The bill SB205 amends the Code of Alabama 1975 to enhance the Underground Damage Prevention Program by introducing new requirements for excavators undertaking complex or large projects. Key insertions include a definition of "complex or large project," which involves excavation activities that exceed a 40-working day notification period, utilize five or more concurrent work crews, or necessitate multiple locate requests in a single day. The bill also establishes a new section (37-15-4.2) detailing these requirements and extends the statutory sunset clause for the program. Additionally, it clarifies definitions for terms such as "excavate," "hand digging," and "damage," while specifying that "excavate" now includes hand digging and marine construction, with exceptions for routine maintenance on public roadways and railroads.

Furthermore, the bill introduces a civil penalty structure for violations, allowing penalties up to $3,000 per incident and up to $10,000 for gross negligence. It mandates violators to complete a training course and establishes the Underground Damage Prevention Fund to support public awareness and training initiatives. The bill also outlines a complaint process for violations, requiring timely reporting and providing rights for response and appeal. Notably, it emphasizes the need for excavators of complex or large projects to notify underground facility operators in advance, including project details and timelines, and to negotiate a working agreement. The bill is set to take effect on January 1, 2027, and includes provisions to protect board members from civil liability when acting in good faith.

Statutes affected:
Introduced: 37-15-2, 37-15-4, 37-15-4, 37-15-5, 37-15-6, 37-15-8, 37-15-9, 37-15-10, 37-15-10, 37-15-10
Engrossed: 37-15-2, 37-15-4, 37-15-4, 37-15-5, 37-15-6, 37-15-8, 37-15-9, 37-15-10, 37-15-10, 37-15-10
Enrolled: 37-15-2, 37-15-4, 37-15-4, 37-15-5, 37-15-6, 37-15-8, 37-15-9, 37-15-10, 37-15-10, 37-15-10