Changes to law enhances Kentucky Public Service Commission’s ability to enforce call-before-you-dig law

Under changes to Kentucky’s call-before-you-dig law, the state’s Public Service Commission (PSC) will have the authority to enforce provisions of the law, which aims to protect natural gas and hazardous liquids pipelines.

The changes, which go into effect July 14, will allow the PSC to investigate excavation damage to natural gas or hazardous liquid lines to determine if it was caused by violations of Kentucky’s call-before-you-dig law. The commission can also impose financial penalties if it uncovers violations.

“This new law brings Kentucky into line with federal standards, which the PSC enforces under an agreement with the US Department of Transportation,” PSC Chair Michael Schmitt said. “More importantly, it is an effort to significantly improve public safety by reducing the unacceptably high number of dangerous dig-in incidents involving natural gas pipelines.”

Kentucky law states that entities must call 811 at least two days before beginning excavation.

Under the changes to the 811 law, failing to call 811 promptly, failure to locate a pipeline accurately and adequately or inability to conduct a safe excavation could result in fines of up to $1,250 for a first violation, $2,000 for a second violation and $4,000 for subsequent violations.

“Not every incident in which a gas line is hit will result in a violation being issued and a penalty assessed, especially if 811 has been called,” John Lyons, director of the PSC division of Inspections, said. “However, a failure to call 811 will trigger an enforcement action.”

PSC Executive Director Gwen R. Pinson noted that the commission has begun making organizational changes to fulfill its new responsibilities and has launched a public outreach campaign.

“We will be meeting with key stakeholder groups, including natural gas providers and the construction industry, to make sure that 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.”

In 2017, more than 1,200 incidents in which a gas line was damaged during an excavation occurred in Kentucky.