Makes the following changes to the Underground Utility Safety and Damage Prevention Act, Article 8A of GS Chapter 87 (Act). Expands an operator’s (i.e., a person, public utility, communications or cable service provider, municipality, electrical utility, or electric or telephone cooperative that owns or operates a facility in this State) responsibilities under GS 87-121 to now include (1) making initial contact with an excavator within three hours when there is an emergency request and (2) arranging to mark unmarked facilities (i.e., any underground line, underground system, or underground infrastructure that is used for communication, electricity, gas, petroleum, petroleum products, hazardous liquids, water, steam, or sewage) within three hours of receiving notice. Modifies provisions relating to marking the operator’s facility. Changes the time frame for an operator to provide certain information to an excavation to three full working days prior to the start date provided by the excavator for a facility (was, withing three full working days after the day notice of proposed excavation was provided). Allows operator and excavator to modify required information and notice requirements by electronically transmitted written agreements (currently, no mention of such agreements).
Modifies the notice of excavation requirements required by GS 87-122 to be given by an excavator to a Notification Center (i.e., a NC member-owned nonprofit corporation sponsored by operators that provides a system through which a person can notify operators of proposed excavations and demolitions) so that the notice for demolition or excavation that does not involve a subaqueous facility must now be given not less than three full working days prior to the proposed commencement date of the excavation or demolition (was, within three to 12 full working days before the excavation or demolition begins). Changes the expiration of the notice to 28 calendar days after the date notice was given (was, 15 full working days). Modifies the contents of the required notice so that the excavator must now give the area of locale that they reasonably believe will completed within 28 calendar days of the work start date, and excludes areas that have been completed and accepted. Requires the excavator to use safe excavation practices such as hand digging or potholing with the tolerance zone of a pipeline system.  Makes technical, clarifying, and conforming changes.  
Modifies GS 187-124’s exemptions to the notice requirements set forth in GS 187-122 as follows:

Limits the exemption for an excavation or demolition that involves the tilling of soil for agricultural or gardening purposes to those that encroach on any operator's right-of-way, easement, or permitted use and are less than 12 inches in depth.
Extends the exemptions for certain mechanisms with nonmechanized equipment to those conducted by a surveyor’s contractor.
Removes excavations or demolitions pertaining to maintenance activities on a right-of-way by other governmental entities with labor on their permanent payroll. 

Makes conforming changes.
Provides for venue for actions arising out of physical damages to facility or a party’s failure to comply with its obligations under the Act in GS 87-126. Provides for a rebuttable presumption in GS 87-128 that an excavator has exercised due care in preparing for or conducting an excavation so that it is not financially responsible to a nonresponsive operator during an excavation. Changes the standard of due care in such instances to due care in conducting or preparing the excavation (was, due care to protect existing facilities when there is evidence of the existence of those facilities near the proposed excavation area).
Modifies the vacancy and quorum provisions of the Underground Damage Prevention Review Board (Board) under GS 87-129. Requires the Board to establish an internal attendance policy, with power to Board to appoint an interim member if a member is removed or resigns for failure to meet the attendance policy. Allows Board members to appear at meetings via conference telephone or other electronic means. Allows the Utilities Commission (UC) to appoint a nonvoting ex officio member on the Board’s request. Extends the time the Board has to contact alleged violators of the Act from 10 days to 15 working days.  Sets a 30-day deadline for the Board to notify individuals who it has found to have violated the Act.  Provides for an informal conference upon request of the person found to be in violation of the Act. Requires Board to notify the UC if it imposes a penalty for a violation. Requires the UC to impose the penalty. Makes conforming changes.  Requires the UC to annually report to the Board the compliance of persons upon whom fines or penalties have been imposed under the Act. Provides for a civil action initiated by the Attorney General for any unpaid penalties.
Effective September 1, 2025.

Statutes affected:
Filed: 87-121, 87-122, 87-124, 87-126, 87-128, 87-129