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 strengthens Alabama's underground damage prevention program by extending the One-Call system, adding a complex/large project process, creating an enforcement authority and fund, and extending the program's sunset date.

What This Bill Does

It creates a formal process for complex or large excavation projects, including a pre-excavation planning meeting, a working agreement, and detailed notices and markings. It establishes the Underground Damage Prevention Authority and Board to enforce the rules, oversee penalties, and manage the Underground Damage Prevention Fund funded by penalties and other sources. It extends the One-Call System membership requirements with phased deadlines and requires annual reporting, while also clarifying design/survey locate requests and strengthening marking, notification, and response requirements. It strengthens enforcement and penalties, including fines up to $10,000 per incident for willful or gross violations, and provides for hearings and appeals.

Who It Affects

• Excavators and contractors must follow the new complex/large project procedures, provide notices, premarking, and comply with enhanced marking requirements and potential penalties.
• Underground facility operators and owners (utilities and similar services) must participate in the One-Call System, respond to locate requests, mark facilities, provide records, and may face penalties for noncompliance.

Key Provisions

• Adds complex/large project process (Section 37-15-4.2): excavators must provide notice at least five working days before planned pre-excavation planning meetings; outlines scope, contacts, contractors, premarking, and location completion schedules.
• Creates the Underground Damage Prevention Authority and Underground Damage Prevention Board to enforce this chapter, oversee penalties, and manage the enforcement process and related penalties.
• Establishes the Underground Damage Prevention Fund to collect civil penalties and other funds, with expenditures for enforcement, public awareness, and training; funds carry over year to year for these purposes.
• Extends and sets phased membership requirements for the One-Call Notification System, with specific deadlines for different operator categories, and requires annual reporting of trench miles for electric facilities.
• Implements enhanced notification, marking, and response duties (designated in 37-15-4, 37-15-5, 37-15-6) including design/survey locate requests, affirmative responses, and a tolerance zone for safe excavation.
• Establishes penalties for violations (up to $500 for first, $1,000 for second, $3,000 for third, and up to $10,000 for gross negligence or willful noncompliance) and provides for hearings, appeals, and judicial review; authorizes enforcement actions and open meetings rules.

AI-generated summary using openai/gpt-5-nano on Feb 19, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Telecommunications & Utilities