Kentucky establishes stronger penalties for excavation negligence that leads to pipeline damage
FRANKFORT—A new law—Senate Bill 104, enacted by the Kentucky General Assembly and signed by Gov. Matt Bevin—gives the state’s Public Service Commission the authority to enforce existing provisions in Kentucky statutes intended to protect natural gas and hazardous liquids pipelines.
The PSC will investigate incidents of pipeline damage to determine whether an 811 location request was made in a timely manner, whether the pipeline was located accurately and properly, and whether the excavation was conducted safely. If an omission or error is found to have caused pipeline damage, excavators—including homeowners—could be penalized. Similarly, operators could be penalized for not responding to location requests or for improperly or inaccurately locating or marking underground facilities.
PSC Chairman Michael Schmitt has said that this heightened enforcement of the call-before-you-dig requirements reflects a greater focus on pipeline safety at both state and national levels. Wisconsin and West Virginia also have recently passed similar call-before-you-dig legislation.
In 2017, there were more than 1,200 incidents in Kentucky in which a gas line was damaged during an excavation. Contractors and other excavating professionals were responsible for 85 percent of the incidents, with water and sewer line repairs, building construction, swimming pool installation and irrigation system installation among the most common causes. Homeowners accounted for the remaining 15 percent of incidents, with damage occurring during mailbox or fencing installation, landscaping, and water or sewer line repairs.
Approximately 240 entities operate natural gas or hazardous liquid pipelines in the state. All are regulated, either fully or for safety only, by the PSC.
PSC Executive Director Gwen R. Pinson said the PSC is making organizational changes in order to meet its new responsibilities for investigating and enforcing the requirement to call 811 prior to excavating. The agency is also reaching out to make sure the public is informed about the law. “We will be meeting with natural gas providers and the construction industry to make sure everyone understands the changes to the law,” Pinson said. “The PSC also will require natural gas distribution companies to communicate with their customers about these changes.”