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HB322 INTRODUCED
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HB322
FKSKU5D-1
By Representative Clouse
RFD: Transportation, Utilities and Infrastructure
First Read: 22-Jan-26
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FKSKU5D-1 01/22/2026 ZAK (L)ZAK 2026-429
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First Read: 22-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.
This bill would establish various procedures for
excavators to follow prior to commencing complex or
large projects and would extend the statutory sunset
clause pertaining to the program.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Underground Damage Prevention Program;
to amend Sections 37-15-2, 37-15-4, 37-15-4.1, 37-15-5,
37-15-6, 37-15-8, 37-15-9, 37-15-10, 37-15-10.1, and
37-15-10.2, Code of Alabama 1975; and to add Section 37-15-4.2
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37-15-10.2, Code of Alabama 1975; and to add Section 37-15-4.2
to the Code of Alabama 1975, to provide various underground
damage prevention requirements for excavators before
commencing complex or large projects; to extend the statutory
sunset clause related to the program; to further provide for
hearing procedures; and to make nonsubstantive, technical
revisions to update the existing code language to current
style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 37-15-2, 37-15-4, 37-15-4.1,
37-15-5, 37-15-6, 37-15-8, 37-15-9, 37-15-10, 37-15-10.1, and
37-15-10.2, Code of Alabama 1975, are amended to read as
follows:
"§37-15-2
As used in this chapter the following words have the
following meanings:
(1) APPROXIMATE LOCATION OF UNDERGROUND FACILITIES.
Information about an operator's underground facilities which
is provided to a person by an operator and must be accurate to
within 18 inches measured horizontally from the outside edge
of each side of such operator's facility, or a strip of land
18 inches either side of the operator's field mark or the
marked width of the facility plus 18 inches on each side of
the marked width of the facility. The term does not include a
designation of location as to the depth below the surface of
the ground.
(2) AUTHORITY. The Underground Damage Prevention
Authority created under Section 37-15-10.1.
(3) AUTHORITY BOARD. The Underground Damage Prevention
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(3) AUTHORITY BOARD. The Underground Damage Prevention
Board created under Section 37-15-10.1.
(4) BLASTING. The use of an explosive device for the
excavation of earth, rock, or other material or the demolition
of a structure.
(5)a. COMPLEX OR LARGE PROJECT. Any excavation activity
that meets one or more of the following criteria:
1. The activity is initially planned to extend beyond a
standard 40-working day notification period.
2. The project involves five or more work crews
operating concurrently. Concurrent work crews may work for
more than one general contractor on a project.
3. The project requires multiple locate requests for
the same activity within the same geographic area, submitted
within a single working day notification period, with all
activity occurring within the initial life of a single locate
request.
b. This definition establishes the scope for projects
exceeding typical requirements for time, resources, and
coordination across multiple crews or requests within a single
designated notification period
(5)(6) CONTRACT LOCATOR. Any person contracted with an
operator specifically to determine and mark the approximate
location of the operator's utility lines that exist within the
area specified by a notice served on the "One-Call
Notification System. "
(6)(7) DAMAGE. Includes, but is not limited to, the
substantial weakening of structural or lateral support of an
underground facility, penetration or destruction of any
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underground facility, penetration or destruction of any
underground facility's protective coating, housing, or other
protective device, and the partial or complete severance
(partial or complete) of any underground facility, but does
not apply to any operator's abandoned underground facility.
(7)(8) DEMOLITION. Any operation by which a structure
or mass of material is wrecked, razed, rendered, moved, or
removed by means of any tools, equipment, or explosives.
(8)(9) DESIGN OR SURVEY LOCATE REQUEST. Any
communication to the "One-Call Notification System, "
specifically to request existing underground facilities to be
located for bidding, predesign, or advance planning purposes.
A design locate request may not be made or used for excavation
purposes , and an excavation locate request may not be made or
used for design or survey purposes.
(9)(10) EMERGENCY EXCAVATION OR DEMOLITION. An
excavation or demolition that is required to eliminate an
imminent danger to life, health, property, or the environment
or required for the repair or restoration of operator service
that is required to be performed before the notification and
response procedures required in Section 37-15-4 and 37-15-6
may be fully utilized.
(10)(11) EXCAVATE or EXCAVATION. Any operation for the
purpose of the movement or removal of earth, rock, or other
material by mechanized equipment , or explosive device , or hand
digging. and
a. The term includes, but is not limited to, augering,
backfilling, blasting, boring, digging, ditching, dredging,
drilling, grading, pile-driving, plowing-in, pulling-in,
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drilling, grading, pile-driving, plowing-in, pulling-in,
ripping, scraping, sub-soiling, trenching, and tunneling.
Excavate or excavation
b. The term does not include routine any of the
following:
1. Routine roadway maintenance activities carried out
by or for those responsible for publicly-maintained publicly
maintained roadways, provided that the activities meet all of
the following requirements: (i) occur entirely within the
right-of-way of a public road, street, or highway; (ii) are
carried out with reasonable care so as to protect any utility
facilities placed in the right-of-way by permit; (iii) are
carried out within the limits of any original excavation on
the traveled way, shoulder, or drainage ditches of a public
road, street, or highway; and , (iv) if involving the
replacement of existing structures, including traffic control
devices, replace such structures in their approximate previous
locations and at their approximate previous depth. Excavate or
excavation does not include routine
2. Routine railroad maintenance activities conducted
within the track structure and its adjacent right-of-way,
provided the activities are performed by railroad employees or
railroad contractors and are carried out with reasonable care
so as to protect any underground facilities placed in the
railroad right-of-way by agreement with the railroad. Nothing
in this chapter shall modify or abrogate any contractual
provision entered into between any railroad and any other
party owning or operating an underground facility or
underground utility lines within the railroad's right-of-way.
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underground utility lines within the railroad's right-of-way.
3. Activities carried out by those responsible for
publicly maintained roadways when utilizing unmechanized tools
or equipment on its property or on its right-of-way.
(11)(12) EXCAVATOR. Any person who engages in
excavation.
(12)(13) EXECUTIVE COMMITTEE. The executive committee
created under Section 37-15-10.1.
(14) HAND DIGGING. Any movement, placement, or removal
of earth, rock, or other materials in or on the ground by use
of unmechanized tools or equipment, including, but not limited
to, shovels, picks, and post hole diggers. The term does not
include any of the following:
a. A property owner utilizing unmechanized tools or
equipment on their own property.
b. The use of unmechanized tools or equipment by or on
behalf of a member operator to a depth not greater than 18
inches for repairing, connecting, protecting, or routine
maintenance of the member operator's underground facilities.
c. An operator utilizing unmechanized tools or
equipment in the response to a locate request for the purpose
of identifying their facility.
d. An operator replacing above ground structure in its
approximate previous location and at its approximate previous
depth.
e. A person providing or performing land surveying or
engineering activities or services as defined by the State
Board of Licensure for Professional Engineers and Land
Surveyors.
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Surveyors.
(13)(15) IMPLIED EASEMENT. Any unwritten easement or
right-of-way on private property required to provide utility
or other services by means of underground facilities on
property of the owner requesting such service.
(14)(16) MARK or MARKING. The use of stakes, flags,
paint, buoys, or clearly identifiable materials placed on the
surface of the ground or water to show the approximate
location of underground facilities.
(15)(17) MECHANIZED EQUIPMENT. Equipment powered or
energized by any motor, engine, hydraulic, or pneumatic device
and is used for excavation or demolition work , including, but
not limited to, tractors, trenchers, bulldozers, power
shovels, augers, backhoes, scrapers, pile drivers, drills,
cable and pipe plows, or other equipment used for plowing-in
or pulling-in cable or pipe.
(16)(18) MEMBER. A person who participates in the
"One-Call Notification System " to receive services and is in
good standing with the "One-Call Notification System " in
accordance with the guidelines set forth in the corporation's
bylaws.
(17)(19) NEAR MISS. An event where damage did not
occur, but a clear potential for damage was identified.
(18)(20) NONINVASIVE METHOD OF EXCAVATION. A method of
excavation that does not compromise the integrity of the
underground facility. These methods include, but are not
limited to, hand digging, pot holing, soft digging, vacuum
excavation methods, or other methods approved by the operator.
(19)(21) NOTIFICATION AREA. An area or territory which
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(19)(21) NOTIFICATION AREA. An area or territory which
an operator designates as the area where the operator wishes
to receive notifications for any excavation in that area. The
notification area should encompass the underground
distribution system or network of the operator.
(20)(22) ONE-CALL NOTIFICATION SYSTEM. A non-profit
nonprofit corporation, a public corporation, or a governmental
entity which will provide a statewide notification service,
for the purpose of receiving statewide telephonic toll-free or
electronic notification of any planned excavation or
demolition activities by excavators or other persons as set
forth in Section 37-15-4 and distributing the required
excavation or demolition information to its affected member
operators as set forth in Section 37-15-5.
(21)(23) OPERATOR. Any person, governmental agency, or
political subdivision, or its agents, who owns or operates a
public or private underground facility which furnishes
services, information, or materials, or transports or
transmits electric energy, light, water, steam, oil, gases,
gas, mixture of gases, petroleum, petroleum products,
hazardous or flammable liquids, toxic or corrosive fluids and
gases, or items of like nature, and telecommunications, cable
television, water, drainage, sewage, or other systems of like
nature. The term "operator " does not apply to any entity
listed above described in this subdivision if all of the
underground facilities owned and operated by the entity are
for the sole use of the entity and are located solely on the
entity's own property or on property over which the entity has
rights of operation.
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rights of operation.
(22)(24) PERSON. An individual, joint venture,
partnership, association, authority, cooperative, firm,
corporation, governmental entity, or any subdivision or
instrumentality of that entity and its employees, agents, or
legal representatives.
(23)(25) POSITIVE RESPONSE. The communication among
member operators, persons excavating, and the "One-Call
Notification System " concerning the status of locating an
underground facility.
(24)(26) PREMARK. To delineate the general scope of the
excavation on the surface of the ground using white paint,
white stakes, or other similar white markings.
(25)(27) ROUTINE ROADWAY MAINTENANCE. Maintenance work
on a roadway that is not done pursuant to a contract awarded
by a state or local government through a bid process for which
plan drawings have been developed in advance or work for which
detailed and specific scheduling is not possible or feasible ,
except that maintenance work that complies with subparagraph
(11)b.1. may be contracted .
(26)(28) TOLERANCE ZONE. The width of the underground
facility plus 18 inches on either side of the outside edge of
the underground facility on a horizontal plane.
(27)(29) UNDERGROUND FACILITY. Any cable, pipeline,
duct, wire, conduit, or other similar installation, installed
underground or underwater, by which an operator transports or
delivers materials, information, or services.
(28)(30) WILLFUL NONCOMPLIANCE. The intentional refusal
or failure to perform, or comply with, a duty created or
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or failure to perform, or comply with, a duty created or
imposed by this chapter or by the rules adopted pursuant to
this chapter.
(31) WORKING AGREEMENT. An agreement established as
part of the complex or large project process.
(29)(32) WORKING DAY. A 24-hour period commencing the
beginning of the start of the next working day from the time
of receipt of the notification, excluding Saturday, Sunday,
and the following nine holidays: New Year's Day, Memorial Day
(observed), Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, the Friday following Thanksgiving Day,
Christmas Eve, and Christmas Day. When any of these holidays
occur on a Saturday, it will be observed on the preceding
Friday , and when any of these holidays occur on a Sunday, it
will be observed on the following Monday.
(30)(33) WORKING DAY HOURS. The time from 7:00 a.m. to
5:00 p.m. local time on working days."
"§37-15-4
(a) A permit issued pursuant to law authorizing
excavation or demolition operations shall not be deemed to
relieve a person from the responsibility for complying with
this chapter. Any public agency issuing such permit shall
notify the person receiving the permit of the notification
requirements of this chapter ;. however However , failure to
provide such notification shall not make the State Department
of Transportation subject to the penalties provided for in
Section 37-15-10.
(b) Before commencing any excavation or demolition
operation prohibited by Section 37-15-3, each person
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operation prohibited by Section 37-15-3, each person
responsible for the excavation or demolition shall give
telephonic or electronic notice of the intent to excavate or
demolish to the underground facility operator or the "One-Call
Notification System " acting on behalf of the operator at least
two but not more than 10 working days prior to the start of
the proposed excavation, not including the day of
notification, and at least two working days but not more than
30 calendar days, not including the day of notification, prior
to the start of demolition or any blasting operations for
either excavation or demolition.
(c) The notice required by subsection (b) must contain
the name, address, and telephone number of the person
responsible for the excavation or the demolition and the
person giving notice, the proposed starting date and time, the
type of excavation or demolition operation to be conducted,
the location of the proposed excavation or demolition with
sufficient details to enable the operator to locate same with
reasonable certainty, and whether or not explosives are to be
used. In the event the location requirements of this
subsection cannot be met, the excavator shall premark the
route or boundaries of the site of proposed excavation or
demolition by means of white as the identifying color on
stakes, flags, paint, buoys, or clearly identifiable materials
placed on the surface of the ground or water prior to the
notification to the One-Call Notification System. However,
premarking is not required when the premarking could
reasonably interfere with traffic or pedestrian control.
(d) Notification to the One-Call Notification System of
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(d) Notification to the One-Call Notification System of
an intent to excavate shall be valid for a period of 20
working days from the proposed starting date given for
excavation , and the notice to demolish shall be valid for a
period of 30 working days from the starting date given. Each
person responsible for excavation or demolition shall renew
with the One-Call Notification System each notice of intent to
excavate or demolish at least two working days, not counting
including the day of notification, prior to the expiration
date of the notice if the excavation or demolition has not
been completed.
(e) When engaged in an extensive and contiguous
construction, demolition, or excavation activity, working
agreements may be established to accomplish the intent and
purpose of this chapter between operators, public agencies,
and contractors after initial compliance with the notification
provisions of this chapter.
(f)(e) Compliance with the notice requirements of this
section is not required of persons plowing less than 12 inches
in depth for agricultural purposes.
(g)(f) Compliance with the notice requirements of this
section is not required by persons or operators excavating on
their own property or easement when no other persons or
operators have underground facilities on the property or
easement.
(h)(g) Except for those persons submitting design or
survey locate requests, no person, including an operator,
shall request markings of a site through the One-Call
Notification System that meets the operational requirements as
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Notification System that meets the operational requirements as
described in subsection (a) of Section 37-15-5 (a), unless
excavation is scheduled to commence. In addition, no person
shall make repeated requests for remarking, unless the
repeated request is required for excavating to continue or due
to circumstances not reasonably within the control of the
person.
(i)(h) Any person who complies with the notification
requirements of this chapter is not liable for damage to an
operator's underground facility if all of the following are
satisfied:
(1) The operator received the notification required by
this section.
(2) The operator failed to locate its underground
facilities as required by Section 37-15-6.
(3) The damage is a proximate result of the operator's
failure to locate its underground facilities as required by
Section 37-15-6."
"§37-15-4.1
(a) Any person may submit a design or survey locate
request to the One-Call Notification System. The design or
survey locate request shall describe the tract or parcel of
land for which the design or survey locate request has been
submitted with sufficient particularity as defined by policies
developed and promulgated by the One-Call Notification System
to enable the facility operator to ascertain the precise tract
or parcel of land involved and. The request shall state the
name, address, and telephone number , and facsimile number of
the person who has submitted the design or survey locate
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the person who has submitted the design or survey locate
request and the company name of the project owner.
(b) Within five working days after a design or survey
locate request has been submitted to the One-Call Notification
System for a proposed project, the operator shall respond by
one of the following methods:
(1) Marking the approximate location of all underground
facilities in the area of proposed excavation.
(2) Providing to the person submitting the design or
survey locate request the best available description of all
underground facilities in the area of proposed excavation
which may include drawings of underground facilities already
built in the area or other facility records that are
maintained by the facility operator.
(3) Allowing the person submitting the design or survey
locate request or any other authorized person to inspect or
copy the drawings or other records for all underground
facilities within the proposed area of excavation.
(4) The complex or large project process as provided in
Section 37-15-4.2 may be used for complex or large survey or
design projects. "
"§37-15-5
(a) Until January 1, 2027 2037:
(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
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(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 have exercised reasonable
care in the performance of the excavations that has caused
damage 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 nonprofit non-profit 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
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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
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
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(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 be provided on working days in accordance with the
established working day hours.
(i) The One-Call Notification System should voice
record the notification telephone calls , and after hours
after-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
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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."
"§37-15-6
(a)(1) Each operator served with notice in accordance
with Section 37-15-4, with underground facilities in the area,
shall mark or cause to be marked or otherwise provide the
approximate location of the operator's underground facilities
by marking in a manner as prescribed herein prior to the
proposed start of excavation, demolition, or blasting. If any
underground facilities become damaged due to an operator
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underground facilities become damaged due to an operator
furnishing inaccurate information as to the approximate
location of the facilities, through no fault of the operator,
then the civil liabilities imposed by this chapter do not
apply.
(2) In lieu of such marking, the operator may request
to be present at the site upon commencement of the excavation,
demolition, or blasting.
(3) A member operator that states that it does not have
accurate information concerning the exact location of its
underground facilities is exempt from the requirements of this
section, but shall provide the best available information to
the person excavating in order to comply with the requirements
of this section. A person excavating is not liable for any
damage to an underground facility under the exemption in this
subdivision if the excavation or demolition is performed with
reasonable care as noted in Section 37-15-8 , and the excavator
uses detection equipment or other acceptable means to
determine the location of the underground facilities.
(4) When an excavator encounters an unmarked
underground facility on an excavation site where notice of
intent to excavate has been made in accordance with the
provisions of Section 37-15-4, and attempts a follow-up or
second notice relative to revising the original notice to the
One-Call Notification System or the operator, all operators
thus notified must attempt to contact the excavator within
four hours and provide a response relative to any of their
known underground facilities, active or abandoned, at the site
of the excavation.
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of the excavation.
(b) When marking the approximate location of
underground facilities, the operator shall follow the color
code designation in accordance with the latest edition of the
American Public Works Association Uniform Color Code.
(c) The color code designation referenced in this
section shall not be used by any operator or person to mark
the boundary or location of any excavation or demolition area.
If the excavator elects to mark the proposed excavation or
demolition site, the boundary or location shall be identified
using white as the identifying color or with natural color
wood stakes. White flags or white stakes may have a thin
stripe, one inch or less of the designated color code, to
indicate the excavator's proposed type of facility, if
applicable.
(d) Each operator, upon determining that no underground
facility is present on the tract or parcel of land or upon
completion of the marking of the location of any underground
facilities on the tract or parcel of land, shall provide a
positive response with information to the One-Call
Notification System in accordance with the procedures
developed by the One-Call Notification System.
(e) If all operators notified on the locate request
have submitted a positive response that indicates a closed or
completed response by the operator to the One-Call
Notification System prior to the proposed excavation date, the
excavator who made the request, upon verifying the closed or
completed status in the positive response system, may begin
work prior to the proposed date of excavation given, while
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work prior to the proposed date of excavation given, while
following all requirements of Section 37-15-8 or other
applicable portions of this chapter The requirement for
providing a positive response shall become effective January
1, 2021 .
(f) After the required notice of excavation is given
and the operator has designated the facility as complete or
cleared in the positive response system or has otherwise
responded in accordance with this section, if the excavator
observes or becomes aware of an unmarked underground facility
in the area of proposed excavation, the excavator shall not
begin excavating until an additional notice is made to the
One-Call Notification System. The excavator may begin after
the giving of the notice, but shall exercise reasonable care
to avoid the underground facility that was observed.
(f)(g) Any contract locator acting on behalf of an
operator is subject to this section."
"§37-15-8
In addition to the notification requirements of Section
37-15-4, each person responsible for an excavation or
demolition operation designated in Section 37-15-3, when
performing excavation or demolition within the tolerance zone,
shall do all of the following to avoid damage to or minimize
interference with the underground facilities:
(1) Determine the location of any marked underground
facility utilizing noninvasive methods of excavation. For
parallel type excavations, the existing facility shall be
exposed at intervals as often as necessary to avoid damages.
(2) Maintain a clearance of at least 18 inches between
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(2) Maintain a clearance of at least 18 inches between
any underground facility and the cutting edge or point of
mechanized equipment.
(3) When crossing the facility within the tolerance
zone, use reasonable care to ascertain the depth of the
underground utilities below the surface of the ground.
(3)(4) Provide such support for underground facilities
in and near a construction area, including backfill
operations, as may be reasonably required by the operator for
the protection of the utilities.
(4)(5) Protect and preserve the markings of approximate
locations of underground facilities until those markings are
no longer required for proper and safe excavation or
demolition."
"§37-15-9
(a) Each person responsible for any excavation or
demolition operation that results in any damage to an
underground facility, immediately upon discovery of such
damage, shall notify the operator of such facility of the
location of the damage or the One-Call Notification System
operating on behalf of the underground facility owner and
shall allow the operator reasonable time to accomplish any
necessary repairs before completing the excavation or
demolition in the immediate area of the damage to such
facility.
(b) In addition to subsection (a), each person
responsible for any excavation or demolition shall immediately
report to the operator or the One-Call Notification System
operating on behalf of the underground facility owner and
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operating on behalf of the underground facility owner and
appropriate law enforcement agencies and fire departments any
damage to an underground facility that results in escaping
flammable, corrosive, explosive, or toxic liquids or gas and
shall take reasonable actions necessary to protect persons or
property and to minimize safety hazards until those law
enforcement agencies and fire departments and the operator
arrive at the underground facility.
(c) If an event damages any pipe, cable, or its
protective covering, or other underground facility, or there
is a significant near miss that could have resulted in damage,
the operator receiving the notice shall file a report with the
One-Call Notification System. Reports must be submitted
annually to the system, no later than March 31 for the prior
calendar year by the deadline date established for the prior
year reporting , or more frequently at the option and sole
discretion of the operator. Each report must describe, if
known, the cause, nature, and location of the damage. The
One-Call Notification System shall establish and maintain a
process to facilitate submission of reports by operators or
persons excavating.
(d) A public agency shall not be liable for physical or
other damages that occur to an underground facility during the
course of performing routine roadway maintenance when the
underground facility was installed within the public
right-of-way in violation of the public agency's requirements
or not in accordance with the utility permit under which the
installation was performed. "
"§37-15-10
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"§37-15-10
(a) Any person who violates this chapter, or the rules
adopted under this chapter, shall be subject to a civil
penalty as follows:
(1) For a first violation, the violator shall complete
a course of training concerning compliance with this chapter
or pay a civil penalty in an amount not to exceed five hundred
dollars ($500) per incident, or both.
(2) For a second or subsequent violation within a
12-month period, the violator shall complete a course of
training concerning compliance with this chapter or pay a
civil penalty in an amount not to exceed one thousand dollars
($1,000) per incident, or both.
(3) For a third or subsequent violation within a
12-month period, the violator shall complete a course of
training concerning compliance with this chapter and pay a
civil penalty in an amount not to exceed three thousand
dollars ($3,000) per incident.
(4) Notwithstanding this subsection, if any violation
was the result of gross negligence or willful noncompliance,
the violator shall be required to complete a course of
training concerning compliance with this chapter and pay a
civil penalty in an amount not to exceed ten thousand dollars
($10,000) per incident.
(b) Any person who is required to complete a course of
training under this section shall be responsible for paying
for the cost of the training. For those instances in which
training is ordered, if the person is a firm, partnership,
association, corporation, limited liability company, joint
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association, corporation, limited liability company, joint
venture, department, or subdivision of the state or other
governmental entity or any other body or organization, it may
be required that at least one manager or supervisor thereof
attend any training.
(c) The penalties provided under this section may be
subject to periodic review by the authority board and revised ,
by rule , as needed to ensure enforcement penalties are deemed
effective and are in compliance with federal law.
(d) The amount of such penalties shall be dependent
upon the degree of non-compliance noncompliance , the amount of
injury or damage caused, the degree of threat to public
safety, the degree of public inconvenience caused as a result
of the violation, and the number of past violations.
Mitigation of the penalty may be shown by good faith efforts
of the violator to have complied with this chapter.
(e) The Underground Damage Prevention Fund is created
within the State Treasury, to be administered by the
authority. All penalties recovered in actions brought by the
authority under this chapter shall be paid into the
Underground Damage Prevention Fund. All sources of funds
collected by the authority under this chapter, including, but
not limited to, grants, assessments, and civil penalties,
shall be deposited into the fund. Any monies remaining in the
Underground Damage Prevention Fund fund at the end of the
fiscal year shall not revert to the State General Fund, but
shall remain in the Underground Damage Prevention Fund for the
exclusive use of the authority. The expenditures of monies in
the Underground Damage Prevention Fund shall be at the
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the Underground Damage Prevention Fund shall be at the
discretion of the authority board to carry out its duties
under this chapter. Excess funds shall be used for purposes
related to underground facility damage prevention, including,
but not limited to, support public awareness programs and
training and education of excavators, operators, locators, and
other persons to reduce the number and severity of violations
of this chapter.
(f) This chapter does not affect any civil remedies for
personal injury or property damage or criminal sanctions
except as otherwise specifically provided for in this chapter.
(g) Evidence of findings of fact, civil penalties, or
any of the actions or proceedings pursuant to this chapter
shall not be admissible in any other civil causes of actions
related to the excavation or damage for which the penalty or
fine was issued ;. however However , these materials are
discoverable in civil actions arising from the facts herein.
This chapter does not limit any person's right to pursue any
additional civil remedy otherwise allowed by law.
(h) No civil penalty may be imposed pursuant to this
section against an excavator or operator who violates any
provision of this chapter if the violation occurred while the
excavator or operator was responding to an emergency.
Notwithstanding the foregoing, the civil penalty shall be
imposed if the violation was willful or malicious.
(i) This section shall not be construed to limit any
provision of law granting governmental immunity to state or
local entities or to impose any liability or duty of care not
otherwise imposed by law upon any state or local entity.
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HB322 INTRODUCED
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otherwise imposed by law upon any state or local entity.
(j) Any person who willfully or maliciously removes or
otherwise destroys a marking used by an operator to mark the
location of any underground facility, except in the ordinary
course of excavation, is guilty of a Class C misdemeanor.
(k) Any monies received by the Underground Damage
Prevention Authority prior to April 22, 2021, which were
directed to be paid into the Underground Damage Prevention
Fund, shall be deposited into the fund."
"§37-15-10.1
(a) The Underground Damage Prevention Authority is
created for the purpose of enforcing this chapter and for
reviewing penalty provisions and the adequacy of the
enforcement process. It is the intent of the Legislature that
the authority and its enforcement activities not be funded by
appropriations from the state budget.
(b) The authority shall may utilize the services of the
Alabama Public Service Commission to provide administrative
support for the authority, or the authority may contract with
a third-party administrator, subject to the concurrence by the
authority board. The Public Service Commission , or the
third-party administrator, shall charge the expenses
associated with the administrative duties of the authority
back to the authority, subject to the concurrence of the
authority board. The administrative support provided by the
Alabama Public Service Commission to the authority is in an
administrative capacity only and nothing in this chapter shall
expand the jurisdiction of the Alabama Public Service
Commission in any way.
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Commission in any way.
(c) The authority shall be composed of a board of
underground facility protection stakeholders. The board shall
be composed of one subject matter expert representative from
each of the following stakeholders and all board appointments
shall be made by March 31, 2020, as follows:
(1) Alabama Attorney General's Office.
(2) Alabama Public Service Commission - gas pipeline
safety.
(3) Alabama State Department of Transportation.
(4) Alabama county engineers.
(5) Cable television industry.
(6) Electric utility industry.
(7) Municipal utility operator industry.
(8) Natural gas distribution industry.
(9) One-Call Notification System.
(10) Professional excavator industry.
(11) Professional road builder industry.
(12) Professional land surveyor industry.
(13) Telecommunications industry.
(14) Transmission pipeline industry.
(15) Utility facility locating industry.
(16) Water utility industry.
(17) Wastewater industry.
(d) The Governor shall appoint the stakeholder
representatives selected from qualified persons as provided in
subsection (c) with the exception of the stakeholder
representatives from the Alabama Attorney General's office,
the Alabama Public Service Commission - gas pipeline safety,
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the Alabama Public Service Commission - gas pipeline safety,
and the Alabama State Department of Transportation, who shall
be appointed by the head of the respective agency. The initial
authority board shall be appointed with staggered terms as
determined by the Governor. After the initial appointment,
each stakeholder representative shall serve a term of three
years or until a replacement is appointed, whichever occurs
later. No person shall be appointed for more than two full
consecutive terms with the exception of the stakeholder
representatives from the Alabama Attorney General's office,
the Alabama Public Service Commission - gas pipeline safety,
the Alabama State Department of Transportation, and the
One-Call Notification System.
(e) Membership of the authority board shall be
inclusive and reflect the racial, gender, geographic,
urban/rural urban, rural , and economic diversity of the state.
(f) The board shall elect an executive committee made
up of five representatives from the authority board as
provided in this section excluding those entities representing
a state agency, who will be responsible for levying civil
penalties and taking actions as described in Section 37-15-10,
this section, and Section 37-15-10.2.
(g) Members of the authority board and executive
committee may participate in a meeting of the board or
committee by means of telephone conference, video conference,
or similar communications equipment by means of which all
persons participating in the meeting may hear each other at
the same time and members of the public may simultaneously
listen to the meeting. Participation by such means shall
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HB322 INTRODUCED
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listen to the meeting. Participation by such means shall
constitute presence in person at a meeting for all purposes.
(h) The board may do all of the following:
(1) Adopt rules to conduct the affairs of the
authority.
(2) Make and enter into contracts.
(3) Enter into an interagency agreement with the
Attorney General's office General to serve as legal counsel.
The Attorney General shall be compensated at a rate not to
exceed the normal hourly rate authorized by the Governor for
legal services contracts. The authority shall also reimburse
the Attorney General for any expenses incurred in providing
legal representation.
(4) Oversee the development of or contract for the
development and administration of the designated training
program.
(5) Evaluate and revise the enforcement program process
and penalty structure by adopting rules if the current
structure does not meet the purpose and intent of this chapter
or federal law.
(i) No member of the board, individually or jointly,
shall be civilly liable for acts within the scope of his or
her duties as a board member which are made in good faith and
are absent unreasonable, wanton, willful, intentional conduct ,
or a violation of federal law.
(j) The members of the board shall serve without
compensation.
(k) Nothing in this chapter shall grant the authority
jurisdiction over damage to utilities located above the
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HB322 INTRODUCED
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jurisdiction over damage to utilities located above the
ground.
(l) Board members shall not participate in any
enforcement action decisions pertaining to the entity they
represent."
"§37-15-10.2
(a) Any person who violates this chapter may be
reported to the authority for the alleged violation.
(b) The board shall develop and implement a process for
the receipt of a complaint of a violation of this chapter. The
complaint must be made no later than 30 days after the known
occurrence of the violation. A complaint may be filed as
information only and designated not to be pursued under the
enforcement provisions.
(c) Upon receipt of a complaint of a violation of this
chapter, the administrator, operating on behalf of the
authority, shall provide notice to the reported violator
advising that a complaint of violation has been made setting
out the time and place of the alleged violation, the identity
of who reported the violation, his or her right to file a
written response within 14 days, and his or her right to
appeal from an adverse decision.
(d) The administrator, acting on behalf of the
authority, shall submit the complaint and documentation to the
executive committee.
(e) The authority executive committee shall review the
complaint and any documentation regarding the complaint and
make any needed recommendation for penalty action.
(f) The administrator, operating on behalf of the
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(f) The administrator, operating on behalf of the
authority, shall notify the complainant and the reported
violator of any penalty assessed.
(g) Once the reported violator is notified of the
designated penalty as described in Section 37-15-10, the
violator may pay the penalty to the Underground Damage
Prevention Fund or dispute the penalty and request a hearing
before the full authority board.
(h) The request for a hearing before the authority
board must be made within 30 days of the issuance of
notification of the violation.
(i) The full authority board shall meet no more than
quarterly, based on need. The hearings shall be held at the
place set forth in the notice of hearing. There shall be no
presumption of correctness attached to any finding of fact or
any assessment of a penalty that is appealed to the authority
board, and the proceedings and hearing before the authority
board shall be tried de novo. The complainant must and alleged
violator may request to attend the hearing.
(j) The authority board in the appeal process may do
all of the following:
(1) Repeal the initial penalty provisions cited for the
alleged violation of this chapter.
(2) Uphold the initial penalty provisions cited for the
alleged violation of this chapter.
(3) Issue a new penalty provision related to the
alleged violation of this chapter.
(4) Issue an order stating the outcome of the hearing ,
including any assigned penalty.
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including any assigned penalty.
(k) A person aggrieved by the final order, within 30
days from the date of the final order, may seek judicial
review in the circuit court by filing a notice of appeal.
(l) All complaints filed pursuant to this chapter shall
not be subject to the Alabama Open Records Act. However, the
authority shall make available upon request a summary of a
complaint after a final resolution has been entered regarding
any such complaint requested along with any documents
associated with the final resolution of the complaint.
However, this restriction shall not prevent a party from
obtaining a copy of the complaint by means of a subpoena or
other method allowed by the Alabama Rules of Civil Procedure
or the Alabama Rules of Criminal Procedure. The Alabama Open
Meetings Act shall apply to all meetings and judicial hearings
required pursuant to this chapter, except for those meetings
of the authority in which the initial determination of
violation and recommended fine is discussed and determined.
(m) The authority may bring an action against any
person or entity to collect any fines, penalties, or other
monies owed to the authority.
(n) The authority shall be governed by the Alabama
Administrative Procedure Act."
Section 2. Section 37-15-4.2 is added to Chapter 15 of
Title 37, Code of Alabama 1975, to read as follows:
§37-15-4.2
(a) The excavator f or an excavation project that
qualifies for a complex or large project shall provide the
underground facility operator, via the one-call notification
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underground facility operator, via the one-call notification
center, with notice of the planned complex or large project
not less than five working days prior to the planned complex
or large project pre-excavation planning meeting. The notice
shall follow the guidelines established for complex or large
projects which shall include, but not be limited to, all of
the following:
(1) Scope of project details and expected timelines for
the work to be concluded, including descriptions of project
phase, if appropriate.
(2) Company representative contact information.
(3) Field contact representative contact information.
(4) List of known contractors and subcontractors.
(5) Use of premarking requirements at proposed
excavation sites.
(b) The excavator, operators, and locators involved in
the complex or large project shall negotiate in good faith to
reach a working agreement, which shall include, but not be
limited to, the agreed upon scope of work, timeline for
excavation activity, and location completion schedule.
(c) Once the working agreement is finalized, the locate
requests for utility markings shall be made in accordance with
the location completion schedule and in compliance with the
requirements of Section 37-15-4. The operator shall mark the
proposed excavation site in compliance with the requirements
of Section 37-15-6.
(d) An excavator's knowing failure to designate a
qualifying project as a complex or large project subject to
this section and an excavator or operator's failure to comply
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this section and an excavator or operator's failure to comply
with a working agreement shall be subject to the enforcement
provisions of Section 37-15-10.
(e) An operator may require an excavator to utilize the
complex or large project process if individual locate requests
placed as routine requests combined qualify for the complex or
large project process.
Section 3. This act shall become effective on January
1, 2027.
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