Senate Bill 205 Alabama 2026 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

2026 Regular Session

Title

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

Summary

SB205 would strengthen Alabama's Underground Damage Prevention Program by adding complex/large project procedures, extending the program's sunset, and creating a new enforcement authority with a dedicated fund.

What This Bill Does

It creates a formal process for excavations that qualify as complex or large, requiring pre-excavation planning meetings, a written working agreement, and coordinated locate requests among excavators, locators, and underground facility operators. It extends the program's sunset date and updates the code language to current style. It establishes the Underground Damage Prevention Authority to enforce penalties, manage the Underground Damage Prevention Fund, and oversee public awareness and training. It expands how design or survey locate requests are handled and requires operators to respond promptly with markings, facility descriptions, or access to records, or to use the complex/large project process.

Who It Affects

• Excavators/contractors: must follow new complex/large project procedures, participate in pre-excavation planning, negotiate working agreements, and may face penalties for noncompliance.
• Underground facility operators and One-Call System members: must participate in the One-Call system, respond to design/survey locate requests within timeframes, mark facilities, maintain records, and could face penalties and fund contributions under new enforcement provisions.

Key Provisions

• Complex/large project process (new Section 37-15-4.2): excavator must notify the One-Call Center five working days before the planned complex/large project pre-excavation planning meeting; requirements include project scope, timelines, contractor lists, contact information, premarking, and a working agreement; subsequent locate requests align with the project schedule.
• Expanded design/survey locate requests (new Section 37-15-4.1): operators must respond within five working days by marking facilities, providing best available descriptions/drawings, allowing access to records, or applying the complex/large project process.
• Sunset extension: statutory sunset for the Underground Damage Prevention Program is extended beyond the prior date, with the act becoming effective January 1, 2027.
• Underground Damage Prevention Authority and fund (Sections 37-15-10, 10.1, 10.2): creates a multi-stakeholder board, authorizes penalties, and establishes the Underground Damage Prevention Fund to support enforcement, public awareness, and training; includes adjudication and appeal processes and annual reporting.
• Penalties for violations (Section 37-15-10): tiered civil penalties up to $10,000 per incident for willful or grossly negligent violations; penalties deposited into the Fund; penalties and enforcement subject to periodic rule updates.
• Marking and color-coding: operators must mark locations using the latest APWA Uniform Color Code; a 18-inch tolerance zone is maintained between facilities and the excavation edge; markings preserved until no longer needed.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Telecommunications & Utilities