Page 3 - Arkansas 811 Magazine 2021 Issue 3

Publisher’s Perspective
Welcome to another edition of the Arkansas 811 Magazine. As has been stated in past issues, the goal of the
811 Magazine team is a simple one. It is to provide stakeholders with a unique opportunity to share their perspectives regarding a fair and effective damage prevention program within the state. This is done through relevant articles, and/or the reporting of newsworthy events such as the Arkansas Damage Prevention Summit held this past July. (See article in this issue)
Interestingly enough, because of PHMSA’s involvement in
auditing state regulatory agencies within a state, somehow “fair
and effective enforcement” terminology became part of the gas and pipeline industry talking points. However, there are a lot of industry stakeholder groups who have never heard of PHMSA and aren’t regulated by the PSC who have long touted the importance of being held accountable.
Recently, and in conjunction with the Summit, a stakeholder meeting was held to primarily discuss two items.
1. What were the lessons learned from the previous legislative effort to amend the Dig Law to include enforcement for violations for all utilities. One participant stated, “even though the legislation failed, the effort was a success in that it got us together to have this important discussion”
2. To see if there was interest in working together to create a path forward to achieve the common goal of public safety and the protection of our valuable underground infrastructure.
This writer’s opinion is that the meeting was a success, in that it set a tone for better understanding of the different perspectives involved and a sense that we can get this done only by working together. Time will tell how valuable the effort really was, but an agreed-upon timeline was set for a draft version of the enforcement process to be developed and shared with stakeholders by June 2022 for feedback. From there, of course, the expectation would be that it would be introduced at the 2023 legislative session.
What will the enforcement process look like? Who will be administering the enforcement, will it be the PSC or an enforcement board? What will the penalties look like? Will it include penalties for violating the Arkansas dig law or will it be just for damages? Obviously, there are still lots of questions and if you have strong thoughts about these or other associated issues, send them to digsafely@arkansas811.com.
Perhaps you want to stay up with this important issue or other relevant damage prevention issues in Arkansas. If so, go to www.arkansas.811magazines.com and click on subscriptions. All magazines are mailed quarterly at no cost to U.S. addresses only.
Roger Cox President ACTS Now, Inc.
2021, Issue 3 Arkansas 811 Magazine • 1