HB517 Alabama 2025 Session

Summary

Primary Sponsor

Rhett MarquesRepresentative

Republican

Session

2025 Regular Session

Title

Underground Damage Prevention Program, One-Call Notification System, further provided for complex or large projects

Summary

HB517 strengthens Alabama's Underground Damage Prevention Program by adding complex/large project procedures, expanding the One-Call system, removing sunset clauses, and creating a new enforcement authority with a dedicated fund and penalties.

What This Bill Does

It introduces procedures for excavators on complex or large projects, including a pre-excavation planning meeting at least five working days before start, a working agreement covering scope and timelines, and coordinated location markings. It requires advance notice to underground facility operators for complex projects and aligns marking and response processes with a defined project schedule. It repeals sunset provisions to keep the program active and establishes a new Underground Damage Prevention Authority to enforce rules, levy penalties, and oversee funding and training. It also strengthens marking, notification, and reporting requirements to reduce damage and improve safety.

Who It Affects

• Excavators and contractors planning or conducting complex or large projects, who must provide advance notice, participate in planning, and follow working agreements and marking requirements.
• Underground facility operators, One-Call System members, and state regulators, who must mark facilities, respond to locate requests, maintain records, join or support the One-Call System, and adhere to enforcement and funding mechanisms.

Key Provisions

• Adds §37-15-4.2 requiring a minimum five-working-day notice before a complex or large project, plus a pre-excavation planning meeting, project scope/timelines, contact information, list of contractors, and use of premarking as applicable.
• Requires a working agreement for complex/large projects that outlines the scope of work, timelines, and location completion schedule, with subsequent locate requests made in accordance with the schedule and 37-15-4 requirements.
• Deletes statutory sunset clauses related to the Underground Damage Prevention Program to keep the program in force.
• Creates the Underground Damage Prevention Authority and board with diverse stakeholder representation; establishes terms, an executive committee, governance rules, and enforcement powers for penalties and compliance.
• Establishes the Underground Damage Prevention Fund funded by penalties and other sources; funds are used for enforcement, public awareness, training, and related activities; funds do not revert to the General Fund.
• Sets civil penalties for violations (up to $500 for a first violation, up to $1,000 for a second or subsequent violation within 12 months, up to $3,000 for a third or subsequent violation, and up to $10,000 for willful or gross negligence); includes mandatory training and a process for hearings and judicial review.
• Enhances notification and marking requirements, including maintaining a 18-inch tolerance zone, noninvasive methods where possible, color-coded markings per APIA guidelines, and premarking guidance when necessary; incorrect marking affects liability and response obligations.
• Expands the design/survey locate request framework (§37-15-4.1) allowing design/survey requests with operator responses within five working days, including marking locations, providing facility descriptions, or allowing inspection of records.
• Establishes a process for complaints and enforcement (§§37-15-10 and 37-15-10.2) with notice, hearings, open meetings rules, and judicial review; complaints are generally exempt from the Open Records Act but summary information may be provided.

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