SB295 Alabama 2025 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

2025 Regular Session

Title

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

Summary

SB295 would overhaul Alabama's Underground Damage Prevention Program by adding procedures for complex or large projects, expanding the One-Call system, creating an enforcement Authority and Fund, and extending the program beyond sunset.

What This Bill Does

It establishes procedures for excavators before starting complex or large projects, including planning meetings, working agreements, and site premarking; adds a formal process (37-15-4.2) requiring five working days’ notice to underground facility operators prior to complex/large projects. It creates the Underground Damage Prevention Authority with a stakeholder board and an executive committee to enforce the rules, set penalties, and manage a dedicated Underground Damage Prevention Fund. It requires underground facility operators to participate in the One-Call System, respond to locate requests, mark facilities, maintain records, and support public awareness and training. It also removes sunset clauses to keep the program in effect and expands enforcement, penalties, and reporting requirements.

Who It Affects

• Excavators and project developers planning complex or large projects: must follow new procedures, provide notices, negotiate working agreements, and premark sites; can face penalties for non-compliance.
• Underground facility operators and locators: must participate in the One-Call System, respond to design/survey locate requests, mark or locate facilities, maintain records, and cooperate with complex/large projects; penalties can apply for violations.
• One-Call Notification System and its member operators: must participate statewide, process notices, share information with designated operators, and support enforcement and public awareness efforts.
• State agencies, utilities, and the Underground Damage Prevention Authority: oversee enforcement, adopt rules, issue penalties, manage the Underground Damage Prevention Fund, and ensure compliance and public safety.

Key Provisions

• Defines complex or large projects and criteria (e.g., activity lasting beyond 40 working days, five or more concurrent work crews, or multiple locate requests in the same area within the initial locate period).
• Adds Section 37-15-4.2 requiring complex/large projects to provide underground facility operators with at least five working days’ notice before starting, plus a pre-excavation planning meeting, project scope, timelines, contacts, list of contractors, and premarking provisions.
• Requires working agreements among excavators, operators, and locators for complex/large projects, including agreed scope, timelines, and location completion schedules; subsequent locate requests follow the agreement.
• Expands design/survey locate requests and sets out operator responses within five working days, including marking facilities or providing best available records and allowing inspection of drawings/records.
• Establishes the Underground Damage Prevention Authority with a stakeholder board and an executive committee to enforce the chapter, set penalties, and manage the Underground Damage Prevention Fund; board members come from a wide range of industries and agencies.
• Creates the Underground Damage Prevention Fund; penalties and other funds go into the fund, which is used for enforcement, public awareness, training, and education of excavators, operators, and locators.
• Imposes a tiered penalty structure for violations (up to $500 for first, up to $1,000 for second, up to $3,000 for third, and up to $10,000 for gross negligence or willful noncompliance), plus required training; hearings and appeals processes are established.
• Requires compliance with marking, color-coding, and tolerance-zone rules (18 inches clearance, noninvasive marking methods, and white premarking where appropriate) and provides exceptions for emergencies and certain routine activities.
• Delays sunset clauses and ensures ongoing operation of the program; updates open-meetings and open-records handling for complaints and enforcement proceedings.

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