SB148 Alabama 2014 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" to receive and process notices. Participation in the "One-Call Notification System" is optional if an underground facility that meets certain criteria elections to conduct its own in-house program to receive notification

This bill would provide for definitions and for the operational provisions of the underground damage prevention process to be clarified and updated with current technologies. The bill provides for clarification of emergency excavation and penalty provisions for misuse of the emergency provision. The bill provides for guidelines to prevent damage when excavating near underground facilities. The bill also requires any damages to an underground facility that could result in dangerous conditions to be reported to both the facility owner and emergency officials as required in federal regulations. The bill also provides for additional civil penalties for violations of this act and would make it a Class C misdemeanor to intentionally destroy markers of underground facilities. The bill would provide for notifications to underground facility operators regarding design or survey locate requests

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Sections 37-15-2, 37-15-4, 37-15-5, 37-15-6, 37-15-7, 37-15-8, 37-15-9, and 37-15-10 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 further provide for definitions and for operational provisions of the underground damage prevention process; to provide for notification of underground facility operators of design and survey locate requests; to provide certain civil and criminal penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.