Virginia 2023 Regular Session

Virginia Senate Bill SB1145

Introduced
1/10/23  
Refer
1/10/23  
Report Pass
1/23/23  
Report Pass
2/1/23  
Engrossed
2/3/23  
Refer
2/7/23  
Report Pass
2/13/23  
Engrossed
2/16/23  
Engrossed
2/20/23  
Enrolled
2/23/23  
Chaptered
3/23/23  

Caption

Underground Utility Damage Prevention Act; various changes to Act.

Impact

The bill significantly modifies existing provisions related to underground utility management in the Commonwealth. By imposing stricter guidelines on notifications and marking, the legislation aims to reduce the risk of utility damage during excavations—which is crucial for maintaining infrastructure reliability. Civil penalties for violations are heightened, with fines established for individuals or entities that fail to notify responsible parties, thus providing a strong incentive for compliance. This approach not only protects utility infrastructure but also encourages a culture of accountability and precaution among excavators and utility operators alike.

Summary

SB1145, known as the Underground Utility Damage Prevention Act, introduces various changes aimed at enhancing safety during excavation activities. This bill stipulates rigorous notification requirements for individuals and contractors prior to any excavation or demolition, mandating that they must submit a locate request to the designated notification center. The emphasis on issuing notification serves to prevent damage to underground utility lines, thereby safeguarding public health and essential services from disruption resulting from accidental diggings. The bill also underscores the responsibilities of utility operators to properly mark their utility lines to aid excavators and ensure compliance with these regulations.

Sentiment

The sentiment surrounding SB1145 is generally supportive, especially among safety advocates and utility service providers who recognize the need for enhanced precautions when dealing with underground utilities. While the bill is applauded for its potential to reduce damage and promote safety, there remain some concerns regarding the burden it may place on smaller contractors who might find compliance costs and processes more challenging. Nevertheless, there is a shared acknowledgment of the need for such legislation to better protect vital public infrastructure from potentially damaging excavation practices.

Contention

Notably, opposition to the bill may arise from those who consider the potential civil penalties excessive, particularly in situations where excavators may unintentionally overlook marking requirements. Additionally, some have raised concerns about the operational practicality for smaller operators who may not have the same resources as larger companies to implement the required notification systems efficiently. Striking a balance between ensuring safety and not stifling smaller businesses will be a crucial aspect of the ongoing discourse surrounding SB1145.

Companion Bills

VA HB2132

Same As Underground Utility Damage Prevention Act; various changes to Act.

Previously Filed As

VA SB5627

AN ACT Relating to improving safe excavation practices and preventing damage to underground utilities;

VA SB275

An Act To Amend Title 26 Of The Delaware Code Relating To The Underground Utility Damage Prevention And Safety Act.

VA H3571

Underground Facility Damage Prevention

VA SB469

Provides relative to the Louisiana Underground Utilities and Facilities Damage Prevention Law. (8/1/26)

VA SB426

Preventing damage to underground facilities

VA HB392

Provides relative to the Louisiana Underground Utilities and Facilities Damage Prevention Law

VA HB443

Public utilities; Underground Damage Prevention Program; certain statutory sunset clauses deleted

VA SB232

Public utilities; Underground Damage Prevention Program; certain statutory sunset clauses deleted

VA HB298

Public utilities; Underground Damage Prevention Program; certain statutory sunset clauses deleted

VA SB95

Public utilities; Underground Damage Prevention Program; certain statutory sunset clauses deleted

Similar Bills

No similar bills found.