SB148 Alabama 2014 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Co-Sponsor

Del Marsh

Session

Regular Session 2014

Title

Utilities, all utilities required to participate in the "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

SB148 tightens Alabama's underground damage prevention rules by requiring utilities to join a One-Call system or run an in-house program, expands design/survey locate processes, and strengthens penalties and marking requirements to prevent underground facility damage.

What This Bill Does

The bill updates definitions and procedures for locating underground facilities, requires utilities to participate in the statewide One-Call System or maintain an in-house program that meets specified standards, and introduces a new design/survey locate request process. It sets notice timelines for excavation and demolition, requires marking or describing facility locations, and outlines a 18-inch tolerance zone around facilities. It imposes civil penalties up to $10,000 per violation and creates criminal penalties for destroying line markings, while establishing recordkeeping and public awareness requirements; it also provides various exemptions and specifies an effective date of January 1, 2015.

Who It Affects

• Utilities and operators with underground facilities: must participate in the One-Call System or operate an in-house program meeting the bill's requirements, maintain records, mark facilities, respond to design/survey locate requests, and may face civil or criminal penalties for noncompliance or for destroying markings.
• Excavators, demolition contractors, project owners, and property owners: must provide timely notices before excavation or demolition, rely on markings or information from the One-Call System or in-house program, use or request design/survey locate data, and follow established procedures to avoid damaging underground facilities. They may be liable for damages or penalties if noncompliant or if markings are destroyed.

Key Provisions

• Amends Sections 37-15-2, 37-15-4 to 37-15-10 to strengthen the One-Call Notification System and underground damage prevention processes.
• Requires utilities to participate in the One-Call System or maintain an in-house program that meets operational requirements; small operators (fewer than 10,000 customers) may have more limited in-house obligations during non-public hours.
• Adds Section 37-15-4.1 to allow design or survey locate requests, requiring operators to identify the tract and provide or allow access to facility drawings or records within five working days.
• Design locate requests may be used for predesign or bidding (not for excavation), with responses including marking, best available descriptions, or access to drawings/records.
• Defines and enforces notice windows: excavations require notice 2-10 working days prior (and 2-10 working days prior to blasting), demolitions require 2-30 days prior; notices are valid for specified calendar/working-day periods and must be renewed if work is not completed.
• Introduces a detailed marking system and color code for different facility types (e.g., electric, gas, water, sewer, communications) with a 18-inch tolerance zone around facilities and requirements to maintain markings.
• Establishes civil penalties up to $10,000 per violation and allows enforcement by district attorneys or the Attorney General; penalties go to the General Fund, with attorney's fees recoverable by the state.
• Creates criminal penalties for willful destruction of markings (Class C misdemeanor).
• Requires records of notifications to be kept for at least three years and to be available on request; after-hours systems should have voice recording and emergency procedures.
• Provides exemptions for certain governmental, agricultural, and utility maintenance activities and when excavating on own property or easements with no other facilities present.
• Effective date set to January 1, 2015; the act notes a local-fund expenditure requirement under Amendment 621 is not triggered because the bill defines new crimes or amends crime definitions.
• Requires public awareness efforts by utilities and the One-Call System to educate the public, excavators, and operators about availability and use of notification systems.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Utilities