Alabama Senate Bill SB243

Alabama 2023 Regular Session

• Introduced: 4/25/23
• Refer: 4/25/23
• Report Pass: 5/3/23

Caption

Relating to the One-Call Notification System; to amend Section 37-15-4.1, Code of Alabama 1975, to authorize a design professional to hire a third-party locator, at the expense of the underground facility operator, after two design or survey locate requests have been submitted and expired without response by the operator.

Impact

The potential impact of SB243 includes a more efficient process for completing excavation projects by ensuring that essential information about underground facilities is made available in a timely manner. By enabling design professionals to seek independent locating services when operators do not respond on time, the bill aims to mitigate risks related to damage to underground utilities during construction. This can significantly enhance project safety and efficiency, ultimately supporting better compliance with safety standards in construction practices in Alabama.

Summary

SB243, introduced by Senator Chambliss, seeks to amend the One-Call Notification System as outlined in Section 37-15-4.1 of the Code of Alabama 1975. The primary objective of this legislation is to provide additional authority to design professionals who engage in excavation or demolition work, especially in situations where they do not receive timely responses from underground facility operators. Under existing law, operators are required to respond to design or survey requests within five days; however, if they fail to do so after two requests, SB243 empowers design professionals to hire a third-party locator, with the costs incurred by the operator.

Contention

Points of contention surrounding SB243 may arise from concerns about the financial implications for underground facility operators who might be liable for the costs associated with employing third-party locators. Operators may argue that this legislation could lead to increased operational costs, particularly if multiple locate requests are involved. Additionally, there is potential worry regarding the quality and reliability of services provided by independent locators compared to established operators, which could affect project outcomes.