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SB1137 - 572R - H Ver
House Engrossed
Senate Bill
underground
facilities; excavations; notification
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1137
AN
ACT
amending sections 40-360.21, 40-360.22,
40-360.23, 40-360.26 and 40-360.28, Arizona revised statutes;
amending title 40, chapter 2, article 6.3, arizona revised statutes, by adding
section 40-360.33; relating to underground facilities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 40-360.21, Arizona Revised
Statutes, is amended to read:
START_STATUTE
40-360.21.
Definitions
In this article, unless the context otherwise requires:
1. "Abandoned" means no longer in service
and physically disconnected from a portion of the facility, or from any other
facility, that is in use or still carries service.
2. "Apartment community" means any real
property that has one or more structures and
that
contains
five or more dwelling units for rent or lease that are subject to title 33,
chapter 10. For the purposes of this paragraph
,
"dwelling unit" has the same meaning prescribed in section 33-1310.
3. "Building official" means the agency or
officer employed by a political subdivision of this state and charged with the
administration and enforcement of a building code to regulate the quality, type
of material and workmanship of construction of buildings or structures.
4. "Careful and prudent manner" means
conducting an excavation in such a way that when the excavation is less than or
equal to twenty-four inches from an underground facility that is marked
with stakes or paint or in some customary manner, the facility is carefully
exposed with hand tools, and the uncovered facility is supported and protected.
5. "Carefully" means acting with
reasonable care under the circumstances.
6. "Cross culverts or similar roadway drainage
facilities" means transverse drainage structures with both ends or
openings visible including box culverts, drainage pipes or other covered
structures.
7. "Detectible underground location
device" means any device that is installed underground and that is capable
of being detected from above ground with an electronic locating device.
8. "Excavation" means any operation in
which earth, rock or other material in the ground is moved, removed or
otherwise displaced by means or use of any tools, equipment or explosives and
includes, without limitation, grading, trenching, digging, ditching, drilling,
augering, boring, tunnelling, scraping, cable or pipe plowing and driving.
12.
9.
"Homeowners'
association" has the same meaning prescribed in section 33-2001.
9.
10.
"Implied
easement" means any easement or right-of-way on private
property required to provide utility services by means of underground
facilities in property of the owner requesting such service.
10.
11.
"Inactive"
means:
(a) That portion of an underground facility that is
not in use but is still connected to the facility, or to any other facility,
that is in use or still carries service.
(b) A new underground facility that has not been
connected to any portion of an existing facility.
11.
12.
"Installation
records of an underground facility" means maps, drawings, diagrams,
surveys, schematics, illustrations, sketches or any other depictions or
descriptions of an underground facility that reflect the location at the time
of installation of the underground facility and any surface extensions in a
reasonably accurate manner.
13. "Interactive positive
response system" means an electronic internet-based platform that is
administered by a one-call notification center and that enables
excavators and underground facilities operators to exchange, record and verify
responses and locate status updates and other required communications.
13.
14.
"Landlord"
has the same meaning prescribed in section 33-1310 for an apartment
community and has the same meaning prescribed in section 33-1409 for a mobile
home park.
15. "Large project":
(
a
) means an
excavation activity that meets
either of the following
criteria:
(
i
) The overall
project length exceeds one mile of linear excavation or a polygon with an area
of a quarter square mile or more.
(
ii
) The
project duration is expected to exceed ninety calendar days.
(
b
) Does not
include the on-site development of a new residential or commercial project on a
previously undeveloped parcel of land.
16. "Large project
notification" means a notice that is filed with a one-call
notification center for a large project.
14.
17.
"Locator
strip" means a type of detectible underground location device that
consists of a plastic or other durable material ribbon containing a material
capable of being detected from above ground with an electronic locating device
and color coded by type of underground facility.
15.
18.
"Locator
wire" means a type of detectible underground location device that consists
of a copper wire or metallic, conductive, noncorrosive trace wire capable of
being detected from above ground with an electronic locating device.
16.
19.
"Mobile
home park" has the same meaning prescribed in section 33-1409.
17.
20.
"One-call
notification center" means an organization of owners or operators of
underground facilities that provides a
telephone number
notification service for the purpose of receiving and distributing to its
members advance notifications from persons regarding planned excavations.
18.
21.
"Person"
:
(
a
)
Means any individual, firm, joint venture,
partnership, corporation, association, homeowners' association, municipality,
governmental unit, department or agency
.
and
shall include
(
b
)
Includes
any trustee, receiver, assignee or personal
representative
thereof
of an entity listed
in subdivision (
a
) of this paragraph
.
19.
22.
"Routine
road maintenance grading" means the routine grading or resurfacing of the
concrete, asphaltic or composite surface but not the subbase of a roadway by
the
this
state or a political subdivision
of
the
this
state for the purpose of
maintaining the surface condition of the road and includes recovery of material
from a borrow ditch.
20.
23.
"Stakes
or paint or in some customary manner" means marking the location of an
underground facility by the colors established by the commission. These colors
shall be restricted to the underground facility location.
21.
24.
"Underground
facilities operator" means a public utility, municipal corporation,
landlord or other person having the right to bury underground facilities in any
public street, alley, right-of-way dedicated to the public use or
public utility easement, in any apartment community or mobile home park or
pursuant to any express or implied private property
easement. Underground facilities operator does not include a
homeowner or homeowners' association that owns a sewer facility in a public
street, alley, right-of-way dedicated to public use or public utility easement.
22.
25.
"Underground
facility" means any item of personal property that is buried or placed
below ground for use in connection with the storage or conveyance of water,
sewage, electronic, telephonic or telegraphic communications, electric energy,
oil, gas or other substances, and shall include but not be limited to pipes,
sewers, conduits, cables, valves, lines, wires, manholes, attachments and those
portions of poles and their attachments below ground except cross culverts or
similar roadway drainage facilities and landscape irrigation systems of two
inches in diameter or less.
26. "White lining" means
the practice of marking the proposed area of excavation on the ground surface
using any of the following:
(
a
) Paint.
(
b
) Flags.
(
c
) Chalk.
(
d
) Any other
method THAT is customarily used.
23.
27.
"Working
day" means every day excluding Saturday of each week, the fourth Friday in
November, Sunday of each week and other legal holidays as prescribed in section
1-301.
END_STATUTE
Sec. 2. Section 40-360.22, Arizona Revised Statutes, is amended to read:
START_STATUTE
40-360.22.
Excavations; determining location of underground facilities;
providing information; excavator marking; on-site representative; validity
period of markings; liability for misuse of locate requests; detectible
underground locating devices; civil penalty; large project coordination
A. A person shall not make or begin any excavation
in any public street, alley, right-of-way dedicated to the public
use or public utility easement or in any express or implied private property
utility easement or in any apartment community or mobile home park without
first determining whether underground facilities will be encountered, and if so
where they are located from each and every underground facilities operator and
taking measures for control of the facilities in a careful and prudent manner.
For all excavations in an apartment community or mobile home park, the
excavator shall inform the landlord as promptly as
practical
practicable
that the excavator intends to submit an
inquiry to the landlord that will trigger the landlord's obligations provided
by subsection B of this section and the inquiry itself shall be made by
certified mail to the landlord, using a form prepared by a one-call
notification center. The inquiry to a landlord may be made by a
one-call notification center for a reasonable fee to the excavator.
B. Except as otherwise provided in this subsection
or subsection r of this section
,
upon
on
receipt of the excavator's inquiry, the underground
facilities operator shall respond as promptly as
practical
practicable
, but
in no event
not
later than two working days, by carefully marking
such
the underground
facility with stakes
or paint or in some customary manner. A landlord shall respond in
the same manner and as promptly as
practical
practicable
, but
in no event
not
later than ten working days.
No
A
person
shall
may not
begin
excavating before the location and marking are complete or the excavator is
notified that marking is unnecessary. If the excavator consents, an
underground facilities operator may notify a one-call notification center
that marking is unnecessary pursuant to a method established by the one-call
notification center. An underground facilities operator may assign
any marking or notification obligations required by this subsection to an agent
or servant of the underground facilities operator. An underground
facilities operator
may
shall
notify
the excavator that marking is unnecessary pursuant to
any
mutually agreeable method
the interactive positive
response system
.
C. On a
timely request by the underground facilities operator, the excavator shall mark
the boundaries of the area requested to be excavated in accordance with a color
code designated by the commission or by applicable custom or standard in the
industry. A request under this subsection for excavator marking does not alter
any other requirement of this section.
c. Before an
excavator
submits a location request to the one-call notification center,
the excavator shall clearly
and carefully mark
with white lining the area that is requested to be excavated in compliance with
a color code that is established by the commission or by custom or
standard. This subsection:
1. Does not apply to excavations that
are performed by a person on
a single-family residential
property that is owned or occupied by the person.
2. except for excavations prescribed
in paragraph 1 of this subsection, applies to all excavations, including large
projects and excavations on
single-family residential
properties.
D. Except as provided in subsection F of this
section, a person shall not begin excavating in any apartment community or
mobile home park before the landlord has completed marking the underground
facility or the excavator is notified that marking is
unnecessary. After underground facility markings are complete or the
excavator has received notice that marking is unnecessary, an excavator shall
notify the landlord if any of the following conditions exist:
1. Visible and obvious evidence, such as pavement
cuts, that would alert a reasonable excavator to the presence of an unmarked
underground facility within the boundary of the intended area of excavation.
2. The excavator has concerns regarding the accuracy
and meaning of the marks.
3. The excavator encounters an underground facility
that has not been marked.
4. The excavator encounters an underground facility
that has been incorrectly marked or marked in the wrong location.
E. For every excavation in an apartment community or
mobile home park where the excavation method is boring:
1. Every underground facilities operator shall be
notified of this methodology.
2. The excavator shall ensure that sufficient
clearance is maintained between the bore path and any marked underground
facility.
3. The excavator shall visually check the drill head
each time it passes through potholes, entrances and exit pits, including during
pullback.
4. Each underground facilities operator shall be
given a reasonable opportunity to inspect its facility before and during the
boring operation.
F. If a landlord fails to respond to an excavator's
request in a manner required by this article, an excavator does not violate
this article and fulfills the standard of care of a reasonably prudent
excavator if the excavator complies with all of the following:
1. One working day before conducting the excavation,
the excavator notifies the landlord in writing or by fax that the excavator has
determined that the acts or omissions of the landlord
is
constitute
a refusal to respond to an excavator's request.
2. The excavator investigates for the presence of
visible and obvious evidence that would alert a reasonable excavator to the
presence of an unmarked underground facility within the boundaries of the area
to be excavated.
3. The excavator carefully locates all unmarked
facilities that are known to exist due to the excavator's investigation
performed pursuant to paragraph 2 of this subsection using one of the methods
listed in subsection G of this section and carefully marks the facilities with
stakes or paint or in some customary manner. In addition, when a landlord
provides verbal or written information regarding the location of underground
facilities that are within the boundaries of the area to be excavated, the
excavator carefully locates all such identified facilities using one of the
methods listed in subsection G of this section and carefully marks the
facilities with stakes or paint or in some customary manner.
4. The excavator takes measures to control all such
located facilities in a careful and prudent manner.
5. The excavator shall not excavate if the excavator
receives a response from the landlord that notifies or alerts the excavator to
the presence of a mistake or an intention by the landlord to respond in a
manner that is consistent with this article, even if the response will be
untimely. A landlord's delay, failure to respond to a location
request, failure to mark or other noncompliance is not excused by the
excavator's or landlord's compliance with this subsection.
G. Except as otherwise provided in this section, in
performing the marking required by subsection B of this section, the
underground facilities operator of an underground facility installed after
December 31, 1988 in a public street, alley or right-of-way
dedicated to public use or public utility easement, but not including any
express or implied private property utility easement, shall carefully locate
the facility by referring to installation records of the facility that are in
the possession of the underground facility operator and utilizing one of the
following methods:
1. Vertical line or facility markers.
2. Locator strip or locator wire.
3. Signs or permanent markers.
4. Electronic or magnetic location or tracing
techniques.
5. Electronic or magnetic sensors or markers.
6. Metal sensors or sensing techniques.
7. Sonar techniques.
8. Underground electrical or radio transmitters.
9. Manual location techniques, including pot-holing.
10. Surface extensions of underground facilities.
11. Any other surface or subsurface location
technique that is at least as accurate as the other marking methods in this
subsection and that is not prohibited by the commission or by federal or state
law. This paragraph does not obligate an underground facilities
operator to be aware of and utilize every surface or subsurface location
technique available.
H. Except as otherwise provided in this section, for
an underground facility other than one installed after December 31, 1988, in a
public street, alley or right-of-way dedicated to public use or
public utility easement, in performing the marking required by subsection B of
this section, the underground facilities operator may refer to installation
records or other records relating to the facility to assist in locating the
facility and shall carefully locate the facility utilizing one of the methods
listed under subsection G of this section.
I. If an underground facilities operator is unable
to complete the location and marking within the time period provided by
subsection B of this section, the
underground
facilities
operator shall satisfy the requirements of this section by providing prompt
notice of these facts to the excavator and assigning one or more
representatives to be present on the excavation site at all pertinent times as
requested by the excavator to provide facility location services until the
facilities have been located and marked or the excavator is notified that
marking is unnecessary pursuant to any mutually agreeable method. A
person that receives notice from the underground facilities operator of these
facts shall not begin excavating before the underground facilities operator has
completed marking the underground facility or the excavator is notified that
marking is unnecessary. Except as provided in subsection J of this
section, the underground facilities operator shall bear all of its own expenses
associated with assigning representatives.
J. The marking required by subsection B of this
section is valid for fifteen working days from the date of the marking. If the
excavation will continue past the validity period of the marks as provided by
this subsection, the excavator shall notify the underground facilities operator
or an organization designated by the underground facilities operator at least
two working days before the end of the validity period. All requests
for facility markings and requests to extend the validity period of the markings
shall be for the purpose of excavating within the validity period of the
markings. An excavator that requests facility markings shall limit
the request to an area that can reasonably be excavated within the validity
period of the markings. A person who violates this subsection is
liable to the one-call notification center and to all affected
underground facilities operators for any damages proximately caused by the
violation, including economic loss.
K.
Nothing in
Notwithstanding
the
large project coordination meeting that is required
by subsection R of this section,
this section
shall
be construed to
does not
prevent an excavator and
an underground facilities operator from holding a preconstruction conference
regarding marking and location of underground facilities and entering into a
mutually agreeable written schedule for marking or excavating or written arrangement
that may constrain the excavation methods or that may provide for the delivery
of installation records to the excavator for the purpose of satisfying the
requirements of this section, except that this subsection does not eliminate
the excavator's obligation to notify the underground facilities operator to
locate and mark excavation sites under subsection B of this section based on
the actual construction schedule.
L. For abandoned and apparently abandoned
underground facilities:
1. The underground facilities operator shall notify
the excavator whether the facility is active or abandoned. An inactive facility
shall be considered active for purposes of this subsection. This section does
not obligate any person to represent that an underground sewer facility in any
public street, alley, right-of-way dedicated to public use or public utility
easement is abandoned if it was installed on or before December 31, 2005 and it
is not owned by an underground facilities operator of a sewer system. This
paragraph does not obligate a landlord to represent that an underground
facility in any apartment community or mobile home park is abandoned if it was
installed before January 1, 2007.
2. For an underground facility abandoned after
December 31, 1988 or covered by installation records prepared under section 40-360.30,
the underground facilities operator may not advise or represent to the
excavator that a facility or portion of a facility is abandoned unless the
underground facilities operator has verified, by reference to installation
records or by testing, that the facility or portion is actually abandoned and
not merely inactive. For all other abandoned or apparently abandoned
underground facilities, each one-call notification center shall establish
a method of providing personnel from an underground facilities operator
qualified to safely inspect and verify that the facility is abandoned or
active. For the purposes of this article, an underground facilities
operator shall not represent that an underground facility is abandoned unless
the facility has been verified as abandoned pursuant to this subsection.
3. For the purposes of this article, if an excavator
encounters an apparently abandoned underground facility, the excavator shall
not treat the underground facility as abandoned until the excavator has
received notification that the underground facility is abandoned pursuant to
paragraph 1 of this subsection or has notified the underground facilities
operator of the apparent abandonment and has received verification of
abandonment pursuant to paragraph 2 of this subsection.
4. Each one-call notification center may establish a
method for reimbursing the verifying underground facilities operator for the
expenses incurred under paragraph 2 of this subsection. The reimbursement
method shall not include any charge or expense to the excavator. A landlord
that fails to advise or represent that an underground facility is abandoned
pursuant to paragraph 1 of this subsection, whose underground facility is
verified as abandoned pursuant to this subsection and who has not filed
information with a one-call notification center is liable to the one-call
notification center and to all affected underground facilities operators and
excavators for the cost of verifying abandonment together with any damages,
including economic loss, proximately caused by the violation.
M. All new and active underground facilities
installed in any real property after December 31, 2005 shall be installed with
a detectible underground location device unless the facility is capable of
being detected from above ground with an electronic locating device or the
facility is installed within single family residential property and is beneath
a pool, permanent pool decking that is less than forty-eight inches from the
pool or a permanent building. A person who violates this subsection is subject
to a civil penalty in an amount
of
not
to
exceed five thousand dollars
more than $5,000
. The
building official shall administer and enforce this subsection for all
underground facilities except those that are installed for a public utility or
municipal corporation. Any penalties received by the building
official shall be deposited in the municipality's or political subdivision's
general fund, as applicable. Except as required by a city, town or county
building code or other related code, for purposes of locating an underground
facility a building official or political subdivision shall not compel the
installation of one or more clean-outs on any underground sewer facility
that is owned by another person and serves one customer where any portion of
the underground sewer facility is in any public street, alley, right-of-way
dedicated to public use, private property or easement.
N.
Nothing in
This section
shall be construed as prohibiting
does not
prohibit
the use of warning tape, warning markers or any other warning
device by the underground facilities operator.
O. For every underground facilities operator of a
sewer system:
1. For the purposes of this article, an underground
facilities operator of a sewer system is responsible for locating and carefully
marking the underground sewer facilities owned by another person pursuant to
subsection B of this section if those underground facilities are installed
after December 31, 2005 and are in any public street, alley, right-of-way
dedicated to public use or public utility easement.
2. In performing the
marking required by this subsection, the underground facilities operator of the
sewer system shall carefully locate the facility by referring to installation
records of the facility and by using one of the methods listed in subsection G
of this section.
3. This subsection does not obligate an underground
facilities operator of a sewer system to locate and mark the underground sewer
facilities owned by another person if the customer receiving sewer service from
the underground sewer facility refuses to grant permission to the underground
facilities operator of a sewer system to access the real property for the
purpose of ascertaining the location of the underground sewer facility in any
public street, alley, right-of-way dedicated to public use or public utility
easement.
4. This subsection does not obligate an underground
facilities operator of a sewer system to maintain, clean or unstop underground
sewer facilities owned by another person.
P. For every landlord:
1. For the purposes of this article, each landlord
is responsible for marking the underground facilities operated by the landlord
pursuant to subsection B of this section. For the purposes of this paragraph,
"underground facilities operated by the landlord" includes every
underground facility that is in an apartment community or a mobile home park
and that:
(a) Discharges into an underground facility that is
operated by the landlord.
(b) Is supplied by an underground facility that is
operated by the landlord.
(c) Is not operated by a public utility or municipal
corporation.
2. If a landlord is unable to complete the location
and marking within the time period provided by subsection B of this section,
the landlord shall satisfy its obligations in the manner provided by subsection
I of this section.
Nothing in
This subsection
shall be construed to
does not
prevent the
excavator and the landlord from entering into a mutually agreeable written
schedule or written arrangement for satisfying the requirements of this section
in the manner provided by subsection K of this section.
3. In performing the marking required by this
subsection for an underground facility installed after December 31, 2006, the
landlord shall carefully locate the facility by referring to installation
records of the facility that are in the possession of the landlord and by using
one of the methods listed in subsection G of this section.
4. In performing the marking required by this
subsection for an underground facility installed before January 1, 2007, the
landlord may refer to installation records or other records relating to the
facility to assist in locating the facility and shall locate the facility using
one of the methods listed in subsection G of this section.
5. Subject to the availability of monies, landlords
may apply for grants from a grant account established for the purpose of
meeting the standards prescribed by this article and for the purpose of
creating installation records for facilities that are not required to be
created or maintained by this article.
6. Notwithstanding any other provision in this
article, a landlord is not liable for any costs or expenses, including damage
to third parties, resulting from damage to an underground sewer facility owned
by the landlord and located within a public right-of-way if the damage was not
caused by either:
(a) The landlord�s or tenant�s actions.
(b) The landlord�s or tenant�s refusal to grant
access to the operator of the sewer system that connects to the landlord�s
underground sewer facility.
7. This article does not obligate a landlord to
locate and mark a facility owned by a tenant if the tenant owns the mobile
home, the tenant refuses to grant permission to the landlord to access the
mobile home and the facility cannot be located without accessing the mobile
home.
8. Any rule, regulation, lease or agreement that
purports to obligate a tenant to perform the landlord's obligations required by
this article is against the public policy of this state and is void.
9. This subsection does not obligate a landlord to
maintain, clean or unstop underground facilities owned by another person.
Q. All inquiries and notices to a landlord shall be
made to the address on file at a one-call notification center. Notwithstanding
any other law, if the landlord has not filed information at the one-call
notification center, the excavator does not violate this article and fulfills
the standard of care of a reasonably prudent excavator if the excavator makes
the inquiry or notice to the property owner of record according to the records
of the county assessor in the county in which the property is located.
r. An excavator that proposes to
perform a large project shall notify a one-call notification center as
soon as possible but not less than fifteen business days or twenty-one
calendar days before the proposed start date to schedule a large project
coordination meeting. The large project notification to a one-call
notification center initiates a meeting between the excavator
, the local jurisdiction and the underground facilities operator to:
1. Identify
the proposed plan for marking request notifications.
2.
Discuss any potential underground facility conflicts.
3. Establish
a marking
and excavation schedule.
4. Discuss any other protective
measures that are appropriate to the scope and duration of the large project.
s. An excavator that requests a large
project coordination meeting as prescribed in subsection r of this section
shall provide the following information to the one-call notification
center:
1. The type of work to be performed.
2. The complete geographic scope.
3. The proposed phased plan for
marking notifications within the complete geographic scope of the large
project.
4. The proposed start date.
5. The expected completion date.
6. A proposed meeting date, time and
length
of the large projection coordination meeting with
the affected underground
facilities operator and the
local jurisdiction.
t. On receipt of the large project
notification from the excavator, the underground facilities operator shall:
1. Confirm the underground facilities
operator's intent to attend the meeting as soon as possible but not later than
two business days after receiving the large project notification.
2.
Discuss any
potential conflicts related to the underground facilities that may
occur within the complete geographic scope of the large project.
3. Determine the resources and
expected time frames THAT are necessary to complete markings based on
the excavator's proposed
phased plan for marking
notifications.
u. The following apply to the large
project coordination meeting:
1. The meeting may be on-site or
virtual. The
parties may indicate whether the
meeting should take place on-site or virtually. If on-site, the
excavator may use the meeting to complete white lining.
2. At the meeting, the excavator
, the local jurisdiction and the underground facilities operator shall
establish a schedule for marking
and excavation
for the scope and duration of the large project. The
excavator
, the local jurisdiction's public works or
utility inspector and the underground facilities operator shall agree on the
quantity of tickets and the geographic area that the tickets will
cover. The excavator
shall follow the
phased plan for ticket creation that was agreed to at the meeting.
3. The underground facilities
operator has fifteen business days from the date the excavator notifies the one-call
notification center to locate and mark the geographic area
identified in the phased plan. This time frame may be
extended if agreed on by the excavator in the interactive positive response
system.
v. The one-call notification
center shall provide the interactive positive response system, which is a tool
for communication between the excavator and the underground facilities operator
for the status of locating sites, work updates, changes in scheduling and other
factors that may impact the large project.
w. The excavator
, the local jurisdiction and the underground facilities operator may
agree to a phased marking schedule
for a large project that
provides for timely and accurate markings of active work areas as submitted by
the excavator within the marking request.� Compliance with an agreed phased
schedule is deemed
compliant with the notice and marking
requirements of this article. Any changes to the agreed phased
schedule shall be communicated and agreed to by the excavator
, the local jurisdiction and the underground facilities operator
through the interactive positive response system.
x. The one-call notification
center is responsible for developing a process for underground facilities
operators
and excavators to use the interactive positive
response system to administer large project notifications, including ticket
request procedures, coordination meeting standards and recordkeeping
requirements.
y. If the excavator
, local jurisdiction and underground facilities operator do not
mutually agree on a marking schedule
for a large PROJECT,
the markings shall be completed within fifteen business days
from the creation of the marking request.
z. The validity period for the
markings prescribed in subsection j of this SECTION applies to both large
PROJECT tickets and standard excavation notice tickets.
END_STATUTE
Sec. 3. Section 40-360.23, Arizona Revised
Statutes, is amended to read:
START_STATUTE
40-360.23.
Conducting excavation in careful, prudent manner; liability for
negligence; notice; obliteration of marks
A. Except as otherwise provided in section
40-360.28, subsection E, obtaining information as required by this article does
not excuse any person making any excavation from doing so in a careful and
prudent manner, nor shall it excuse such persons from liability for any damage
or injury resulting from their negligence.
B. Except as otherwise provided in section
40-360.22, subsection D, after markings have been made pursuant to section 40-360.22,
an excavator shall notify either the underground facilities operator or an
organization designated by the underground facilities operator if the excavator
encounters an underground facility that has not been located and marked or has
been marked in the wrong location.
C. An excavator or an underground facilities
operator shall not move or obliterate markings made pursuant to this article or
fabricate markings in an unmarked location for the purpose of concealing or
avoiding liability for a violation of or noncompliance with this article.
D. An excavator may begin excavating
after the excavator contacts and receives all of the affected underground
facilities owners' responses through the interactive positive response
system. An underground facilities operator shall enter all locate
status information, including marked, no conflict or delayed into the
interactive positive response system within the time required by this
article. An underground facilities operator's duty to mark is
satisfied by compliance with a large project plan as prescribed in section 40-360.22.
E. Notwithstanding any other law,
this article does not supersede or preempt any ordinance, standard, policy,
procedure or other requirement of a city or town that relates to excavations.
END_STATUTE
Sec. 4. Section 40-360.26, Arizona Revised
Statutes, is amended to read:
START_STATUTE
40-360.26.
Damage of underground facility; liability to owner; homeowner and
tenant exemption
A. If any underground facility is damaged by any
person in violation of this article as a result of failing to obtain
information as to its location, failing to take measures for protection of the
facilities or failing to excavate in a careful and prudent manner, the person
is liable to the owner of the underground facility for the total cost of the
repair of the facility.
B. A homeowner or homeowners' association engaging
in excavating in an express or implied private property utility easement across
property owned by the homeowner or homeowners� association is not liable to the
owner or operator of the underground facility
that is
damaged
by the homeowner or homeowners' association pursuant to this section if the
damaged underground facility is not buried or placed below ground in accordance
with the applicable standards, if the underground facility is not located
within the easement or if the homeowner or homeowners' association engaged in
the excavation has complied with section 40-360.22. This subsection does
not apply to any person
who is
employed by a homeowner or
a homeowners' association including a contractor licensed pursuant to title 32,
chapter 10 or a person
engaging
who engages
in contracting without a license as prohibited by section 32-1151.
C. Notwithstanding any other provision in this
article, a homeowner is not liable for any costs or expenses, including damage
to third parties, resulting from damage to an underground facility
that is
owned by the homeowner but located within a public
right-of-way if the damage was not caused by the homeowner's actions or by the
homeowner's refusal to grant permission to the underground facilities operator
of a sewer system to access the real property for the purpose of ascertaining
the location of the underground sewer facility. A tenant is not liable for any
costs or expenses, including damage to third parties, resulting from damage to
an underground facility
that is
owned by the tenant but
located within a mobile home park if the damage was not caused by the tenant's
actions or by the tenant's refusal to grant permission to the landlord to
access the mobile home for the purpose of ascertaining the location of the underground
facility.
D. An excavator that complies with an
agreed large project schedule pursuant to section 40-360.22 and that uses
the interactive positive response system for all communications required under
this article is deemed to have satisfied the excavator's duty to request and
maintain markings under this article for the portion of the project covered by
the large project schedule.
END_STATUTE
Sec. 5. Section 40-360.28, Arizona Revised
Statutes, is amended to read:
START_STATUTE
40-360.28.
Civil penalty; liability
A. Except as provided in section 40-360.22,
subsection M, a person who violates any provision of this article is subject to
a civil penalty in an amount
of
not
to
exceed five thousand dollars
more than $5,000
to
be imposed by the court in favor of the state. Any penalties received by the
state shall be deposited in the state general fund.
B. If a violation of this article results in damage
to an underground facility, the violator is liable to all affected underground
facilities operators and excavators for all resulting damages proximately
caused by the violations, including economic loss.
C. If a person violates this article by failing to
provide timely notice as required by this article, by failing to respond in the
time and manner provided by this article or by failing to locate and mark an
underground facility in the manner provided by this article, the person is
liable to all affected underground facilities operators and excavators for all
damages proximately caused by the violation, including economic loss.
D. Notwithstanding any other law, a violation of
section 40-360.22, subsection D or subsection L, paragraph 3 is a superseding
event that breaks the chain of causation for any damages that could result from
an underground facilities operator's failure to accurately locate or mark an
underground facility.
E. If a landlord or an excavator complies with the
duties set forth in sections 40-360.22, 40-360.30 and 40-360.32 for all
facilities operated by a landlord as provided in section 40-360.22, subsection
P, paragraph 1, the person is not liable for any death or injury to persons or
property or for any economic loss to any person to the extent the conduct is
regulated by this article. This section does not excuse any landlord or
excavator from liability for any death or injury to persons or property or for
any economic loss to any person to the extent the injury or loss does not arise
from the conduct regulated by this article.
F. This section
is not applicable
does not apply
to an excavation made:
1. During an emergency
which
that
involves
immediate
danger to life,
health or property if reasonable precautions are taken to protect underground
facilities.
2. In agricultural operations or for the purpose of
finding or extracting natural resources.
3. With hand tools on property owned or occupied by
the person performing the excavation while gardening or tilling such property.
G. An underground facilities operator
or an excavator may be subject to a civil penalty as provided by this section
if the underground facilities operator or the excavator fails:
1. To notify the one-call
notification center at least two business days before beginning excavation.
2. To comply with a large PROJECT
ticket coordination plan.
3. To adhere to the requirements of
the interactive positive response system.
END_STATUTE
Sec. 6. Title 40, chapter 2, article 6.3,
Arizona Revised Statutes, is amended by adding section 40-360.33, to read:
START_STATUTE
40-360.33.
One-call
notification center; written procedures; technical and data security standards
A. The one-call notification
center
, in consultation with the corporation commission and
impacted stakeholders, shall:
1.
Establish a
method to implement this article that
includes all of the
following:
(a)
Procedures
for large PROJECT tickets.
(b)
Mandatory
white lining.
(c)
The
interactive positive response system.
(
d
) The minimum
technical and data security standards.
2. Establish minimum technical and
data security standards for the interactive positive response system.
B. Make the details of the method and
minimum technical and data security standards adopted pursuant to this section
available on the one-call notification center's publicly accessible
website.
END_STATUTE
Sec. 7.
One-call
notification center; written procedures; adoption; one year
The
one-call
notification center shall
comply with the
requirements of section 40-360.33, Arizona Revised Statutes, as added by this
act
, within one year after the effective date
of this act.