S. B. No. 378 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 378

Senator Coley

Cosponsor: Senator Peterson

A BILL

To amend section 3781.25 and to enact sections

3781.34, 3781.341, 3781.342, 3781.36, 4905.041,

4913.01, 4913.03, 4913.05, 4913.07, 4913.09,

4913.13, 4913.15, 4913.151, 4913.152, 4913.16,

4913.17, 4913.171, 4913.19, 4913.21, 4913.22,

4913.23, 4913.25, 4913.27, 4913.29, 4913.31,

4913.45, 4913.47, 4913.50, and 4913.52 of the

Revised Code regarding the enforcement of the law

governing the protection of underground utility

facilities.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3781.25 be amended and sections	11
3781.34, 3781.341, 3781.342, 3781.36, 4905.041, 4913.01, 4913.03,	12
4913.05, 4913.07, 4913.09, 4913.13, 4913.15, 4913.151, 4913.152,	13
4913.16, 4913.17, 4913.171, 4913.19, 4913.21, 4913.22, 4913.23,	14
4913.25, 4913.27, 4913.29, 4913.31, 4913.45, 4913.47, 4913.50, and	15
4913.52 of the Revised Code be enacted to read as follows:	16

Sec. 3781.25. As used in sections 3781.25 to ~~3781.32~~3781.36	17
of the Revised Code:	18

(A) "Protection service" means a notification center, but not	19
an owner of an individual utility, that exists for the purpose of	20
receiving notice from persons that prepare plans and	21
specifications for or that engage in excavation work, that	22
distributes this information to its members and participants, and	23
that has registered by March 14, 1989, with the secretary of state	24
and the public utilities commission of Ohio under former division	25
(F) of section 153.64 of the Revised Code as it existed on that	26
date.	27

(B) "Underground utility facility" includes any item buried	28
or placed below ground or submerged under water for use in	29
connection with the storage or conveyance of water or sewage;	30
electronic, telephonic, or telegraphic communications; television	31
signals; electricity; crude oil; petroleum products; artificial or	32
liquefied petroleum; manufactured, mixed, or natural gas;	33
synthetic or liquefied natural gas; propane gas; coal; steam; hot	34
water; or other substances. "Underground utility facility"	35
includes all operational underground pipes, sewers, tubing,	36
conduits, cables, valves, lines, wires, worker access holes, and	37
attachments, owned by any person, firm, or company. "Underground	38
utility facility" does not include a private septic system in a	39
one-family or multi-family dwelling utilized only for that	40
dwelling and not connected to any other system.	41

(C) "Utility" means any owner or operator, or an agent of an	42
owner or operator, of an underground utility facility, including	43
any public authority, that owns or operates an underground utility	44
facility. "Utility" does not include the owners of the following	45
types of real property with respect to any underground utility	46
facility located on that property:	47

(1) The owner of a single-family or two-, three-, or	48
four-unit residential dwelling;	49

(2) The owner of an apartment complex;

(3) The owner of a commercial or industrial building or	51
complex of buildings, including but not limited to, factories and	52
shopping centers;	53

(4) The owner of a farm;

(5) The owner of an exempt domestic well as defined in	55
section 1509.01 of the Revised Code.	56

(D) "Approximate location" means the immediate area within	57
the perimeter of a proposed excavation site where the underground	58
utility facilities are located.	59

(E) "Tolerance zone" means the site of the underground	60
utility facility including the width of the underground utility	61
facility plus eighteen inches on each side of the facility.	62

(F) "Working days" excludes Saturdays, Sundays, and legal	63
holidays as defined in section 1.14 of the Revised Code and	64
"hours" excludes hours on Saturdays, Sundays, and legal holidays.	65

(G) "Designer" means an engineer, architect, landscape	66
architect, contractor, surveyor, or other person who develops	67
plans or designs for real property improvement or any other	68
activity that will involve excavation.	69

(H) "Developer" means the person for whom the excavation is	70
made and who will own or be the lessee of any improvement that is	71
the object of the excavation.	72

(I) "Excavation" means the use of hand tools, powered	73
equipment, or explosives to move earth, rock, or other materials	74
in order to penetrate or bore or drill into the earth, or to	75
demolish any structure whether or not it is intended that the	76
demolition will disturb the earth. "Excavation" includes such	77
agricultural operations as the installation of drain tile, but	78
excludes agricultural operations such as tilling that do not	79
penetrate the earth to a depth of more than twelve inches.	80
"Excavation" excludes any activity by a governmental entity which	81
does not penetrate the earth to a depth of more than twelve	82
inches. "Excavation" excludes coal mining and reclamation	83
operations regulated under Chapter 1513. of the Revised Code and	84
rules adopted under it.	85

(J) "Excavation site" means the area within which excavation	86
will be performed.	87

(K) "Excavator" means the person or persons responsible for	88
making the actual excavation.	89

(L) "Interstate gas pipeline" means an interstate gas	90
pipeline subject to the "Natural Gas Pipeline Safety Act of 1968,"	91
82 Stat. 720, 49 U.S.C. 1671, as amended.	92

(M) "Interstate hazardous liquids pipeline" means an	93
interstate hazardous liquids pipeline subject to the "Hazardous	94
Liquid Pipeline Safety Act of 1979," 93 Stat. 1003, 49 U.S.C.	95
2002, as amended.	96

(N) "Special notification requirements" means requirements	97
for notice to an owner of an interstate hazardous liquids pipeline	98
or an interstate gas pipeline that must be made prior to	99
commencing excavation and pursuant to the owner's public safety	100
program adopted under federal law.	101

(O) "Commercial excavator" means any excavator, excluding a	102
utility as defined in this section, that satisfies both of the	103
following:	104

(1) For compensation, performs, directs, supervises, or is	105
responsible for the excavation, construction, improvement,	106
renovation, repair, or maintenance on a construction project and	107
holds out or represents oneself as qualified or permitted to act	108
as such;	109

(2) Employs tradespersons who actually perform excavation,	110
construction, improvement, renovation, repair, or maintenance on a	111
construction project.	112

(P) "Person" has the same meaning as in section 1.59 of the	113
Revised Code and also includes a public authority.	114

(Q) "Positive response system" means an automated system	115
facilitated by a protection service allowing a utility to	116
communicate to an excavator the presence or absence of any	117
conflict between the existing underground utility facilities and	118
the proposed excavation site.	119

(R) "One-call notification system" means the software or	120
communications system used by a protection system to notify its	121
membership of proposed excavation sites.	122

(S) "Project" means any undertaking by a private party of an	123
improvement requiring excavation.	124

(T) "Public authority" has the same meaning as in section	125
153.64 of the Revised Code.	126

(U) "Improvement" means any construction, reconstruction,	127
improvement, enlargement, alteration, or repair of a building,	128
highway, drainage system, water system, road, street, alley,	129
sewer, ditch, sewage disposal plant, water works, and all other	130
structures or works of any nature.	131

(V) "Emergency" means an unexpected occurrence causing a	132
disruption or damage to an underground utility facility that	133
requires immediate repair or a situation that creates a clear and	134
imminent danger that demands immediate action to prevent or	135
mitigate loss of or damage to life, health, property, or essential	136
public services.	137

(W) "Nondestructive manner" means using low-impact, low-risk	138
technologies such as hand tools, or hydro or air vacuum excavation	139
equipment.	140

(X) "Cable service provider" has the same meaning as in	141
section 1332.01 of the Revised Code.	142

(Y) "Electric cooperative" and "electric utility" have the	143
same meanings as in section 4928.01 of the Revised Code.	144

Sec. 3781.34. (A) There is hereby created the underground	145
technical committee.	146

(B) The committee shall consist of four members from the	147
stakeholder group of the commercial excavator industry and one	148
member from each of the following stakeholder groups, with all	149
seventeen members to be appointed by the governor with the consent	150
of the senate:	151

(1) The natural gas transmission pipeline industry;

152

(2) The natural gas distribution industry;

153

(3) Electric utilities;

154

(4) Electric cooperatives;

155

(5) Oil and gas producers;

156

(6) The telephone industry;

157

(7) Cable service providers;

158

(8) Locators of underground utility facilities;

159

(9) Municipal corporations;

160

(10) The department of transportation;

161

(11) The general public;

162

(12) The hazardous liquids pipeline industry;

163

(13) Designers, developers, or surveyors.

164

(C) The governor shall appoint an alternate member for each	165
member listed under division (B) of this section.	166

(D) The terms of office for members initially appointed under	167
division (B) of this section shall be staggered at two, three, and	168
four years and determined by lot, except that the stakeholder	169
group of the commercial excavator industry shall have only one	170
member with an initial two-year term. The term of office for each	171
member subsequently appointed shall be four years.	172

(E) Each member and each alternate member may be reappointed	173
for an unlimited number of times.	174

(F) If a vacancy occurs during a member's term of office, the	175
alternate member appointed for that member shall assume the	176
vacated office and serve the rest of the term. If a vacancy occurs	177
during the term of office of an alternate member, the governor	178
shall appoint a new alternate member in the same manner as an	179
original appointment.	180

Sec. 3781.341. (A) A member of the underground technical	181
committee who has a conflict of interest in a particular review	182
under section 4913.15 of the Revised Code shall declare the	183
conflict to the committee and recuse self from committee	184
discussions and voting regarding that review.	185

(B) An alternate member shall serve temporarily in the place	186
of the member for whom the alternate member was appointed if the	187
nonalternate member is a party to a review being conducted by the	188
committee under section 4913.15 of the Revised Code or if the	189
member has recused self under this section.	190

Sec. 3781.342. The underground technical committee may	191
conduct meetings in person, by telephone, or by video conference.	192

Sec. 3781.36. (A) The underground technical committee shall	193
do the following:	194

(1) Coordinate with the public utilities commission in	195
carrying out its duties under Chapter 4913. of the Revised Code;	196

(2) Provide subject matter expertise when requested during	197
inquiries conducted under section 4913.09 of the Revised Code;	198

(3) Review reports in accordance with section 4913.15 of the	199
Revised Code;	200

(4) Make recommendations under section 4913.15 of the Revised	201
Code;	202

(5) Coordinate with the commission in establishing rules	203
under divisions (A)(1) and (2) of section 4913.45 of the Revised	204
Code;	205

(6) Perform any additional duties as may be required under	206
this chapter.	207

(B) The committee shall meet as necessary to carry out its	208
duties and meet the time-period requirements of division (B) of	209
section 4913.15 of the Revised Code, but not less than once every	210
three months. A majority of committee members constitutes a	211
quorum.	212

Sec. 4905.041. (A) The public utilities commission has	213
exclusive jurisdiction to enforce, in accordance with Chapter	214
4913. of the Revised Code, sections 153.64, 3781.27, and 3781.28	215
to 3781.32 of the Revised Code and divisions (A) and (B) of	216
section 3781.26 of the Revised Code.	217

(B) The commission's enforcement authority described in	218
division (A) of this section is limited to actions specifically	219
authorized by Chapter 4913. of the Revised Code upon the filing of	220
a complaint under section 4913.05 of the Revised Code.	221

(C) Nothing in this section or Chapter 4913. of the Revised	222
Code gives the commission or the underground technical committee,	223
created under section 3781.34 of the Revised Code, the authority	224
to determine the civil liability of any person for any compliance	225
failure as that term is defined in section 4913.01 of the Revised	226
Code.	227

Sec. 4913.01. As used in this chapter:

228

"Compliance failure" means a failure to comply with any	229
provision of sections 153.64, 3781.27, and 3781.28 to 3781.32 of	230
the Revised Code and divisions (A) and (B) of section 3781.26 of	231
the Revised Code.	232

"Designer," "developer," "excavation," "excavator," "one-call	233
notification system," "person," "protection service," "underground	234
utility facility", and "utility" have the same meanings as in	235
section 3781.25 of the Revised Code.	236

Sec. 4913.03. Each utility, excavator, developer, and	237
designer who participates in the one-call notification system	238
shall register with the public utilities commission and pay a	239
safety registration not to exceed fifty dollars annually, which	240
the commission may lower if the commission determines lowering the	241
registration to be necessary. The amounts shall be used to fund	242
the operation of the underground technical committee, created	243
under section 3781.34 of the Revised Code, and the commission in	244
the performance of duties under this chapter. The commission shall	245
administer and oversee the registration process. Failure to	246
register shall result in a fine of not more than two thousand five	247
hundred dollars.	248

Sec. 4913.05. (A) Any person who has been aggrieved as a	249
result of a compliance failure may file a complaint with the	250
public utilities commission to seek punitive action against the	251
person responsible for the alleged compliance failure.	252

(B) A complaint filed under this section shall state, at a	253
minimum and with particularity, the name of the person responsible	254
for the alleged compliance failure, the date of the compliance	255
failure, the nature of the compliance failure, the location of the	256
compliance failure, and any other information that the complainant	257
considers relevant.	258

(C) The commission shall, not later than five business days	259
after receiving a complaint under this section, notify the person	260
responsible for the alleged compliance failure that the complaint	261
was filed.	262

Sec. 4913.07. If a complaint is filed under section 4913.05	263
of the Revised Code, the person responsible for the alleged	264
compliance failure may, not later than thirty days after receiving	265
notice under that section, respond to the complaint, providing any	266
information that the person considers relevant to the complaint.	267
The response may include an admission of the compliance failure.	268

Sec. 4913.09. (A) The public utilities commission shall	269
conduct an inquiry upon receiving a complaint made under section	270
4913.05 of the Revised Code. The inquiry shall be limited to	271
whether there was a compliance failure.	272

(B) During an inquiry conducted under this section, the	273
commission shall examine relevant facts regarding the alleged	274
compliance failure and may request records verification, informal	275
meetings, teleconferences, photo documentation, and any other	276
documentation or information relevant to the inquiry.	277

Sec. 4913.13. The public utilities commission shall make a	278
report of each inquiry conducted under section 4913.09 of the	279
Revised Code to the underground technical committee, created under	280
section 3781.34 of the Revised Code. The report shall contain any	281
admission made under section 4913.07 of the Revised Code by the	282
person who is the subject of the inquiry. This report shall not	283
contain a recommendation as to the imposition of a fine or	284
penalty.	285

Sec. 4913.15. (A) The underground technical committee shall	286
review every report submitted by the public utilities commission	287
under sections 4913.13 and 4913.16 of the Revised Code.	288

(B) Not later than ninety days after the committee receives	289
the commission's report under section 4913.13 of the Revised Code,	290
the committee shall do either of the following:	291

(1) Make a recommendation to the commission as to the	292
imposition of a fine, a penalty, or a combination of fines and	293
penalties, in accordance with section 4913.151 of the Revised	294
Code;	295

(2) Dismiss the case and notify the commission of the	296
dismissal.	297

(C) There shall be a majority vote of the full committee,	298
with at least one of the commercial-excavator stakeholders voting	299
with the majority, for the committee to do either of the	300
following:	301

(1) Recommend a fine, penalty, or a combination of fines and	302
penalties under this section or section 4913.16 of the Revised	303
Code;	304

(2) Dismiss a case under this section or section 4913.16 of	305
the Revised Code.	306

If the committee fails to achieve the required majority for	307
any action described in divisions (C)(1) and (2) of this section,	308
it shall notify the commission.	309

Sec. 4913.151. (A) In determining a fine or penalty	310
recommendation as required under section 4913.15 or 4913.16 of the	311
Revised Code, the underground technical committee shall consider	312
the following, as applicable:	313

(1) The person's demonstrated history of one-call, design,	314
and excavation practices, including the following:	315

(a) The number of locate requests received and responded to;

316

(b) The number of locates completed;

317

318

(d) The number of excavations completed;

319

(e) The number of design or development projects.

320

(2) The nature, circumstances, and gravity of the compliance	321
failure, including the amount of damage involved in relation to	322
the compliance failure, and whether it resulted in death, serious	323
injury, dismemberment, or a significant threat to public safety;	324

(3) The organizational size of the responsible person;

325

(4) The prospective effect of a fine on the person's ability	326
to pay business obligations and otherwise conduct business;	327

(5) The history or number of compliance failures by the	328
person;	329

(6) The good faith effort on the person's part in attempting	330
to achieve compliance after the compliance failure was identified.	331

(B)(1) If the compliance failure is the first for the person	332
responsible, the committee may recommend a penalty of a training	333
requirement, an education requirement, or another penalty, or may	334
recommend a fine not exceeding two thousand five hundred dollars,	335
or may recommend a combination of this fine and these penalties.	336

(2) If the compliance failure is a subsequent compliance	337
failure for the person responsible, the committee may recommend a	338
penalty of a training requirement, an education requirement, or	339
another penalty, or may recommend a fine not exceeding five	340
thousand dollars, or may recommend a combination of this fine and	341
these penalties.	342

Any penalty recommended under this division shall be	343
appropriately related to enforcement of the provisions enumerated	344
in division (A) of section 4905.041 of the Revised Code.	345

Sec. 4913.152. The underground technical committee may	346
communicate with responsible persons as part of the committee's	347
review under section 4913.15 of the Revised Code and to assist the	348
committee in making recommendations under that section and section	349
4913.16 of the Revised Code.	350

Sec. 4913.16. (A) If the underground technical committee	351
fails to make a recommendation during the ninety-day time period	352
required under division (B) of section 4913.15 of the Revised	353
Code, and the committee has not dismissed the case, the public	354
utilities commission shall make a recommendation as to a fine or	355
penalty. The commission shall amend the initial report made under	356
section 4913.13 of the Revised Code to add the recommendation, and	357
shall submit the amended report to the committee.	358

(B) Not later than thirty days after the committee receives	359
the amended report, the committee shall do either of the	360
following:	361

(1) Make a recommendation to the commission as to the	362
imposition of a fine, penalty, or a combination of fines and	363
penalties in accordance with division (C) of section 4913.15 and	364
section 4913.151 of the Revised Code;	365

(2) Dismiss the case and notify the commission of the	366
dismissal.	367

(C) If the committee fails to make a recommendation during	368
the thirty-day time period required under division (B) of this	369
section, and the committee has not dismissed the case under that	370
division, the commission shall, at its sole discretion, impose a	371
fine or penalty consistent with section 4913.151 of the Revised	372
Code.	373

Sec. 4913.17. (A) Based upon the number and type of	374
compliance failures committed by a person, the underground	375
technical committee may find, as part of the committee's review	376
under section 4913.15 of the Revised Code, that the person is a	377
persistent noncomplier.	378

(B) The committee shall report a finding made under division	379
(A) of this section to the public utilities commission.	380

(C) There shall be a majority vote of the full committee,	381
with at least one of the commercial-excavator stakeholders voting	382
with the majority, for the committee to make a finding under	383
division (A) of this section.	384

Sec. 4913.171. If the underground technical committee reports	385
that a person responsible for a compliance failure has been found	386
to be a persistent noncomplier under section 4913.17 of the	387
Revised Code, the public utilities commission may, at its sole	388
discretion, impose a fine on the person not exceeding ten thousand	389
dollars. A penalty recommended by the committee under section	390
4913.15 or 4913.16 of the Revised Code may also be imposed by the	391
commission.	392

Sec. 4913.19. (A) The underground technical committee may	393
request a hearing with the public utilities commission if the	394
committee believes that any person responsible for a compliance	395
failure should be subject to a fine or penalty exceeding those	396
described in section 4913.151 of the Revised Code. As a result of	397
the hearing, the commission shall impose a fine or penalty at the	398
commission's discretion.	399

(B) There shall be a majority vote of the full committee,	400
with at least one of the commercial-excavator stakeholders voting	401
with the majority, for the committee to request a hearing under	402
division (A) of this section.	403

Sec. 4913.21. Except as provided in sections 4913.171 and	404
4913.19 of the Revised Code, the public utilities commission shall	405
impose every recommendation made under section 4913.15 or 4913.16	406
of the Revised Code by the underground technical committee.	407

Sec. 4913.22. A person subject to a fine imposed under	408
section 4913.171, 4913.19, or 4913.21 of the Revised Code or	409
division (C) of section 4913.16 of the Revised Code shall pay the	410
fine not later than sixty days after the fine or penalty is	411
imposed. A person subject to a penalty imposed under any of those	412
sections or that division shall begin compliance with the penalty	413
not later than thirty days after the penalty is imposed.	414

Sec. 4913.23. The public utilities commission shall notify	415
the complainant and the person responsible for the compliance	416
failure of any fine or penalty imposed under section 4913.171,	417
4913.19, or 4913.21 of the Revised Code or division (C) of section	418
4913.16 of the Revised Code, or of a dismissal under section	419
4913.15 or 4913.16 of the Revised Code. The notice shall include	420
all of the following, as applicable:	421

(A) The date of the compliance failure;

422

(B) The citation to the statute that was not complied with;

423

424

(D) The fine or penalty to be imposed, if any;

425

(E) Instructions on how to remit payment of a fine or to	426
comply with a penalty;	427

(F) Instructions on how the person may file for	428
reconsideration under section 4913.25 of the Revised Code and how	429
to make a timely filing;	430

(G) A statement that failure to file for reconsideration	431
under section 4913.25 of the Revised Code will make any findings	432
final and enforceable.	433

Sec. 4913.25. (A) If either the complainant or the person	434
responsible for the compliance failure disagrees with a finding	435
made by the underground technical committee under section 4913.15	436
or 4913.16 of the Revised Code, either person may, not later than	437
thirty days after receiving notice under section 4913.23 of the	438
Revised Code, file a written application with the public utilities	439
commission for reconsideration of the committee's finding. The	440
application for reconsideration must state with particularity the	441
grounds for reconsideration.	442

(B) Upon the filing of an application for reconsideration	443
under this section, the commission shall review the finding of the	444
committee.	445

(C) At the commission's sole discretion, the commission may	446
hold a hearing on the application for reconsideration.	447

(D) The commission shall affirm, reject, or modify the	448
finding of the committee and shall, at its sole discretion, impose	449
any fine or penalty authorized under this chapter. The person	450
responsible for the compliance failure shall pay any fine not	451
later than sixty days after the fine is assessed and shall begin	452
compliance with any penalty not later than thirty days after the	453
penalty is imposed.	454

Sec. 4913.27. (A) All hearings brought under this chapter	455
shall be conducted in a manner consistent with Chapter 4903. of	456
the Revised Code.	457

(B) The public utilities commission shall deposit all fines	458
collected under this chapter into the underground facilities	459
protection fund created under section 4913.29 of the Revised Code.	460

Sec. 4913.29. There is hereby created in the state treasury	461
the underground facilities protection fund. The fund shall consist	462
of all fines collected under this chapter. The fund shall retain	463
the interest earned. The amounts in the fund shall be used solely	464
to fund grants under section 4913.31 of the Revised Code.	465

Sec. 4913.31. (A) The public utilities commission may	466
administer an underground utility damage prevention grant program	467
to provide grants for any of the following purposes:	468

(1) Public awareness programs established by a protection	469
service;	470

(2) Training and education programs for excavators,	471
operators, designers, persons who locate underground utility	472
facilities, or other persons;	473

(3) Programs providing incentives for excavators, operators,	474
persons who locate underground utility facilities, or other	475
persons to reduce the number and severity of compliance failures.	476

(B) The commission shall determine the appropriate amount of	477
any grant issued under this section.	478

Sec. 4913.45. (A) The public utilities commission shall, in	479
coordination with the underground technical committee, adopt rules	480
regarding all of the following:	481

(1) Guidelines for consistent application of fines and	482
penalties under this chapter;	483

(2) Tracking compliance of persons on whom fines or penalties	484
have been imposed under this chapter;	485

(3) The required contents of the underground utility damage	486
prevention grant program established under section 4913.31 of the	487
Revised Code;	488

(4) The gathering, review, and acceptance of applications for	489
a grant under section 4913.31 of the Revised Code;	490

(5) The dispensation and tracking of money from the	491
underground utility damage prevention fund;	492

(6) The committee's duties, including rules that establish	493
the committee's operation, meeting schedule, and voting	494
procedures.	495

(B) The commission may adopt rules establishing the	496
following:	497

(1) Procedures for conducting inquiries under section 4913.09	498
of the Revised Code;	499

(2) Any other duties for the underground technical committee	500
pursuant to section 3781.36 of the Revised Code.	501

Sec. 4913.47. Notwithstanding any provision of the Revised	502
Code to the contrary, if a person is subject to more than one fine	503
for the same compliance failure, and one fine is imposed under	504
this chapter and one or more other fines are imposed under federal	505
law, rules, or regulations, the person shall not be required to	506
pay the fine imposed under this chapter.	507

Sec. 4913.50. Any proceeding held under this chapter or any	508
fine or penalty imposed under this chapter shall neither prevent	509
nor preempt the right of any party to obtain civil damages for	510
personal injury or property damage in a private cause of action.	511
No finding, determination, or recommendation of the underground	512
technical committee and no decision of the public utilities	513
commission shall be determinative of civil liability.	514

Sec. 4913.52. A person with a permit for excavation from the	515
state or a local governmental unit is subject to this chapter.	516
This chapter does not affect or impair local ordinances, charters,	517
or other provisions of law requiring permits to be obtained before	518
excavating.	519

Section 2. That existing section 3781.25 of the Revised Code	520
is hereby repealed.	521