SB 205

This act adds Section 37-15-4.2 to the Code of Alabama 1975, to: (1) establish specific guidelines for excavators to notify operators of complex or large projects; (2) require both parties to enter into a working agreement governing duties under such projects; and (3) levy civil penalties for either party violating an agreement and an excavator knowingly failing to designate a project as complex or large. This act also substantially amends Chapter 15, Title 37, Code of Alabama 1975, to: (1) define the terms "complex or large project, ""hand digging, and ""working agreement""; (2) authorize the complex or large project processes to be used for complex or large survey or design projects; (3) extend the statutory sunset date for the One-Call Notification System from January 1, 2027 to January 1, 2037; (4) authorize excavators to begin prior to the proposed date of excavation if all notified operators have positively responded to a request to locate utility facilities; (5) require excavators that become aware of unmarked facilitates after operators have positively responded to a locate request to submit a new notice to locate; (6) require excavators to ascertain the depth of facilities when crossing; (7) provide public agencies are not liable for damages to facilities installed in public rights-of-way in violation of agency requirements; (8) include all funds collected pursuant to this act in the Underground Damage Prevention Fund; (9) authorize the Underground Damage Prevention Authority to contract with third parties for administrative services; and (10) authorize alleged violators of this act to request to attend hearings by the authority on the violations."