Public utilities; Underground Damage Prevention Program; prioritization of, liability for incomplete design or survey locates provided
Impact
The implementation of SB340 is expected to have significant implications for state laws governing underground utility management. By enforcing a time frame for completing locate requests, the bill seeks to streamline the communication and verification process between utility operators and excavation contractors. This shift is intended to enhance compliance with safety regulations, ultimately reducing the risk of accidental damage to underground facilities. Furthermore, it sets a precedent for holding operators accountable for delays, which could lead to more efficient project management statewide.
Summary
SB340 is a legislative act designed to amend the Underground Damage Prevention Program in Alabama. The bill requires operators of underground utility facilities to handle locate requests more efficiently. Specifically, it mandates that operators must complete any outstanding locate requests within 20 calendar days before addressing new requests. This change aims to prioritize existing requests and ensure timely responses, which is critical for preventing damage during construction or excavation activities. Additionally, operators will be held liable for any costs incurred by requestors if their projects are delayed due to incomplete locate requests lasting 30 days or longer.
Contention
Despite the potential benefits, SB340 has been a point of contention among stakeholders in the utility and construction sectors. Critics may argue that the new legal liabilities placed on operators could lead to increased operational costs or discourage smaller utility companies from participating in the One-Call Notification System. Additionally, there may be concerns regarding how operators will handle the verification process, specifically about the requirement to field-verify that a facility has been marked before closing a request. Opponents of the bill might advocate for a more flexible approach, taking into consideration the operational challenges faced by utility companies in complying with these new requirements.
Police dogs; emergency medical services personnel authorized to provide medical care and transport to those injured in line of duty; immunity from liability therefor provided