SB58 Alabama 2021 Session

Summary

Primary Sponsor

Dan RobertsSenator

Republican

Session

Regular Session 2021

Title

Utilities, Underground Damage Prevention Fund established, terms of members of authority, provided for, Secs. 37-15-10, 37-15-10.1 am'd.

Summary

SB58 creates the Underground Damage Prevention Fund and the Underground Damage Prevention Authority to enforce underground utility damage prevention in Alabama, and directs penalties into that system.

What This Bill Does

It creates a dedicated Underground Damage Prevention Fund in the State Treasury to be run by the new Authority; penalties collected from violations go into this fund and are kept there for enforcement, public awareness, and training, not the General Fund. It establishes the Underground Damage Prevention Authority to enforce the chapter, with administrative support from the Alabama Public Service Commission and board governance by stakeholder representatives appointed by the Governor. It sets a penalty structure for violations, requires training in many cases, and allows penalties and enforcement rules to be reviewed and revised; there are emergency exemptions for live emergencies but penalties apply if the violation is willful or malicious. It provides that monies already received before the act would be deposited into the fund, and the act takes effect immediately after passage.

Who It Affects

• Excavators, operators, locators, and other contractors who work with underground utilities would face civil penalties for violations and may be required to complete training, with training costs paid by the violator.
• State and local government agencies and utility-related industries that participate on the Underground Damage Prevention Authority board or provide administrative support would be involved in enforcement decisions and funding, and the public would benefit from funded enforcement, training, and public awareness programs.

Key Provisions

• Establishes the Underground Damage Prevention Fund in the State Treasury; penalties recovered go into the Fund; funds do not revert to the General Fund and are used at the authority's discretion for enforcement, public awareness, and training.
• Creates the Underground Damage Prevention Authority to enforce the chapter; funding is not from general state budget; Alabama Public Service Commission provides administrative support with costs charged back to the Authority.
• Defines the Board composition with diverse stakeholder representation and specific appointment rules; sets terms and limits on terms; creates an executive committee to handle penalties and enforcement.
• Sets a penalty schedule: up to $500 for a first violation, up to $1,000 for second/subsequent violations within 12 months, up to $3,000 for third/subsequent violations within 12 months, and up to $10,000 for gross negligence or willful noncompliance; requires training and allows penalties to be revised by rule; emergency exceptions apply only if not willful or malicious.
• Requires violators to pay training costs; if a firm or government entity is involved, at least one manager or supervisor may be required to attend training; penalties and findings are generally not admissible in other civil actions except as discoverable; monies prior to the act’s effective date are deposited into the Fund; act becomes effective immediately.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Utilities