Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Commerce, Consumer Protection and Housing and Science, Arts, and Technology, to which was referred H.B. No. 2137, H.D. 1, entitled:

beg leave to report as follows:

The purpose of this measure is to establish, fund, and provide for the governance of a One Call Center to coordinate the location of subsurface installations and provide notification to subsurface installation operators of proposed excavation work.

Testimony in support of this measure was submitted by Verizon Hawaii, Safety Systems Hawaii, Inc., Building Industry Association-Hawaii, Kokea Construction and Consultants, Inc., Land Use Research Foundation of Hawaii, Hawaiian Electric Company, Inc., CC Engineering and Construction, Inc., Hawaii Operating Engineers Industry Stabilization Fund, The Gas Company, HSI Mechanical Inc., and Schuler Homes. The Consumer Advocate, Public Utilities Commission, and Department of Transportation expressed concerns about the measure. The Honolulu Board of Water Supply, Department of Facility Maintenance (City and County of Honolulu), and Department of Planning and Permitting (City and County of Honolulu) opposed the measure.

This measure creates a One Call Center Board (Board) and requires the Board to establish a One Call Center (Center) by January 1, 2005. The purpose of the Center is to receive notification from excavators of proposed excavation work and to provide notification of the same to the operators of subsurface installations that may be affected by the excavation. The measure establishes requirements for timely notification to and by the Center, marking of excavation sites, identification of subsurface installations by operators, commencement of excavation, re-marking of installations, and excavation procedures. Additionally, the measure establishes penalties for violation of the above requirements.

Your Committees find that the establishment of a One Call Center will facilitate the identification of subsurface installations to avoid or minimize damage to facilities and the environment, minimize the disruption of service to operator customers, and enhance the safety of excavators.

Your Committees have amended this measure by replacing its contents with the language of a substantially similar measure, S.B. No. 2678, S.D. 1, except with respect to that measure's effective date provision. As amended, this measure:

Your Committees further find that this measure continues to raise concerns about an operator's potential liability should damage occur to subsurface facilities during excavation. As your Committees wish to encourage continued dialogue on this and other unresolved issues, your Committees have retained the delayed effective date language contained in this measure, as received.

As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection and Housing and Science, Arts, and Technology that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2137, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2137, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.