HB187 Alabama 2010 Session

Under existing law, a person conducting excavation on property, or demolition near property, where a public easement exists, or where an underground facility operator such as a utility has an easement, is required to notify the underground facility operator so that the underground facility operator can mark the location of its underground facilities. To facilitate notification, the law has authorized the formation of a "one-call notification system" which receives and processes the notices, but participation in the designated "one-call" system is optional with an underground facility operator if the underground facility operator elects to conduct its own "in-house" program for notification. Thus, a person excavating in an area may be required to determine which underground facility operators are operating in the area and to notify an underground facility operator separately if it does not participate in the one-call system

This bill would provide that an operator of underground facilities which elects not to participate in the "one-call notification system" would be responsible for damages to its facilities if the operator fails to meet the operational requirements for an in-house system

To amend Section 37-15-5 of the Code of Alabama 1975, relating to the "One-Call Notification System" established for the purpose of receiving notifications by persons conducting excavations or demolitions on or near certain property where underground facilities may be located, to provide that underground facility operators who elect to conduct an in-house program to receive notifications in lieu of participating in the one-call notification system would be responsible under certain conditions for damages to its underground facilities.