The Daily Bulletin: Thursday, J une 20, 2013
UNC
iOVERNMENT
Published on Legislative Repotting Service ( http:/
/
lrs.sog.unc.edu)
The Daily Bulletin: Thursday, J une 20, 20 13
PUBLIC/ HOUSE BILLS
H 476 (2013-2014) REWRITE UNDERGROUND DAMAGE PREVENTION ACT. Filed Mar 28 2013. A BILL TO BE
ENTITLED AN ACT REWRITING THE LAWS REGULATING UNDERGROUND UTILITY DAMAGE PREVENTION.
House amendment to the 3rd edition makes the following changes.
Amends GS 87- 120 (b) to clarify that before adopting a method of determining the cost allocation for operating the
Notification Center, the board of directors must publish the proposed method of cost allocation to the member
operators, and the proposed allocation method must be approved by the member operators.
Enacts new GS 87- 122.1 to require every person who is an excavator, locator, or operator due to engaging in these
activities in the course of a business or trade to provide education and training to employees and provide
documentation of such. Specifies what must be included in the training. Provides that the duty to provide education
and training does not apply when the excavator, locator, or operator retains an independent contractor; requires
independent contractors to provide employee training. Requires that excavation be conducted in accordance with
OSHA Standard 1926 and under the direction of a competent person. Requires locators to be proparly trained, with
training documented.
Amends GS 87- 123 to exclude from the notice requirements an excavation or demolition that involves tilling of soil
for agricultural purposes (was, excavation or demolition that involves the tilling or plowing of soil less than 12 inches
in depth for agricultural purposes). Also adds an exclusion from the notice requirements for an excavation or
demolition performed by a farmer on his or har own property that does not encroach on any operator's right of way,
easanent, or permitted use.
Amends GS 87- 128(b) to make clarifying changes and to add that the parties are responsible for selection and
contracting with the arbitrator. Amends GS 87- 128(c) to rquire that the Utilities Commission order issued upon the
completion of the arbitration process include assessing the costs of arbitration to the non- prevailing party (was,
include an award of the costs of arbitration to the prevailing party).
Intro, by Hager, Moffitt, Murry. GS 87
Public Enterprises and Utilities
PUBLIC/ SENATE BILLS
S 127 (20 13-20 14) ECONOMIC DEVELOPMENT MODIFICATIONS (NEW). Filed Feb 21 20 13. A BILL TO BE ENTITLED AN
ACT TO PERMIT THE DEPARTMENT OF COMMERCE TO CONTRACT WITH A NORTH CAROLINA NONPROFIT
CORPORATION FOR THE PERFORMANCE OF CERTAIN ECONOMIC DEVELOPMENT FUNCTIONS.
House committee substitute makes the following changes to the 3rd edition.
Changes the short and long title.
Part I, Authorize Contracting of Economic Development Functions by the Department of Commerce
Enacts new section GS 143B-431A, Department of Commerce - contracting of functions, providing that the purpose of
this new section is to establish a framework whereby the Department of Commerce (Department) can support one or
more nonprofit corporations, through financial and other means, that will render advisory, research, recruiting
recommendations concerning incentives or grants for jobs and business development, as well as consultation on the
development of a long-range strategic plan for economic development, through public and private means.
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