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 HB2132

Underground Utility Damage Prevention Act; various changes to Act.

VA HB913

Underground Utility Damage Prevention Act; duties of operator, liability of excavator.

VA H3571

Underground Facility Damage Prevention

VA SB174

AN ACT relating to underground facility damage prevention.

VA HB2263

UNDERGROUND UTILITIES-VARIOUS

VA HB4095

Underground Facilities Damage Prevention Act; definitions; notice; meeting request; effective date.

VA SB297

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

VA HB05118

An Act Concerning The Underground Damage Prevention Program.

VA HB1666

Public health and safety; Underground Facilities Damage Preventions Act; modifying definition of excavate; effective date.

VA HB2736

Relating generally to Underground Facilities Damage prevention

Similar Bills

VA HB2132

Underground Utility Damage Prevention Act; various changes to Act.

VA HB913

Underground Utility Damage Prevention Act; duties of operator, liability of excavator.

UT SB0145

Utility Easements Amendments

UT SB0242

Utility Easements Amendments

OK HB4095

Underground Facilities Damage Prevention Act; definitions; notice; meeting request; effective date.

TX HB3162

Relating to the duty of an excavator to notify a notification center or to make a 9-1-1 emergency call in response to underground facility damage or an emergency.

IL HB5546

JULIE-POSITIVE RESPONSE SYSTEM

OK HB2028

Public health and safety; underground facilities; marking; notice; notification center; exemptions; states of emergency; effective date.