plans to excavate and request marking of facilities.

(n) “Abandoned facility” shall mean any underground utility line or underground utility facilities no longer used in the conduct of the owner/operator’s business and are not intended to be used in the future.

(o) “Emergency excavation” shall mean excavation at times of emergency involving danger to life, health or property or a customer service outage.

(p) “Approximate location” of underground utility lines or underground facilities shall mean information about an operator’s underground utility lines or underground facilities which is provided to a person by an operator and must be accurate within eighteen (18) inches measured horizontally from the outside edge of each side of such operator’s facility, or a strip of land eighteen (18) inches either side of the operator’s field mark, or the marked width of the facility or line plus eighteen (18) inches on each side of the marked width of the facility or line.

(q) “Positive response information system” or “PRIS” means an automated information system operated and maintained by Mississippi 811, Inc., that allows excavators, locators, facility owners or operators, and other affected parties to enter and/or determine the status of a locate request.

(r) “Commission” shall mean the Public Service Commission of the State of Mississippi.

(s) “Mississippi Damage Prevention Council, Inc.” shall mean a nonprofit corporation organized under the laws of the State of Mississippi that is made up of stakeholders responsible for or affected by excavation or locating, operating, or maintaining underground facilities and promotes excavation safety, prevention of damage to underground facilities, and public awareness and education programs regarding excavation safety and prevention of damage to underground facilities.

(t) “Willful” means an act done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently.

Sources: Laws, 1985, ch. 494, § 2; Laws, 1997, ch. 483, § 1; reenacted without change, Laws, 1999, ch. 302, § 2; Laws, 2008, ch. 497, § 1; Laws, 2009, ch. 382, § 1; Laws, 2010, ch. 427, § 1, eff from and after passage (approved Mar. 24, 2010.)

§ 77-13-5. Excavator’s investigation of site; notice to utility of planned excavation.

(1) In addition to complying with all other applicable regulations and requirements of federal, state, county and municipal authorities, no person shall engage in excavation of any kind, before meeting the notification requirements of this chapter. Under this chapter the excavator shall:
(a) Inform himself/herself of the presence and location of any underground utility lines and underground facilities in or near the area where excavation is to be conducted;

(b) Plan and conduct the excavation to avoid or minimize interference with or damage to underground utility lines and underground facilities in or near the excavation area; maintain a clearance between any underground utility line or underground facility and the cutting edge or point of any mechanical excavating equipment, taking into account the known limit of control of such cutting edge or point, as may be reasonably necessary to avoid damage to such facility; and provide such support for underground utility lines or underground facilities in and near the excavation area, including during any backfilling operations, as may be reasonably necessary for the protection of such facilities.

(c) Except as provided in Section 77-13-11, provide not less than two (2) and not more than ten (10) working days’ advance written, electronic or telephonic notice of the commencement, extent, location and duration of the excavation work to Mississippi One-Call System, Inc., so that Mississippi One-Call System, Inc., operator(s) may locate and mark the location of underground utility lines and underground facilities in the excavation area.

The written, electronic or telephonic notice required by this subparagraph (c) shall contain the name, address and telephone number of the person filing the notice of intent, the person responsible for the excavation, the starting date, anticipated duration, type of excavation to be conducted, the location of the proposed excavation and whether or not explosives are to be used.

(2) The markings provided by operators shall only be valid for a period of ten (10) working days from the proposed starting date provided to Mississippi One-Call System, Inc. The person responsible for the excavation project shall renew the notification with Mississippi One-Call System, Inc., at least two (2) working days prior to this expiration date and shall continue to renew such notification in the same manner throughout the duration of the excavation. Such renewal notice shall be valid for a period of ten (10) working days from the date of the expiration of the prior notification.

(3) Compliance with the notice requirements of this section shall not be required of: (a) persons plowing less than twenty-four (24) inches in depth for agricultural purposes; (b) persons who are moving or otherwise displacing, by hand, earth, rock or other material or mass of material on or below the ground at a depth of less than twelve (12) inches on property they own; and (c) persons, other than the property owner, who are moving or otherwise displacing, by hand, earth, rock or other material or mass of material on or below the ground at a depth of less than twelve (12) inches, except when such excavation is in a clearly marked underground facility right-of-way.

(4) Unless otherwise agreed by all affected operators, the excavator shall mark the route or boundary of the proposed area of excavation with stakes, flags, posts or painted or chalked lines that are white in color and are clearly visible.

Sources: Laws, 1985, ch. 494, § 3; Laws, 1997, ch. 483, § 2; reenacted without change, Laws, 1999, ch. 302, § 3; Laws, 2008, ch. 497, § 2, eff from and after July 1, 2008.

§ 77-13-7. Notification of damaged lines.

(1) Each person responsible for any excavation that results in damage to an underground utility line or underground facility, immediately upon discovery of such damage, shall notify Mississippi One-Call System, Inc., and notify all operators of such damaged line or facility of the location of the damage and shall allow the operator reasonable time to accomplish any necessary repairs before completing the excavation in the immediate area of the damage to such line or facility.

(2) Each person responsible for any excavation that results in damage to an underground pipeline or underground facility permitting the escape of any hazardous, flammable, toxic or corrosive gas or liquid that may endanger life or cause serious bodily harm or damage to property shall, immediately upon discovery of such damage, call 911 and then notify or call Mississippi One-Call System, Inc., and the operator and take all other action as may reasonably be necessary to protect persons and property and to minimize the hazards, until arrival of the operator’s personnel and the police or fire departments.

(3) Except where the excavator has fully complied with the provisions of Section 77-13-5 and subsections (1) and (2) of this section, each person responsible for excavation that results in damage to an underground line or underground facility, except the property owner, unless the property owner is the excavator, shall be responsible for any and all costs and expenses incurred by the operator in restoring, correcting, repairing or replacing the damaged line or facility.
Sources: Laws, 1985, ch. 494, § 4; Laws, 1997, ch. 483, § 3; reenacted without change, Laws, 1999, ch. 302, § 4; Laws, 2008, ch. 497, § 3; Laws, 2009, ch. 382, § 2, eff from and after July 1, 2009.

§ 77-13-9. Marking location of underground facilities; timeliness.

(1) Every person owning or operating underground utility lines or underground facilities shall, upon receiving advance notice of the commencement of excavation, in accordance with Section 77-13-7, make an investigation, and may report through the use of the PRIS the status of the work performed, within two (2) working days from the time notice is provided in accordance with this chapter to the Mississippi 811, Inc., to determine the approximate location of its underground utility lines or underground facilities in the area of the proposed excavation, and shall either: (a) mark the approximate location of underground utility lines and underground facilities in or near the area of the excavation, so as to enable the person engaged in excavation work to locate the lines and facilities in advance of and during the excavation work; (b) advise in writing or by telephone or electronic means that it has no underground utility lines or underground facilities in the excavation area; or (c) advise 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.

(2) In lieu of such marking, the operator may request to be present at the site upon commencement of the excavation, so long as the operator complies within two (2) working days of the receipt of the notice.

(3) When an excavator, upon arriving at an excavation site, sees evidence of unmarked underground utility lines or underground facilities or encounters an unmarked underground utility line or underground facility on an excavation site after excavation has commenced where notice of intent has been made in accordance with the provisions of this chapter, that excavator must immediately contact Mississippi 811, Inc. All operator(s) thus notified must contact the excavator within four (4) hours and inform the excavator of any of their known underground facilities, active or abandoned, at the site of the excavation.

(4) When marking the approximate location of the facilities, the operator shall follow the color code designated and described herein, unless otherwise provided for by specific administrative rule or regulation promulgated pursuant to this chapter, namely:
UTILITY OR TYPE OF FACILITY GROUP IDENTIFYING COLOR
Electric – Safety Red
Petroleum Product/Hazardous/
Flammable/Corrosive/Toxic
Materials, Product and Steam Lines,
Gas or Gaseous Material – High Visibility Safety Yellow
Telecommunications (including fiber optic)
and CATV - Safety Alert Orange
Potable Water – Safety Precaution Blue
Reclaimed Water, Irrigation, Slurry Lines – Purple
Sewer and Drain Lines – Safety Green
Temporary Survey Markings – High Visibility Pink
Proposed Excavation - White

(5) All utility facilities installed by owners or operators of utilities on or after January 1, 2010, shall be installed in such manner that the utility facility may be located by using a generally accepted electronic locating method.

(6) Except for emergency excavations, if, before the expiration of the two (2) working days waiting period, all identified facility owners or operators have responded to the locate request and all have indicated that their facilities are either not in conflict or have been marked as indicated through the use of the PRIS, then the person planning to perform excavation or blasting shall be authorized to commence work, subject to the other requirements of this section, without waiting the full two (2) working days.

Sources: Laws, 1985, ch. 494, § 5; Laws, 1997, ch. 483, § 4; reenacted without change, Laws, 1999, ch. 302, § 5; Laws, 2008, ch. 497, § 4; Laws, 2009, ch. 382, § 3; Laws, 2010, ch. 427, § 2, eff from and after passage (approved Mar. 24, 2010.)

§ 77-13-11. Exceptions to advance notice requirement.

(1) The advance notice provisions of this chapter shall not apply to any person making an excavation at times of emergency involving danger to life, health or property or a customer service outage. However, every person who shall engage in such emergency excavation shall take all necessary and reasonable precautions to avoid or minimize interference with or damage to existing underground utility lines and underground facilities in and near the excavation area, and shall notify as promptly as reasonably possible the operators of underground utility lines or underground facilities in and near the emergency excavation area specifically designating whether such excavation is an emergency excavation as defined herein. In the event of damage to or dislocation of any underground utility lines or underground facilities caused by any such emergency excavation work, the person responsible for the excavation shall immediately notify the operator of the damaged or dislocated underground facilities of the damage or dislocation.

(2) An imminent danger to life, health, property or customer service exists whenever there is a substantial likelihood that injury, loss of life, health or customer services, or substantial property loss could result before the person responsible for the excavation or demolition can fully comply with the notification and response procedures required in Sections 77-13-7 and 77-13-17.

Sources: Laws, 1985, ch. 494, § 6; Laws, 1997, ch. 483, § 5; reenacted without change, Laws, 1999, ch. 302, § 6, eff from and after July 1, 1999.

§ 77-13-13. Advance notice as relieving excavator of certain liabilities.

The act of giving notice in accordance with Section 77-13-5 shall relieve the notifying party of all liability to a utility should such notice be ignored or the information provided by the utility subsequent to said notice be materially inaccurate; provided, however, the act of giving advance notice and/or obtaining information as required by this chapter shall not relieve any person making excavations from doing so in a careful and prudent manner, nor shall it relieve such person from liability for any injury or damage proximately resulting from his/her negligence.

Sources: Laws, 1985, ch. 494, § 7; reenacted without change, Laws, 1999, ch. 302, § 7, eff from and after July 1, 1999.
§ 77-13-15. Notice to one-call system.

Notification to Mississippi One-Call System, Inc., as provided in Section 77-13-5, may be effected by giving notice to Mississippi One-Call System, Inc., in writing, by telephone, fax or other electronic means made available through Mississippi One-Call System, Inc.

Sources: Laws, 1985, ch. 494, § 8; Laws, 1997, ch. 483, § 6; reenacted without change, Laws, 1999, ch. 302, § 8; Laws, 2008, ch. 497, § 5, eff from and after July 1, 2008.

§ 77-13-17. Operator responsibilities.

(1) Any operator who fails to follow, abide by or comply with this chapter shall be responsible for the cost or expense the excavator shall incur as a direct result of the failure of the operator to follow, abide by or comply with the provisions of this chapter.

(2) Operators who have underground utility lines or underground facilities within the State of Mississippi shall be a member of Mississippi One-Call System, Inc.

(3) The person giving notice of the intent to excavate to Mississippi One-Call System, Inc., shall be furnished an individual reference file number for each notification and, upon request, shall be furnished the names of the operators to whom the notification will be transmitted.

(4) An adequate record of all notifications shall be maintained by Mississippi One-Call System, Inc., in order to document timely compliance with this chapter. These records shall be retained for a period of not less than four (4) years and shall be made available at a reasonable cost upon proper and adequate advance request.

(5) The services of Mississippi One-Call System, Inc., will be provided on working days as defined in Section 77-13-3(h) at least between the hours of 7:30 a.m. and 5:00 p.m.

(6) Mississippi One-Call System, Inc., will voice-record the notification telephone calls and after-hour calls will at least reach a voice recording which explains emergency notification procedures.

(7) All operators shall provide Mississippi One-Call System, Inc., the following information:
(a) A list of counties, cities and towns in which the operator has underground utility lines or underground facilities in each county.
(b) The townships, ranges, sections and quarter sections in each county in which the operator has underground utility lines or underground facilities or for other reasons wish to receive notification of proposed excavation.
(c) An update on an annual basis of each operator’s underground utility lines or underground facilities for the State of Mississippi.

Sources: Laws, 1997, ch. 483, § 7; reenacted without change, Laws, 1999, ch. 302, § 9; Laws, 2008, ch. 497, § 6, eff from and after July 1, 2008.

§ 77-13-19. Enforcement; injunctions.

(1) In addition to any other rights and remedies which a person may have, any person shall have the right to resort to and apply for injunctive relief, both temporary and permanent, in any court of competent jurisdiction to enforce compliance with the provisions of this chapter and to restrain and prevent violations and threatened violations thereof.

(2) The rights, remedies, duties, prohibitions, and penalties set forth in this chapter shall not be exclusive and shall be in addition to all other causes of action, remedies, and penalties provided by law. Nothing in this chapter shall restrict or limit civil causes of action by any person.

(3) The Mississippi Damage Prevention Council, Inc., shall appoint an advisory committee that shall serve without compensation and consist of one employee, official, or representative of each of the following interested parties:
(a) Mississippi 811, Inc.
(b) telecommunications industry
(c) excavation contractors
(d) electric power industry
(e) county agencies
(f) Mississippi Department of Transportation
(g) cable television industry
(h) rural water
(i) municipal agencies
(j) the commission’s pipeline safety division
(k) utility locators
(l) natural gas distribution
(m) liquid transmission
(n) natural gas transmission
(o) railroad industry
(p) insurance industry

(4) The member representing the commission’s pipeline safety division shall serve as chairperson of the advisory committee and shall cast a vote only in the case of a tie.

(5) The members of the advisory committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in the performance of their duties while serving as members of such advisory committee, but only in the absence of willful misconduct.

(6) The advisory committee shall assist the commission in the enforcement of this chapter as described in this section.

(7) Commission enforcement of this chapter shall follow the procedures described in this section. Nothing in this section shall otherwise limit or expand the authority of the commission.

(8) The commission is authorized to impose civil penalties as provided in this section. Civil penalties may be imposed on any person for violation of any of the provisions of this chapter regardless of whether or not such violation results in injury to people, damage to property, or the interruption of utility service.

(9) In lieu of civil penalties, the commission shall issue a warning letter for any first offense and order training for any second offense. The commission shall impose a civil penalty of $500 for failure to attend or participate in any training ordered.

(10) Civil penalties authorized in this section shall be imposed in accordance with a tiered penalty structure. The penalty for any third offense shall be $250. The penalty for any fourth offense shall be $500. The penalty for any fifth offense or greater offense shall be $1,000 each.

(11) In the event the commission determines that a person has made a good faith effort to comply with this chapter, the commission may find that no civil penalty is necessary. However, if any violation of this chapter does not result in a civil penalty, the commission shall issue a warning letter to the person describing such violation and may also recommend or require training.

(12) In the event that any person has demonstrated a pattern of willful noncompliance or in the event that the gravity of a violation warrants, the commission is authorized to double the civil penalty that would otherwise apply to a particular violation.

(13) For those instances in which training is ordered, if the person is a firm, partnership, association, corporation, limited liability company, joint venture, department or subdivision of the state or other governmental entity, or any other body or organization, the commission may require that at least one manager or supervisor thereof attend any such training.

(14) An operator of an underground facility shall not be subject to a civil penalty where a delay in marking, failure to mark, or failure to properly mark the location of an underground facility is caused by conditions beyond the reasonable control of the operator.

(15) Commission investigators shall issue findings of fact and recommended civil penalties to any person accused of a violation under this chapter. That person may accept or reject the findings of fact and recommended civil penalties. If the person rejects the findings of fact and recommended civil penalties, the advisory committee will review the alleged violation and may consider written or oral statements from any person concerning the alleged violation. The advisory committee shall then render a recommendation either supporting the investigators’ findings of fact and recommended civil penalties or substituting its own findings of fact and recommended civil penalties.

(16) If any person rejects the findings of fact and recommended civil penalties of the advisory committee, the advisory committee shall make recommendations to the commission regarding enforcement, including civil penalties, and taking into account the gravity of the violation or violations, the degree of the person’s culpability, the person’s history of prior offenses, and such other mitigating factors as may be appropriate. The commission is then authorized to adopt the recommendations of the advisory committee or to substitute its own findings of fact and civil penalties.

(17) When the person accepts the commission investigators’ findings of fact and recommended civil penalties, the investigators shall present such accepted findings of fact and recommended civil penalties to the commission. The commission is then authorized to adopt the findings of fact and recommended civil penalties of the investigators or to submit the matter for review by the advisory committee, which will then make its recommendations to be presented to the commission by the investigators.

(18) When the person accepts the advisory committee’s findings of fact and recommended civil penalties, the investigators shall present such accepted findings of fact and recommended civil penalties to the commission. The commission is then authorized to adopt the findings of fact and recommended civil penalties of the advisory committee or to substitute its own findings of fact and civil penalties.

(19) The commission is not authorized to impose a civil penalty greater than the civil penalty recommended by the advisory committee or to impose any civil penalty if the advisory committee does not recommend a civil penalty.

(20) Evidence of findings of fact, civil penalties, or any of the actions or proceedings pursuant to this section shall not be admissible in any other civil causes of action.

(21) The Underground Utility Damage Prevention Special Fund is hereby established as a revolving fund to be used by the commission for administering the enforcement of this chapter. All civil penalties ordered by the commission and collected pursuant to this section shall be deposited in the special fund created in this section. Excess funds shall be used to support public awareness programs and training and education programs for excavators, operators, line locators, and other persons to reduce the number and severity of violations of this chapter. The commission shall determine the appropriate allocation of any excess funds among such programs. At the end of each fiscal year, earned interest and unexpended monies remaining in the fund may not revert to any other fund of the state, but shall remain available for appropriations pursuant to this chapter.

Sources: Laws, 1997, ch. 483, § 8; reenacted without change, Laws, 1999, ch. 302, § 10, eff from and after July 1, 1999.

§ 77-13-21. Repealed.
Repealed by Laws, 1999, ch. 302, § 11, eff from and after July 1, 1999.
[Laws, 1997, ch. 483, § 9, eff from and after July 1, 1997]

§ 77-13-23. Operator waives right to recover damages to operator’s underground facilities under certain circumstances; exemption.

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.

Sources: Laws, 2010, ch. 427, § 3, eff from and after passage (approved Mar. 24, 2010.)

This conviction led Leonard through Harrison County where he served as a Deputy Sheriff until 1999. Upon leaving the Sheriff’s Department, Leonard went to work for the Mississippi Public Service Commission as a utility investigator where he worked until 2003. In 2004 Commissioner Bentz ran for and was elected to the Mississippi House of Representatives representing District 116. He served in the House of Representatives until April 2006.

After Hurricane Katrina in 2005, the Southern District Commissioner’s office was vacated, leaving an unexpired term to fill. Governor Barbour appointed Leonard to fill the unexpired term.

In 2007, Commissioner Bentz ran for and was elected to the office of Southern District Public Service Commissioner. He said, “It has been an honor to serve the people of Mississippi and especially the Southern District.”

He continued, “Serving on the Commission has been challenging at times. Some of the issues are mind-boggling. Dealing with issues that impact ratepayers like the cost of generating electricity, the cost of doing business in Mississippi, or dealing with the sometimes unrealistic regulations out of Washington can be very complex.”

So how do you handle these admittedly complex and difficult issues? He laughed and replied, “With lots of prayer. That’s a great start to any day. And I’ve got to say that I’ve been blessed with a tremendous staff. Without their commitment and hard work, we’d all be lost.”

He continued, “The issues may be more complex than I thought they would be, but I see in them a great opportunity to serve the public. A rule that I believe in is to regulate by common sense principles. It is easy to be against something. It’s tough to make a decision that you know impacts both sides and can impact utilities and ratepayers for the next 20 or 30 years. We’ve got to be forward thinkers, proactive in our approach in making sure that Mississippi is stronger when we leave than when we got here.”

Making decisions that ensure the viability of utility companies and at the same time protect the ratepayers can be a real balancing act at times. Commissioner Bentz said, “You can’t take sides on these kinds of issues. For me, the solution is this one thing only: ‘Do the right thing.’ A decision has to be made. We have to act on the information we have at the time. If your intent is honorable, and you are off track somehow, there will be time to change later.”

Commissioner Bentz was asked, “What are your thoughts on the Mississippi Damage Prevention Council’s (MDPC) proposal to create a stronger and more effective damage prevention program?”

He said, “As a resident of Mississippi, I applaud their efforts. Our underground infrastructure is vital to our entire state and we need to work together to protect it, first of all for the safety of our citizens, but also to help keep Mississippi competitive in the business markets. Getting the stakeholders involved is critical. I would encourage the MDPC to continue to identify other stakeholders and bring them to the table, even those who may not see things the way you do. Stakeholder participation and perspective is crucial to creating lasting change.”

He said, “I believe the will of the Commission is to do what is in the best interests of the ratepayers and utilities. Damages are not in the best interests of either group. Utilities that are disrupted can shut down industry or disrupt our economy. The cost of repairing damaged utilities certainly impacts the budgets of utility companies, and that can impact rates. And that’s true from the smallest rural water system to the largest utility in the state.”

What do you think about the PSC getting involved in the effective enforcement process? He said, “As you know, we have an outstanding Pipeline Safety Division. Their mission is to protect the public and environment, so it seems that it could be a fit. I am pleased to hear that the proposal includes a review board made up of stakeholders to ensure that throughout the entire process, their perspectives can be heard.”

He continued, “Some level of enforcement will be required in the end, but I’m convinced the solution to damages to our infrastructure is education, education and more education. Enforcement should be reserved for those who disregard the safety of others. I mean a case could be made that this is part of our responsibility to protect the public.”

What about the concern that this would give the PSC an opportunity to get involved in regulating rates for companies currently not regulated by the Commission? He paused for a moment then continued, “I’m a member of Mississippi Rural Water Association and I believe they do a good job of regulating themselves. Really, why in the world would anybody want to get in the way of these systems that are doing a good job? I don’t want the authority to meddle in their business, and I’m sure the law says we don’t have that authority.”

Commissioner Bentz concluded, “This Commission works diligently to promote the best interests of our state, our utilities and our ratepayers. I think that even though we may see things differently at times, we have worked together for a stronger and better Mississippi.”
“I personally appreciate the privilege given to me by the voters of the Southern District, and if given the opportunity to serve another four years I will continue working to do the right thing.”

The board is made up of the following stakeholder groups and representatives:

Mississippi Rural Water – Kevin Hand
Mississippi 811 – Sam Johnson
Natural Gas Distribution – John McDill
Transportation – Mark McConnell
Insuranc – Virginia Reames
Electric Power Industry – David Schoggen
Railroads – Roger Bell
Liquid Transmission – Al Davis
Cable Television – John Hilbert
Excavation Contractors – Mike Phillips
Telecommunications – Mike McCall
Utility Locators – Bo Womack
Natural Gas Transmission - Jay Street
Public Service Commission – Mark McCarver
County Agencies – Derrick Surrette
Municipal Agencies – George Lewis

The long range plan established for the group in 2007 included defining, creating and proposing a fair and effective damage prevention program to the legislature in the 2012 session. The proposal would include warnings, mandated training and even fines for violators of the state’s underground protection laws.

A stakeholder committee was assigned to develop a document that would first be submitted to the full MDPC Board. The aim of the group is to gain consensus for the document prior to taking it to the next legislative session.

It was also announced that the MDPC Regional Meetings are being scheduled across the state for the third consecutive year. The purpose of these meetings is to share the intent of the MDPC and ask for feedback from the stakeholders in attendance.
A new online training module was unveiled at the board meeting. The purpose of the training module is to promote a safer Mississippi through partnership and a greater understanding of the current “call before you dig” law.

It was proposed that CEUs or credit hours be given to all who complete the course. To access the training module, go to the MDPC website at www.msdamageprevention.com and click on the “E-Learning” tab.

Follow the prompts for registration and you will be ready to take the course. The module is interactive and will take 40 – 50 minutes to complete. After you’ve completed the final assessment, you’ll receive a certificate of completion from the MDPC.

It was mutually agreed upon that with all the national attention being given by Congress, DOT and the Office of Pipeline Safety, it is reasonable for stakeholders in Mississippi to evaluate how best to respond to the latest call to action from the U.S. Transportation Secretary Ray LaHood.

Mr. LaHood intends to make this issue a top priority for this year. He stated, “We have a responsibility to work together to prevent the loss of life and environmental damage.”
The MDPC encourages all stakeholders to attend one of the regional meetings nearest you this year and visit our website to stay informed on this very important topic.

Sourced from: Mississippi 811 Magazine