14 May Support for Senate Bill 469
The Honorable Beth Mizell
Chairwoman, Senate Committee on Commerce, Consumer Protection and International Affairs
P.O. Box 94183
Baton Rouge, LA 70804
The Honorable Robert Allain
Vice Chairman, Senate Committee on Commerce, Consumer Protection and International Affairs
P.O. Box 94183
Baton Rouge, LA 70804
The Honorable Mark Abraham
Member, Senate Committee on Commerce, Consumer Protection and International Affairs
P.O. Box 94183
Baton Rouge, LA 70804
RE: Support for Senate Bill 469
Dear Chairwoman Mizell, Vice Chairman Allain and Senator Abraham:
On behalf of the Damage Prevention Action Center (DPAct), I am writing to express our support for SB 469. DPAct is a coalition of energy, utility, construction and infrastructure stakeholders whose mission is to advocate for public policies and industry practices that protect underground utility infrastructure and those who work and live near these important assets.[1] Senate Bill 469 advances several of DPAct’s core policy priorities, and we are pleased to offer our support.
DPAct focuses on empowering elected and public officials to safeguard their communities, improve worker safety, and protect critical underground infrastructure in accordance with the Common Ground Alliance’s data-driven resources and consensus-based Best Practices in damage prevention.
Strengthening Positive Response Requirements
DPAct strongly supports SB 469’s mandate that facility owners and operators provide a positive response through the 811 notification center before the marking deadline expires, with clear status designations indicating whether facilities are present and marked, not present or require additional time. This change brings Louisiana in line with CGA Best Practices and significantly improves accountability and clarity for all stakeholders. Ensuring that excavators have timely, reliable confirmation of locate status before breaking ground is one of the most effective tools available to reduce damages to underground infrastructure.
Adding Enforcement Authority
Effective, balanced enforcement for all stakeholders is a cornerstone of DPAct’s policy platform, and we are pleased that SB 469 takes meaningful action in this area. The bill’s new provision authorizing law enforcement to order cessation of excavation when there is reasonable cause to believe a violation is occurring — including the absence of a valid locate ticket or excavation in unmarked areas — is a critical step toward ensuring that damage prevention laws carry real consequences. Laws without enforcement mechanisms cannot drive the behavior change necessary to reduce damages.
Narrowing Municipal Opt-Out Eligibility
DPAct advocates for the removal of special-interest exemptions from 811 notification requirements as a key strategy for reducing damages. SB 469’s significant rewrite of the voluntary participation provision — narrowing opt-out eligibility to municipalities operating under a home rule charter adopted before December 31, 1998, and removing the provision allowing newly incorporated municipalities to opt out — is a meaningful step in the right direction. Broad exemptions from participation in the 811 system undermine the integrity of the system as a whole and increase risk for excavators and communities alike.
A Note on the BEAD Broadband Provisions
DPAct recognizes the importance of expanding broadband access across Louisiana and appreciates that SB 469 creates a structured framework for BEAD-funded excavation projects. We encourage the Legislature to monitor implementation of this temporary framework closely to ensure that the coordination agreements, positive response timelines and on-site requirements function as intended — and that broadband expansion does not come at the cost of safety. DPAct remains available to provide data and Best Practices guidance as this framework is evaluated.
Louisiana has an opportunity to set an example for the nation. I would like to thank Senator Abraham for his leadership and commitment to modernizing Louisiana’s underground damage prevention framework and ensuring the safety of communities across the state.
[1] Damage Prevention Action Center members: https://damagepreventionactioncenter.com/members/
Sincerely,
Sarah K. Magruder Lyle
Executive Director