SB315 Alabama 2019 Session

Summary

Primary Sponsor

Dan RobertsSenator

Republican

Session

Regular Session 2019

Title

Underground utilities, one-call notification system, notification further provided for, Underground Damage Prevention Fund, created, Secs. 37-15-10.1, 37-15-10.2 added; Secs. 37-15-2, 37-15-4, 37-15-4.1, 37-15-5, 37-15-6, 37-15-9, 37-15-10 am'd.

Summary

SB 315 creates a state Underground Damage Prevention Authority to enforce the One-Call system, expands participation, updates penalties and funding, and sets new rules for notifying and marking underground utilities.

What This Bill Does

It establishes the Underground Damage Prevention Authority with administrative support from the Public Service Commission to enforce notification and penalties and to review enforcement. It requires most underground facility operators to join the statewide One-Call system or run an in-house notification program, with deadlines that depend on operator size, plus annual operation and financial reporting to the PSC. It revises penalties for violations, deposits penalties into the Underground Damage Prevention Fund, and provides a formal complaint and hearing process. It strengthens notification and marking requirements, including premarking, design/survey locate requests, and a 12-month window for positive responses, with an effective date of January 1, 2020 and a seven-year sunset on some participation provisions.

Who It Affects

• Underground facility operators (electric, gas, water, telecom, etc.) and One-Call System members: must join or operate an in-house system, mark locations, file annual reports, and could face penalties or loss of recovery rights if they fail to comply.
• Excavators, contractors, and property owners: must provide advance notice before excavation or demolition, follow marking and locating procedures, and may be subject to penalties for violations or noncompliance.

Key Provisions

• Creates the Underground Damage Prevention Authority with board of stakeholders and administrative support from the PSC; authority enforces the chapter and reviews enforcement processes.
• Requires underground facility operators to join the One-Call Notification System or run an in-house program; sets thresholds and deadlines for joining; imposes penalties for noncompliance and includes a seven-year sunset on certain participation provisions.
• Updates penalties for violations (up to $10,000 per incident; schedule of $500 first violation, $1,000 second/subsequent, $3,000 third/subsequent, and $10,000 for gross negligence); penalties go to the Underground Damage Prevention Fund and may include training requirements.
• Strengthens notification/marking rules: mandatory pre-notifications, premapping if location details are unavailable, mandatory marking with color codes, and a 12-month period for a required positive response; requires records and data sharing with the One-Call System.
• Adds a complaint and appeals process: allows the authority to hear and decide penalties, with de novo hearings; permits judicial review; designates open meetings/records rules and outlines how penalties are collected and used to fund enforcement and public awareness and training.

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