Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 1. (a) Except as provided by this section, this chapter does not apply to the following: (1) Excavation that is performed: (A) only with a hand tool; (B) on property owned or controlled by the person performing the excavation; and (C) to a depth not greater than twelve (12) …

Sec. 1.3. As used in this chapter, "account" refers to the underground plant protection account established by section 24 of this chapter. As added by P.L.62-2009, SEC.3.

Sec. 1.5. As used in this chapter, "advisory committee" refers to the underground plant protection advisory committee established by section 23 of this chapter. As added by P.L.62-2009, SEC.4.

Sec. 11. As used in this chapter, "person" means an individual, a corporation, a partnership, a limited liability company, an association, or other entity organized under the laws of any state. The term includes state, local, and federal agencies. The term does not include the as…

Sec. 11.2. As used in this chapter, "pipeline facilities" has the meaning set forth in IC 8-1-22.5-1(d). As added by P.L.62-2009, SEC.10.

Sec. 11.5. As used in this chapter, "white lining" means the act of marking the route or boundary of a proposed excavation or demolition with white paint, flags, or stakes, or a combination of white paint, flags, and stakes. As added by P.L.62-2009, SEC.11.

Sec. 12. As used in this chapter, "working day" means every day except Saturday, Sunday, and state and national legal holidays. As added by P.L.69-1990, SEC.2.

chapter Sec. 13. A permit issued in accordance with a law authorizing excavation or demolition operations does not relieve a person from the responsibility of complying with this chapter. As added by P.L.69-1990, SEC.2.

facility; location of affected structures Sec. 14. Except as provided in section 19 of this chapter, a person may not excavate real property or demolish a structure that is served or was previously served by an underground facility without first ascertaining in the manner prescri…

information; association membership; penalty Sec. 15. (a) An operator that has underground facilities located in Indiana must become a member of the association and shall provide the following information to the association: (1) The name of each township and county in which the o…

As added by P.L.114-2003, SEC.2. Repealed by P.L.62-2009, SEC.23.

notice contents and expiration; civil penalties Sec. 16. (a) Except as provided in section 19 of this chapter, before commencing an excavation or demolition operation described in section 14 of this chapter, each person responsible for the excavation or demolition shall: (1) serv…

timing; association's duties on receipt; design information notice contents; operator's duties on receipt; grounds for rejection; effect Sec. 16.5. (a) A person responsible for: (1) a construction project; or (2) any other project or operation; that will involve an excavation or …

duties Sec. 17. (a) An operator that has underground facilities located in Indiana must be a member of the Indiana Underground Plant Protection Service or its successor organization. The articles of incorporation or the bylaws of the Indiana Underground Plant Protection Service o…

color coding of markings; pipeline facilities; alteration of markings; notice of operator's inability to locate and mark facilities Sec. 18. (a) Subject to subsection (k), each operator notified under section 16 of this chapter shall, not later than two (2) full working days afte…

2020; detection from above ground level Sec. 18.5. (a) This section applies to any new or replacement underground facility that an operator installs or causes to be installed after June 30, 2020, in any public right-of-way or on any private property. (b) Subject to any other appl…

penalties Sec. 19. (a) A person responsible for emergency excavation or demolition to ameliorate an imminent danger to life, health, property, or loss of service is not required to comply with the notice requirements of section 16 of this chapter. However, that person shall: (1) …

Sec. 2. As used in this chapter, "approximate location" means a strip of land at least four (4) feet wide but not wider than the width of the underground facility plus two (2) feet on either side of the outer limits of the physical plant. As added by P.L.69-1990, SEC.2. Amended b…

mechanized equipment; civil penalties Sec. 20. (a) In addition to the notice required in section 16 of this chapter, a person responsible for an excavation or demolition operation under section 14 of this chapter shall do all of the following: (1) Plan the excavation or demolitio…

facility; escape of flammable, toxic, or corrosive gas or liquid; duties of operator Sec. 21. (a) Except as provided in subsection (b), a person responsible for an excavation or a demolition operation under section 14 of this chapter that results in damage to an underground facil…

defenses; injunction Sec. 22. (a) If an operator suffers a pecuniary loss as a result of a violation of this chapter, the operator may bring a civil action against the person who caused the loss for the following: (1) An amount equal to the operator's actual damage to the facilit…

membership; duties and powers Sec. 23. (a) The underground plant protection advisory committee is established. (b) The advisory committee consists of the following seven (7) members appointed by the governor: (1) One (1) member representing the association. (2) One (1) member rep…

Sec. 24. (a) The underground plant protection account is established to provide funding for the following programs established and administered by the commission: (1) Public awareness programs concerning underground plant protection. (2) Training and educational programs for cont…

Sec. 25. An operator of a pipeline facility that violates this chapter may be subject to a civil penalty imposed by the commission under IC 8-1-22.5 in addition to a penalty or fine imposed under this chapter. As added by P.L.62-2009, SEC.21.

Sec. 26. The commission shall adopt rules under IC 4-22-2 to carry out its responsibilities under this chapter. As added by P.L.62-2009, SEC.22.

Sec. 3. As used in this chapter, "association" means an organization that is: (1) formed in Indiana to provide for mutual receipt of notice of excavation or demolition for the organization's members; (2) known as the Indiana Underground Plant Protection Service (or its successor …

Sec. 3.5. As used in this chapter, "communications service" has the meaning set forth in IC 8-1-32.5-3. As added by P.L.200-2014, SEC.1.

Sec. 4. As used in this chapter, "damage" means: (1) the substantial weakening of structural or lateral support of an underground facility; (2) the penetration or destruction of a protective coating, a housing, or another protective device of an underground facility; (3) the part…

Sec. 5. As used in this chapter, "demolish" means an operation in which a structure or mass of material is wrecked, raised, rendered, moved, or removed by means of tools, equipment, or discharge of explosives. As added by P.L.69-1990, SEC.2.

Sec. 5.2. As used in this chapter, "design information notice" means a notification that: (1) is voluntarily submitted to the association under section 16.5 of this chapter by a person providing professional services in connection with: (A) a construction project; or (B) any othe…

Sec. 6. As used in this chapter, "excavate" means an operation for the movement, placement, or removal of earth, rock, or other materials in or on the ground by use of tools or mechanized equipment or by discharge of explosives, including augering, backfilling, boring, digging, d…

Sec. 7. As used in this chapter, "facility" means a line or system used for producing, storing, conveying, transmitting, or distributing communication, information, electricity, gas, petroleum, petroleum products, hazardous liquids, carbon dioxide fluids, water, steam, or sewerag…

Sec. 8. As used in this chapter, "imminent danger to life, health, property, or loss of service" means there is a substantial likelihood that loss of life, health, property, or service will result before the procedures under sections 16 and 18 of this chapter can be completed. As…

Sec. 9. As used in this chapter, "mechanized equipment" means equipment operated by means of mechanical power, including: (1) trenchers; (2) bulldozers; (3) power shovels; (4) augers; (5) backhoes; (6) scrapers; (7) drills; (8) cable and pipe plows; (9) hydraulic excavators; and …

Sec. 1. If any railroad company has heretofore executed, or may hereafter execute, any mortgage upon the whole or any portion of their road, it shall be lawful for such company, with the consent of persons owning a majority of the capital stock of such company, to settle and comp…

Sec. 1. This chapter applies to an indemnity provision entered into or renewed after June 30, 2006. As added by P.L.31-2006, SEC.1.

Sec. 2. As used in this chapter, "indemnity provision" means a provision, a clause, a covenant, or an agreement that: (1) is contained in, collateral to, or affecting a motor carrier transportation contract; and (2) purports to indemnify, defend, or hold harmless, or has the effe…

Sec. 3. As used in this chapter, "motor carrier transportation contract" means a contract, an agreement, or an understanding covering: (1) the transportation of property for compensation or hire by a motor carrier as defined under this article or by 49 U.S.C. 13102(14); (2) the e…

Sec. 4. As used in this chapter, "promisee" means a person that an indemnity provision: (1) purports to indemnify, defend, or hold harmless; or (2) has the effect of indemnifying, defending, or holding harmless. As added by P.L.31-2006, SEC.1.

Sec. 5. (a) This section does not apply to any of the following: (1) An indemnity provision in which a motor carrier indemnifies a promisee for and only to the extent of loss or damage that results directly from the negligence, omission, or intentional act of the motor carrier or…

Sec. 1. (a) This chapter does not apply to a project let under IC 8-23-11. (b) This chapter applies only to projects on the state highway system (as defined in IC 8-23-1-40). As added by P.L.63-1992, SEC.4.

Sec. 10. If a highway or bridge construction or improvement project requires the relocation of customer service facilities, the utility providing service to the customer is responsible for arranging the relocation of the utility's customer service facilities required to be reloca…

customer service facilities; responsibility for costs Sec. 11. If a highway or bridge construction or improvement project requires the acquisition of additional right-of-way and the relocation of customer service facilities that existed within the newly acquired right-of-way, the…

relocation of customer service facilities Sec. 12. The following apply to a highway or bridge construction or improvement project that requires the relocation of customer service facilities located in a highway, street, or road: (1) If the utility does not own the customer servic…

facilities Sec. 13. If a utility does not carry out the utility's responsibilities under section 10 of this chapter within six (6) months after the department has requested, in writing, a facilities relocation plan, the department may cause the relocation of the customer service …

reimbursements Sec. 14. (a) If the department causes the relocation of customer service facilities under section 13 of this chapter, the department may recover the costs of the relocation from the utility. (b) A utility shall reimburse the department for costs that are allowable …

future relocations and adjustments Sec. 15. (a) This section does not apply to a relocation included in the national system of interstate highways if the placement of the facilities was made solely to cross the highway. (b) Whenever a utility locates new facilities on a highway i…

Sec. 2. If the department determines that the location of a utility's facilities will interfere with a planned highway or bridge construction or improvement project, the commissioner may order the utility to relocate the utility's facilities. An order issued under this section ma…

Sec. 3. The department shall give notice under IC 4-21.5-3-6 to the utility of the commissioner's order to relocate the utility's facilities. As added by P.L.63-1992, SEC.4.

Sec. 4. A utility that receives notice of an order under section 3 of this chapter may appeal the order under IC 4-21.5-3 for the following reasons: (1) The utility disputes the necessity of the relocation. (2) The utility determines that the utility cannot relocate the utility's…