Georgia Code
Chapter 9 - Blasting or Excavating Near Underground Facilities
§ 25-9-14. Liability; Bonds; Enforcement; Advisory Committee; Civil Penalties; Settlement Recommendations

The commission chairperson or his or her designee shall serve as chairperson of the advisory committee and shall cast a vote only in the case of a tie. Persons appointed to the advisory committee shall have expert knowledge of this chapter and specific operations expertise with the subject matter encompassed by the provisions of this chapter.
History. Code 1981, § 25-9-13 , enacted by Ga. L. 1986, p. 1069, § 1; Ga. L. 1989, p. 495, § 1; Ga. L. 1990, p. 805, § 1; Ga. L. 2000, p. 780, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2005, p. 1142, § 10/SB 274; Ga. L. 2014, p. 652, § 7/SB 117; Ga. L. 2014, p. 866, § 25/SB 340; Ga. L. 2015, p. 5, § 25/HB 90; .
The 2014 amendments.
The first 2014 amendment, effective July 1, 2014, rewrote this Code section. The second 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, deleted “(h)” at the beginning of subdivision (h)(2)(A).
The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, revised language in the introductory language of subsection (a).
The 2022 amendment, effective September 1, 2022, redesignated former Code Section 25-9-13 as present Code Section 25-9-14; substituted “underground” for “utility” throughout this Code section; rewrote the introductory paragraph of subsection (a), which read: “Any person who violates the requirements of subsection (a), (f), or (g) of Code Section 25-9-6 and whose subsequent excavating or blasting damages utility facilities or sewer laterals shall be strictly liable for:”, in paragraph (a)(1), added “, excluding betterments” at the end of the first sentence and added the second and third sentences; substituted “blasting or excavating” for “excavating or blasting” and “any public” for “the public” in subsection (b); substituted “that” for “who” and “when resultant blasting or excavating” for “whose subsequent excavating or blasting” in the first sentence in subsection (c); substituted “in instances when” for “whenever” in subsection (d); substituted “that commences, performs, or engages” for “who shall commence, perform, or engage” in subsections (e) and (f); in subsection (e), inserted “appropriate” and substituted “with respect to” for “respecting” in the first sentence, and added the second sentence; substituted “that causes damage to an underground” for “who causes damage to a utility” and “indication that an underground” for “indication that a utility” in subsection (f); added subsection (g); redesignated former subsection (g) as subsection (h) and added the second sentence; added subsection (i); redesignated former subsections (h) through (j) as (j) through (l); substituted “as follows” for “consisting of persons who are employees or officials of or who represent the interests of” at the end of the introductory language of paragraph (j)(1), substituted “traffic control devices, traffic management systems, water systems,” for “water systems” in subparagraphs (j)(1)(B), (j)(1)(D), and (j)(1)(E), substituted “UPC” for “utilities protection center” at the end of subparagraph (j)(1)(C), inserted “member to represent” in divisions (j)(1)(G)(i) through (j)(1)(G)(v), substituted “contractors” for “contractor” in divisions (j)(1)(G)(i), (j)(1)(G)(ii), (j)(1)(G)(iv), and (j)(1)(G)(v), and substituted “plumbers” for “plumber” in division (j)(1)(G)(iii); in subparagraph (k)(2)(A), inserted “facility” in the third sentence, deleted “on or after January 1, 2006” following “imposed” in the fourth sentence, substituted “that an” for “that a” in the seventh sentence, and in the eighth sentence, substituted “shall“ for “does” and inserted “facility”; in subparagraph (k)(2)(B), inserted “facility” in the first sentence and substituted “number of customers” for “number of utility customers” in the second sentence; and substituted “shall” for “will” and “such” for “that” in the last sentence in paragraph (k)(5).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2022, a comma was deleted preceding “imposed” in the fourth sentence of subparagraph (k)(2)(A).
Editor’s notes.
See the editor’s notes to Code Section 25-9-12.

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