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HB298 INTRODUCED
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HB298
DGVJ7HN-1
By Representatives Marques, Sorrells, Smith
RFD: Boards, Agencies and Commissions
First Read: 21-Jan-26
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DGVJ7HN-1 01/20/2026 CMH (L)bm 2026-350
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First Read: 21-Jan-26
SYNOPSIS:
Under existing law, the Underground Damage
Prevention Program exists to administer the One-Call
Notification System to safeguard against injury and
loss of life due to excavation or demolition and to
protect underground facilities from costly damage and
the interruption of utility or other services to the
general public.
The program is subject to a statutory sunset
clause which takes effect on January 1, 2027.
This bill would extend the statutory sunset
clause to January 1, 2036.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Underground Damage Prevention Program;
to amend Section 37-15-5, Code of Alabama 1975, to extend the
existing statutory sunset clause related to the program.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 37-15-5, Code of Alabama 1975, is
amended to read as follows:
"§37-15-5
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"§37-15-5
(a) Until January 1, 20272036:
(1) Operators who have underground facilities within
this state shall participate in and utilize the services of
the One-Call Notification System.
(2) Operators that are members of the One-Call
Notification System on January 1, 2020, must remain members.
(3) Operators with more than 25,000 customers or 500
miles of facilities, that are not members, must join the
One-Call Notification System by January 1, 2021.
(4) Operators that do not meet the thresholds described
in subdivision (2) or (3), must join the One-Call Notification
System by January 1, 2022.
(5)(2) Operators of electrical underground facilities
that join the One-Call Notification System under the
requirements of subdivision (3) or (4) having less than five
percent underground trench miles compared to the total miles
of line , are not subject to the membership costs until their
underground trench miles exceed the trench mile exemption.
These operators shall be required to report annually to the
One-Call Notification System their percentage of underground
trench miles by the end of each calendar year.
(6)(3) If an operator of an underground facility fails
to become a member of the One-Call Notification System, as
required by this chapter, and that failure is a cause of
damage to that underground facility caused by a person who has
complied with this chapter and has exercised reasonable care
in the performance of the excavations that has caused damage
to the underground facility, the operator has no right of
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to the underground facility, the operator has no right of
recovery against the person for the damage to that underground
facility.
(b) Between April 18, 1994, and January 1, 1995, or any
time thereafter, any Any non-profit nonprofit corporation,
public corporation, or governmental entity desiring to become
the One-Call Notification System shall apply to the Alabama
Public Service Commission for a certificate of public
convenience and necessity, verifying under oath that the
applicant meets the requirements of this chapter. After a
public hearing on the application, if the Alabama Public
Service Commission deems that the applicant meets the
requirements of this chapter, and if it is found that the
applicant is fit, willing, and able to properly perform the
services proposed and that the proposed service is or will be
required by the present or future public convenience or
necessity, then in such event the Alabama Public Service
Commission may issue a certificate of public convenience and
necessity authorizing the applicant to commence its operation
as the One-Call Notification System. The Alabama Public
Service Commission shall revoke a certificate if the
non-profit nonprofit corporation, public corporation, or
governmental entity ceases to meet the requirements as set
forth in this chapter. The One-Call Notification System must
provide a report of operations and financial review or audit
to the Public Service Commission annually.
(c) Subject to subsections (a) and (b), there shall be
a statewide One-Call Notification System in accordance with
this chapter to provide notice of all excavation or demolition
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this chapter to provide notice of all excavation or demolition
near underground facilities.
(d) The One-Call Notification System shall be
incorporated or operated as a non-profit nonprofit corporation
and governed by a board of directors representing its
membership in accordance with the One-Call Notification System
bylaws.
(e) Operators of underground natural gas or hazardous
liquid pipeline facilities or the One-Call Notification System
acting on their behalf shall develop and implement a public
awareness and damage prevention program to educate the general
public, excavators, and operators about the availability and
use of the One-Call Notification System as required in
applicable federal regulations and the requirements of this
chapter.
(f) The person giving notice of intent to excavate or
demolish shall be furnished an individual reference file
number for each notification and upon request shall be
furnished the names of the operators to whom the notification
will be transmitted.
(g) An adequate record of notifications shall be
maintained by the underground facility operator or the
One-Call Notification System in order to document timely
compliance with this chapter. These records shall be retained
for a period of not less than three years and shall be made
available at a reasonable cost upon proper and adequate
advance request.
(h) The services of the One-Call Notification System
should shall be provided on working days in accordance with the
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should shall be provided on working days in accordance with the
established working day hours.
(i) The One-Call Notification System should shall voice
record the notification telephone calls and after
hoursafter-hours calls should at least reach a voice recording
which explains emergency procedures.
(j) All members of the One-Call Notification System
shall provide the One-Call Notification System with the
following information:
(1) The notification area data in a format as required
by the current database system utilized by the One-Call
Notification System for the locations in which members have
underground facilities or for other reasons wish to receive
notifications of proposed excavations, demolitions, or
blasting. This information shall be updated at least once a
year.
(2) The name, address, and telephone number of a person
to receive emergency notifications.
(k) The One-Call Notification System shall promptly
transmit the information received from the excavator, as set
forth in Section 37-15-4, to its appropriate member operators.
(l) All members of the One-Call Notification System who
have changes, additions, or new installations of buried
facilities within the boundaries of the State of Alabama shall
notify the One-Call Notification System of changes in the
information required in subdivision (1) of subsection (j)(1),
within 30 days of the completion of such change, addition, or
new installation."
Section 2. This act shall become effective on January
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Section 2. This act shall become effective on January
1, 2027.141