Senate committee substitute to the 2nd edition makes the following changes. Makes conforming changes to act’s short title. Makes organizational changes.
Makes the following changes to the Underground Utility Safety and Damage Prevention Act, Article 8A of GS Chapter 87 (Act).
Includes soft dig technologies (an excavation method that uses air or water pressure to break up soil and remove it with vacuum extraction) in the term nonmechanized equipment. Makes technical and clarifying changes to GS 87-121. Changes the expiration date for the excavator notice required under GS 87-122 to twenty-eight calendar days after the work start date (was, twenty-eight calendar days after the date notice was given). Makes technical and clarifying changes. Removes references to demolition from the required notice content. Makes technical changes to GS 87-124 (exemptions). Now sets the venue for all claims of actual and consequential damages arising when damage is done by an excavator in the State as described in GS 87-126 in the State court in the county of occurrence (was, set venue based on the type of injury). Makes technical and organizational changes to GS 87-128 (absence of facility location). Reinstates provisions of GS 87-129 (concerning the Underground Damage Prevention Review Board-Board) allowing a person found to be in violation of the Article to request a hearing and providing for notice to the Utilities Commission so that it may issue an order imposing the Board’s recommended penalty. Allows a person requesting an informal conference before the Board upon being found responsible for a violation to be represented by a non-attorney. Removes the March 1 deadline for the Utilities Commission’s annual report to the Board. Makes technical and clarifying changes.
Changes the act’s effective date from September 1, 2025, to October 1, 2025.
Statutes affected: Filed: 87-121, 87-122, 87-124, 87-126, 87-128, 87-129
Edition 1: 87-121, 87-122, 87-124, 87-126, 87-128, 87-129
Edition 2: 87-121, 87-122, 87-124, 87-126, 87-128, 87-129
Edition 3: 87-117, 87-121, 87-122, 87-124, 87-126, 87-128, 87-129