GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 247
Committee Substitute Favorable 3/19/25
Short Title: 8-1-1 Amendments. (Public)
Sponsors:
Referred to:
March 3, 2025
*H247 -v-2*
A BILL TO BE ENTITLED 1
AN ACT TO UPDATE THE UNDERGROUND UTILITY SAFETY AND DAMAGE 2
PREVENTION ACT. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 87-121 reads as rewritten: 5
"§ 87-121. Facility operator responsibilities. 6
(a) An operator shall provide to the excavator the following: 7
(1) The horizontal location and description of all of the operator's facilities in the 8
area where the proposed excavation or demolition is to occur. The location 9
shall be marked by stakes, soluble paint, flags, or any combination thereof, as 10
appropriate, depending upon the conditions in the area of the proposed 11
excavation or demolition. The operator shall, when marking as provided under 12
this subdivision, use the APWA Uniform Color Code. Where practical, 13
painted surface marks shall be of adequate length to distinguish from dots. If 14
the diameter or width of the facility is greater than four inches, the dimension 15
of the facility shall be indicated at least every 50 feet in the area of the 16
proposed excavation or demolition. An operator who operates multiple 17
facilities in the area of the proposed excavation or demolition shall locate each 18
facility. 19
(1a) The operator's identity, marked as provided in subdivision (1) of this 20
subsection, in the area where the proposed excavation or demolition is to 21
occur. At a minimum, the operator's identity shall be marked at the beginning 22
point, at intervals of 200 linear feet, and at the end point of the proposed 23
excavation or demolition. 24
(2) Any other information that would assist the excavator in identifying and 25
thereby avoiding damage to the marked facilities. 26
(b) Unless otherwise provided in a written agreement between the operator and the 27
excavator, including an electronically transmitted written agreement, the operator shall provide 28
to the excavator the information required by subsection (a) of this section within the times 29
provided below: 30
(1) For a facility, within three full working days after the day notice of the 31
proposed excavation or demolition was provided to the Notification 32
Center.prior to the work start date provided by the excavator. 33
(2) For a subaqueous facility, within 10 full working days after the day notice of 34
the proposed excavation or demolition was provided to the Notification 35
Center. 36 General Assembly Of North Carolina Session 2025
Page 2 House Bill 247-Second Edition
(3) If the operator declares an extraordinary circumstance, the times provided in 1
this subsection shall not apply. 2
(4) For an emergency request, the operator shall make an initial contact with the 3
excavator within three hours. 4
(5) For a request of an unmarked facility required by G.S. 87-122(c)(6), the 5
operator shall arrange to mark the facility within three hours from the time the 6
additional notice is received by the Notification Center. 7
…." 8
SECTION 2. G.S. 87-122 reads as rewritten: 9
"§ 87-122. Excavator responsibilities. 10
(a) Before commencing any excavation or demolition operation, the person responsible 11
for the excavation or demolition shall provide or cause to be provided notice to the Notification 12
Center of his or her intent to excavate or demolish. Notice for any excavation or demolition that 13
does not involve a subaqueous facility must be given within three to 12 full working days before 14
the proposed commencement date of the excavation or demolition. not less than three full 15
working days prior to the proposed commencement date of the excavation or demolition. Notice 16
for any excavation or demolition in the vicinity of a subaqueous facility must be given within 10 17
to 20 full working days before the proposed commencement date of the excavation or demolition. 18
Notice given pursuant to this subsection shall expire 15 full working days 28 calendar days after 19
the date notice was given. No excavation or demolition may continue after this 15-day period 20
28-day period unless the person responsible for the excavation or demolition provides a 21
subsequent update notice which shall be provided in the same manner as the original notice 22
required by this subsection. When demolition of a building is proposed, the operator shall be 23
given a reasonable time in which to remove or protect the operator's facilities before the 24
demolition commences. 25
(b) The notice required by subsection (a) of this section shall, at a minimum, contain all 26
of the following: 27
(1) The name, address, and telephone number of the person providing the notice. 28
(2) The anticipated starting date of the proposed excavation or demolition. 29
(3) The anticipated duration of the proposed excavation or demolition. 30
(4) The type of proposed excavation or demolition operation to be conducted. 31
(5) The location of the proposed excavation or demolition by one of the 32
following:The area of locate of the proposed excavation or demolition, which 33
shall be limited to an area the excavator reasonably believes may be completed 34
within 28 calendar days from the work start date and does not include any 35
areas where the excavation or demolition has been completed and accepted by 36
the authorities having jurisdiction. The area of locate is also limited to one of 37
the following: 38
a. A single parcel that may exceed 1/4 mile in linear length identified by 39
a single address. 40
b. The lesser of five adjoining parcels identified by addresses, not to 41
exceed 1/4 mile in linear length or an area not to exceed 1/4 mile in 42
linear length. 43
(6) Whether or not explosives are to be used in the proposed excavation or 44
demolition. 45
(c) An excavator shall comply with the following: 46
… 47
(10) The excavator shall not use mechanized nonmechanized equipment within 24 48
inches a 24-inch circumference of a facility that is an oil, petroleum products, 49
or highly volatile liquid pipeline system, a gas transmission line, or an electric 50
transmission line unless the facility operator has consented to the use in 51 General Assembly Of North Carolina Session 2025
House Bill 247-Second Edition Page 3
writing and the operator's representative is on site during the use of the 1
mechanized equipment. Within the tolerance zone of a pipeline system, the 2
excavator shall use safe excavation practices, such as hand digging or 3
potholing. For purposes of this subdivision, the term "oil, petroleum products, 4
or highly volatile liquid pipeline system" has the same meaning as the term 5
"pipeline system" in Title 49 C.F.R. § 195.2, the term "gas transmission line" 6
has the same meaning as the term "transmission line" in Title 49 C.F.R. § 7
192.3, and the term "electric transmission line" has the same meaning as the 8
term "transmission line" in G.S. 62-100(7)." 9
SECTION 3. G.S. 87-124 reads as rewritten: 10
"§ 87-124. Exemptions. 11
The notice requirements in G.S. 87-122(a) and G.S. 87-122(b) do not apply to the following: 12
(1) An excavation or demolition performed by the owner of a single-family 13
residential property on his or her own land that does not encroach on any 14
operator's right-of-way, easement, or permitted use. 15
(2) An excavation or demolition performed by the owner of a single-family 16
residential property on his or her own land that encroaches on any operator's 17
right-of-way, easement, or permitted use that is performed with 18
nonmechanized equipment. 19
(3) An excavation or demolition that involves the tilling of soil for agricultural or 20
gardening purposes.purposes that encroaches on any operator's right-of-way, 21
easement, or permitted use and is less than 12 inches in depth. 22
(4) An excavation or demolition for agricultural purposes, as defined in 23
G.S. 106-581.1, performed on property that does not encroach on any 24
operator's right-of-way, easement, or permitted use. 25
(5) An excavation by an operator or surveyor operator, surveyor, or an operator 26
or surveyor's contractor with nonmechanized equipment for the following 27
purposes: 28
a. Locating for a valid notification request or for the minor repair, 29
connection, or routine maintenance of an existing facility or survey 30
pin. 31
b. Probing underground to determine the extent of gas or water 32
migration. 33
(6) An excavation or demolition performed when those responsible for routine 34
maintenance of a right-of-way or any other governmental entity are 35
performing, with labor on their permanent payroll, maintenance activities 36
within the right-of-way. for the purpose of maintenance activities within the 37
right-of-way. Maintenance activities shall include emergency replacement of 38
signs critical for maintaining safety or reshaping of shoulders and ditches to 39
the original road profile. Maintenance activities do not include the initial 40
installation of traffic signs, traffic control equipment, guardrails, or drainage 41
structures. The provisions of this subdivision do not apply when the 42
excavation or demolition is performed by a contractor acting on behalf of a 43
person or entity responsible for routine maintenance of a right-of-way or on 44
behalf of any other governmental entity.right-of-way. 45
(7) An excavation or demolition performed by a railroad entirely on land which 46
the railroad owns or operates or, in the event of an emergency, on adjacent 47
land. No provision in this Article shall apply to any railroad which owns, 48
operates, or permits facilities under land which the railroad owns or operates. 49
(8) An excavation of a grave space, as defined in G.S. 65-48(10), the installation 50
of a monument or memorial at a grave space, or an excavation related to the 51 General Assembly Of North Carolina Session 2025
Page 4 House Bill 247-Second Edition
placement of a temporary structure or tent by a cemetery regulated under 1
Chapter 65 of the General Statutes that does not encroach on any operator's 2
right-of-way, easement, or permitted use. 3
(9) Pavement milling and pavement resurfacing." 4
SECTION 4. G.S. 87-126 reads as rewritten: 5
"§ 87-126. Notification required when damage is done.done; venue. 6
(a) The excavator performing an excavation or demolition that results in any damage to 7
a facility shall immediately upon discovery of the damage notify the Notification Center and the 8
facility operator, if known, of the location and nature of the damage. The excavator shall allow 9
the operator reasonable time to accomplish necessary repairs before completing the excavation 10
or demolition in the immediate area of the facility. The excavator shall delay any backfilling in 11
the immediate area of the damaged facility until authorized by the operator. The operator or 12
qualified personnel authorized by the operator shall repair any damage to the facility. 13
(b) An excavator who is responsible for an excavation or demolition where any damage 14
to a facility results in the discharge of electricity or escape of any flammable, toxic, or corrosive 15
gas or liquid, or that endangers life, health, or property shall immediately notify emergency 16
responders, including 911 services, the Notification Center, and the facility operator. The 17
excavator shall take reasonable measures to protect himself or herself, other persons in immediate 18
danger, members of the general public, property, and the environment until the operator or 19
emergency responders arrive and complete an assessment of the situation. 20
(c) The venue for all actions arising out of physical damages to a facility or the failure of 21
a party to comply with the obligations imposed on that party by this Article shall be: 22
(1) As set forth in Article 7 of Chapter 1 of the General Statutes, where one or 23
more of the claims involve bodily injury or death. 24
(2) In the county where the facility that is the subject of the action is located, if 25
none of the claims involve bodily injury or death." 26
SECTION 5. G.S. 87-128 reads as rewritten: 27
"§ 87-128. Absence of facility location. 28
If an operator who has been given notice as provided in G.S. 87-120(d) by the Notification 29
Center fails to respond to that notice as provided in G.S. 87-121 or fails to properly locate the 30
facility, the person excavating is free to proceed with the excavation. Neither the excavator nor 31
the person financially responsible for the excavation will be liable to the nonresponding or 32
improperly responding operator for damages to the operator's facilities if the person doing the 33
excavating exercises due care to protect existing facilities when there is evidence of the existence 34
of those facilities near the proposed excavation area.so long as the excavator has exercised due 35
care in preparing for or conducting the excavation. For purposes of this section, the excavator 36
shall be entitled to a presumption, rebuttable by clear and convincing evidence, that it has 37
exercised due care in preparing for or conducting the excavation where all of the following apply: 38
(1) The Notification Center gives the operator the notice required in 39
G.S. 87-120(d). 40
(2) The operator fails to respond to that notice as provided in G.S. 87-121 or fails 41
to properly locate the facility. 42
(3) The excavator has complied with the requirements of G.S. 87-122(c). 43
(4) The excavator did not have actual knowledge of the existence of a facility 44
located within the area of the excavation to be performed." 45
SECTION 6. G.S. 87-129 reads as rewritten: 46
"§ 87-129. Underground Damage Prevention Review Board; enforcement; civil penalties. 47
(a) There is hereby established the Underground Damage Prevention Review Board to 48
review reports of alleged violations of this Article. The members of the Board shall be appointed 49
by the Governor. The Board shall consist of 15 members as follows: 50
(1) A representative from the North Carolina Department of Transportation; 51 General Assembly Of North Carolina Session 2025
House Bill 247-Second Edition Page 5
(2) A representative from a facility contract locator; 1
(3) A representative from the Notification Center; 2
(4) A representative from an electric public utility; 3
(5) A representative from the telecommunications industry; 4
(6) A representative from a natural gas utility; 5
(7) A representative from a hazardous liquid transmission pipeline company; 6
(8) A representative of a municipality, appointed on the recommendation of the 7
League of Municipalities; 8
(9) A highway contractor licensed under G.S. 87-10(b)(2) who does not own or 9
operate facilities; 10
(10) A public utilities contractor licensed under G.S. 87-10(b)(3) who does not 11
own or operate facilities; 12
(11) A surveyor licensed under Chapter 89C of the General Statutes; 13
(12) A representative from a rural water system, appointed on the recommendation 14
of the North Carolina Rural Water Association; 15
(13) A representative from an investor-owned water system; 16
(14) A representative from an electric membership corporation; and 17
(15) A representative from a cable company, appointed on the recommendation of 18
the North Carolina Cable Telecommunications Association. 19
(a1) Each member of the Board shall be appointed for a term of four years. Members of 20
the Board may serve no more than two consecutive terms. Vacancies in appointments made by 21
the Governor occurring prior to the expiration of a term shall be filled by appointment for the 22
unexpired term. To the extent practicable, the Governor shall fill any vacancy in appointment 23
within 60 days after the vacancy. 24
(a2) No member of the Board may serve on a case where there would be a conflict of 25
interest. 26
(a3) The Governor may remove any member at any time for cause. 27
(a4) Eight members A majority of the seated members of the Board shall constitute a 28
quorum. Board members may appear at meetings by simultaneous communication via conference 29
telephone or other electronic means. 30
(a5) The Governor shall designate one member of the Board as chair. 31
(a6) The Board may adopt rules to implement this Article. 32
(a7) The Board shall establish an internal attendance policy. In the event that a Board 33
member resigns or fails to meet the criteria of the attendance policy, the Board may appoint an 34
interim member to represent the same stakeholder group until such time as the Governor appoints 35
a replacement for the unexpired term. 36
(a8) On request of the Board, the Utilities Commission shall appoint a nonvoting ex officio 37
member as an administrative representative to provide counsel and coordinate efforts of the 38
Board. 39
(b) The Board shall receive reports of alleged violations of this Article. The Board shall 40
contact persons against whom reports have been filed to inform them of the alleged violation 41
within 10 days 15 working days of the filing of the report. The Board shall maintain all of the 42
following information regarding reports of alleged violations: 43
(1) The name, address, and telephone number of the person making the report; 44
(2) The nature of the report, including the statute that is alleged to have been 45
violated; 46
(3) Information provided by the person making the report, including 47
correspondence, both written and electronic, pictures, and videos; and 48
(4) Information provided by the person against whom the report has been filed, 49
including correspondence, both written and electronic, pictures, and videos. 50 General Assembly Of North Carolina Session 2025
Page 6 House Bill 247-Second Edition
(b1) The Board shall review all reports of alleged violations of this Article and 1
accompanying information. If the Board determines that a person has violated any provision of 2
this Article, the Board shall determine the appropriate action or penalty to impose for each such 3
violation. Actions and penalties may include training, education, and a civil penalty not to exceed 4
two thousand five hundred dollars ($2,500). The Board shall approve training courses and the 5
sponsors of those training courses under this subsection. Any fees for training courses approved 6
by the Board shall be paid by the person determined to have violated this Article. The Board shall 7
notify within 30 days each person who is determined to have violated this Article in writing of 8
the Board's determination and the Board's recommended action or penalty. A person determined 9
to be in violation of this Article may request a hearing before the Board, after which the Board 10
may reverse or uphold its original finding. If the Board recommends a penalty, the Board shall 11
notify the Utilities Commission of the recommended penalty, and the Utilities Commission shall 12
issue an order imposing the penalty.Notwithstanding Chapter 150B of the General Statutes, a 13
person determined to be in violation of this Article may request an informal conference before 14
the Board by notifying the Board in writing within 30 days of the Board's determination. The 15
person must attend the informal conference in person. The person may be represented by an 16
attorney and may present evidence and make arguments in favor of the person's position. 17
Following the informal conference, the Board may reverse, modify, or uphold its original finding. 18
If the Board recommends a penalty, the Board shall notify the Utilities Commission of the 19
recommended penalty, and the Utilities Commission shall issue an order imposing the penalty 20
within 30 days of notification by the Board. 21
(c) A person determined by the Board under subsection (b1) of this section to have 22
violated this Article may appeal the Board's determination by initiating an arbitration proceeding 23
before the Utilities Commission within 30 days of the Board's determination. determination 24
following the informal conference. If the violating party elects to initiate an arbitration 25
proceeding, the violating party shall pay a filing fee of two hundred fifty dollars ($250.00) to the 26
Utilities Commission, and the Utilities Commission shall open a docket regarding the report. The 27
Utilities Commission shall direct the parties enter into an arbitration process. The parties shall be 28
responsible for selecting and contracting with the arbitrator. Upon completion of the arbitration 29
process, the Utilities Commission shall issue an order encompassing the outcome of the binding 30
arbitration process, including a determination of fault, a penalty, and assessing the costs of 31
arbitration to the non-prevailing party. 32
(c1) A person may timely appeal an order issued by the Utilities Commission pursuant to 33
this section to the superior court division of the General Court of Justice in the county where the 34
alleged violation of this Article occurred or in Wake County, for trial de novo within 30 days of 35
entry of the Utilities Commission's order. The authority granted to the Utilities Commission 36
within this section is limited to this section and does not grant the Utilities Commission any 37
authority that they are not otherwise granted under Chapter 62 of the General Statutes. 38
(d) The provisions of this Article do not affect any civil remedies for personal injury or 39
property damage otherwise available to any person, except as otherwise specifically provided for 40
in this Article. The penalty provisions of this Article are cumulative to and not in conflict with 41
provisions of law with respect to civil remedies for personal injury or property damage. The clear 42
proceeds of any civil penalty assessed under this section shall be used as provided in Section 7(a) 43
of Article IX of the North Carolina Constitution. In any arbitration proceeding before the Utilities 44
Commission, any actions and penalties assessed against any person for violation of this Article 45
shall include the actions and penalties set out in subsection (b1) of this section. 46
(d1) The Utilities Commission shall report to the Board by March 1 of each year the 47
compliance of persons upon whom fines or penalties have been imposed under this Article. 48
(d2) If the amount of a penalty imposed by the Utilities Commission pursuant to subsection 49
(c) of this section is not paid to the Utilities Commission within 90 days of the Utilities 50
Commission issuing the order, the Attorney General, at the request of the Utilities Commission, 51 General Assembly Of North Carolina Session 2025
House Bill 247-Second Edition Page 7
shall bring an action in the name of the State of North Carolina in the Wake County Superior 1
Court to recover the penalty. The action shall not commence until after the time has expired for 2
an appeal from the findings, conclusions, and order of the Utilities Commission. 3
(e) The Board is authorized to employ contractors or other personnel as it may deem 4
necessary to carry out the provisions of this Article. 5
(f) The Board shall maintain a record of reports of alleged violations of this Article 6
received under subsection (b) of this section for at least four years, including responses to such 7
reports. 8
(g) On request of the Board, the Attorney General's office shall assign a legal 9
representative to provide legal counsel to the Board." 10
SECTION 7. This act becomes effective September 1, 2025. 11