HB443 Alabama 2025 Session

Summary

Primary Sponsor

Rhett MarquesRepresentative

Republican

Session

2025 Regular Session

Title

Public utilities; Underground Damage Prevention Program; certain statutory sunset clauses deleted

Summary

The bill extends the Underground Damage Prevention Program sunset to 2035 and maintains a statewide One-Call system that requires underground facility operators to participate.

What This Bill Does

It extends the program's sunset date from January 1, 2027 to January 1, 2035. It requires underground facility operators to participate in the One-Call Notification System, with phased deadlines for joining based on size, and provides exemptions for small operators until certain metrics are met. It adds annual reporting on underground trench miles and imposes certain liability rules if an operator fails to join. It creates a statewide nonprofit One-Call System governed by a board and overseen by the Alabama Public Service Commission for entities seeking certification, along with public awareness activities and required record-keeping.

Who It Affects

• Underground facility operators in Alabama (electric, gas, hazardous liquid pipelines) who must join and participate in the One-Call Notification System, with deadlines and potential exemptions based on size and trench mileage.
• Non profit, public, or governmental entities that may apply to operate or join the One-Call System and are subject to certification by the Alabama Public Service Commission, along with ongoing oversight and reporting requirements.

Key Provisions

• Extends the statutory sunset of the Underground Damage Prevention Program to January 1, 2035.
• Effective date set to January 1, 2026.
• Operators must participate in the One-Call Notification System; those already members as of January 1, 2020 must remain members; operators with more than 25,000 customers or more than 500 miles of facilities not yet members must join by January 1, 2021; those not meeting thresholds must join by January 1, 2022; some operators with less than five percent underground trench miles may be exempt from membership costs until their trench miles exceed the exemption and must report annually.
• If an operator fails to join as required and damage occurs due to a compliant excavator, the operator has no right of recovery against that person for the damage.
• Non-profit, public, or governmental entities may apply to the Alabama Public Service Commission for a certificate of public convenience and necessity; the PSC may issue and can revoke certificates based on meeting or ceasing to meet requirements.
• The One-Call System will be statewide, incorporated as a nonprofit, and governed by a board representing its membership.
• Public awareness and damage prevention programs must be developed and implemented to educate the public, excavators, and operators about One-Call usage.
• The system must provide notice with individual reference numbers, transmit notifications to appropriate operators, and maintain records for at least three years; records must be available on request.
• Operators must update notification area data and contact information at least annually and notify the system of changes within 30 days after completion.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Telecommunications & Utilities