HB461 Alabama 2010 Session

Summary

Primary Sponsor

Ron Johnson

Republican

Session

Regular Session 2010

Title

Utilities, underground facilities, excavations or demolitions, excavator required to notify "One-Call Notification System" or in-house program of utility, operation of system further provided for, damages limited under certain conditions, design and survey locate requests provided for, civil penalties increased, criminal penalties for destruction of line markers, Sec. 37-15-4.1 added; Secs. 37-15-2, 37-15-4 to 37-15-10, inclusive, am'd.

Summary

HB461 updates Alabama's underground facility damage prevention laws by clarifying notification rules, adding a design locate process, expanding penalties, and creating a statewide One-Call system (or in-house option) for utilities.

What This Bill Does

The bill clarifies and updates terms and procedures for notifying underground facility operators before excavation or demolition, including a new design locate request process. It requires operators to participate in a statewide One-Call System or maintain an in-house notification program, with cost-sharing and public awareness duties. It increases civil and criminal penalties for violations (including destruction of markers) and adds rules related to design and survey locate requests, maintenance of markings, and emergency procedures. It also addresses local expenditures under Amendment 621 of the Alabama Constitution, making clear the bill’s local-funding effects are exempt from the 2/3 vote requirement due to specific exceptions, and sets January 1, 2011 as the effective date.

Who It Affects

• Excavators and construction contractors: must notify underground facility operators, follow marking and tolerance-zone rules, and may face penalties for violations or for not obtaining proper notifications.
• Underground facility operators and the One-Call System: must participate in a statewide system or run an in-house program, respond to design locate requests, share system costs, maintain records, and educate the public about damage prevention.

Key Provisions

• Adds 37-15-4.1 establishing a design locate request process, including required details, operator responses (mark locations, provide drawings, or allow inspection), and submission of design locate information by the requester.
• Amends 37-15-2 and 37-15-4 to 37-15-10 to redefine terms (Approximate Location, Design or Survey Locate Request, Tolerance Zone) and to update operational provisions for underground damage prevention, notifications, markings, and penalties.
• Creates a statewide One-Call System with shared costs among participating operators, plus an in-house option for smaller operators; requires public awareness and damage prevention programs and recordkeeping.
• Specifies marking color codes and marking standards (based on an updated color code) and requires 18-inch clearance between facilities and machinery, along with noninvasive methods to locate facilities and protection of markings.
• Establishes notification and renewal rules for excavation (14 days) and demolition (30 days) notices, with requirements to renew before expiration if work continues.
• Increases civil penalties for violations (up to 10,000 per violation; higher penalties for repeated or willful offenses) and imposes criminal penalties for destroying markers; provides for penalties to be paid into the General Fund and for certain exceptions related to other federal Acts.
• Adds local-funding provision changes related to Amendment 621 of the Alabama Constitution, clarifying this bill’s expenditure effects and identifying exceptions that allow it to become law without a 2/3 vote by the affected local entity.
• Effective date set to January 1, 2011.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Utilities