Ditchmen • NUCA of Florida February Ditchmen 2016 | Page 7

Therein lies our problem and why members of NUCA of Florida and all excavators need to pay attention to the new PHMSA rule. Though Chapter 556, F.S., has enforcement provisions, most agree that they prove inadequate to the criteria that PHMSA will use in evaluating the effectiveness of a state’s enforcement program. If a state’s program does not measure up to the federal criteria, PHMSA will notify the state. The state will have 30 days to respond. PHMSA has already sent letters to Governor Rick Scott and the Public Service Commission (PSC) to alert them that they will start the initial evaluations to determine if Florida’s enforcement program meets their criteria. The PSC has already responded that they have no authority over Sunshine 811, the not-for-profit corporation that administers the state’s one-call program. They further stated that Sunshine 811 has the responsibility for implementing Florida’s damage prevention program.

Currently, Sunshine 811 is working on legislation with the intent of developing consensus and support for mandatory damage reporting for member operators during the 2017 Florida Legislative Session. A damage report will be required whenever there is an incident that results in damage to any pipe, cable or its protective coating. The report will go to Sunshine 811 and will include, if known, the cause, nature and location of the damage. It is the hope of the Sunshine 811 Board that this information will provide them with the tools necessary to develop a more focused enforcement program, one that goes after the bad actors and will meet the PHMSA criteria.

In December, NUCA of Florida was invited to participate in the Florida Energy Pipeline Association’s (FEPA) Damage Prevention Summit in Orlando. The summit was every well attended and included a presentation from PHMSA on damage prevention initiatives. Afterwards, there was a panel discussion on the new rule. Panel members included Tom Woodward, NUCA of Florida President; Annmarie Robertson, USDOT PHMSA; Tom Byron, Office of the State Highway Engineer/Chief Engineer; Mark Sweet, Executive Director, Sunshine 811; Dale Calhoun, Executive Director, Florida Natural Gas Association; and David Parham – Florida Gas Transmission Company and Vice Chairman of FEPA.

The summit was very informative and participants heard firsthand from PHMSA how the new rule will impact excavators in Florida. Also addressed in the panel discussion were issues covering exemptions (specifically FDOT), ticket submission to Sunshine 811, positive response and enforcement. FEPA is planning a follow up meeting in March.

I will continue to monitor this issue and will be reporting on any updates to the PHMSA Rule or proposed legislation by Sunshine 811. Please feel free to contact me if you have any questions on this issue.