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SB340
PS2HFGR-1
By Senator Chambliss
RFD: Finance and Taxation Education
First Read: 03-Mar-26
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PS2HFGR-1 03/03/2026 ZAK (L)ZAK 2026-925
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First Read: 03-Mar-26
SYNOPSIS:
Under existing law, as part of the Underground
Damage Prevention Program, an operator of an
underground utility facility must respond to a request
to locate the facility for design or surveying purposes
within a minimum time frame using specific methods .
This bill would remove providing locate
requestors with a description of the underground
facilities and allowing these requestors to view
facility records from those methods by which operators
may respond to locate requests.
This bill would require operators to complete
locate requests that have not been completed within 20
calendar days of being submitted to the One-Call
Notification System before completing any other locate
request or other marking of facilties.
This bill would make operators liable for any
costs incurred by a requestor due to project delay
because a locate request remains incomplete 30 calendar
days or more after being submitted to the system .
This bill would prohibit a contract locator from
closing a locate request for purposes of the system.
This bill would also prohibit an operator from
closing a locate request for purposes of the system
unless the operator has field-verified that the
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unless the operator has field-verified that the
facility has been marked.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Underground Damage Prevention Program;
to amend Section 37-15-4.1, Code of Alabama 1975, to remove
certain methods by which utility facility operators may
respond to design or survey locate requests; to require
operators to complete locate requests that are incomplete
after 20 days of being submitted before completing other
locate requests; to provide operators are liable for project
delay costs incurred due to locate requests that are
incomplete 30 days after submitting; to prohibit contract
locators from closing locate requests; and to prohibit an
operator from closing a locate request unless the operator has
field-verified that the facility has been marked.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 37-15-4.1, Code of Alabama 1975, is
amended to read as follows:
"§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
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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 state the name, address,
telephone number, and facsimile number of 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 mark 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.
(c) An operator shall complete a design or survey
locate request that has not been completed within 20 calendar
days of submitting the request to the One-Call Notification
System before completing any other locate request or marking
any underground facilities in response to a notice of intent
to excavate or demolish pursuant to Section 37-15-6.
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to excavate or demolish pursuant to Section 37-15-6.
(d) An operator shall be liable for any costs incurred
by a design or survey locate requestor due to a project being
delayed because the locate request remains incomplete 30
calendar days or more after being submitted to the One-Call
Notification System.
(e) A contract locator may not close a design or survey
locate request for purposes of the One-Call Notification
System.
(f) An operator may not close a design or survey locate
request for purposes of the One-Call Notification System
unless the operator has field-verified that the underground
facility has been marked. "
Section 2. This act shall become effective on October
1, 2026.
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