Arkansas Senate Bill SB297

Arkansas 2023 Regular Session

• Introduced: 2/21/23
• Refer: 2/21/23
• Report Pass: 3/2/23
• Engrossed: 3/7/23
• Refer: 3/7/23
• Report Pass: 3/8/23
• Enrolled: 3/14/23
• Chaptered: 3/24/23
• Passed: 3/24/23

Caption

To Amend The Arkansas Underground Facilities Damage Prevention Act; And To Declare An Emergency.

Impact

If enacted, SB297 will significantly impact how excavators interact with the One Call Center and the regulations governing underground facility management in Arkansas. The bill mandates that excavators confirm all necessary notifications and markings before beginning any excavation work, which is crucial for preventing accidents and damage to existing infrastructure. The introduction of civil penalties, which escalate with repeated violations, is designed to incentivize compliance and underscore the importance of safety protocols within this sector.

Summary

SB297 amends the Arkansas Underground Facilities Damage Prevention Act, aiming to enhance public safety by reducing the risk of damage to underground facilities during excavation activities. The bill establishes stricter notification requirements for excavators to the One Call Center, requires prompt marking of underground facilities, and imposes civil penalties for non-compliance. Notably, it includes mandatory training for violators to ensure adherence to safe excavation practices, which is intended to improve overall incident prevention.

Sentiment

The sentiment surrounding SB297 appears predominantly supportive, aligning with the goals of enhancing public safety and safeguarding critical infrastructure. Stakeholders include legislators, state agencies, and public safety advocates who advocate for robust damage prevention measures. However, there may be concerns regarding the regulatory burden placed on small contractors and the logistics of adhering to the new notification and training protocols.

Contention

While the general consensus favors the increased protections that SB297 provides, potential contentions arise from the implementation of mandatory training and civil penalties, which some argue could disproportionately affect smaller operators in the industry. Additionally, defining the boundaries of 'extraordinary circumstances' under which certain compliance requirements may be waived might lead to debates on the practical application of the law in varying scenarios.