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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2564 By: McBride
AS INTRODUCED
An Act relating to underground facilities; requiring
operators install under ground facility in certain
consistent manner; a mending 63 O.S. 2021, Section
142.9a, which relates to damage to underground
facilities; allowing exca vators and property owners
to seek certain damages; amending 63 O.S. 2021,
Section 142.10, which relates to the statewide
notification center; requiring noti fication center
make certain website report; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 142.14 of Title 63, unless there
is created a duplication in numbering, reads as follows:
Operators shall be responsible for ensuring underground
facilities are installed in a consistent manner. Installed
underground facilities shall not deviate more than six (6) inches
vertically in every one hundred (100) horizontal feet from the depth
below existing ground elevation . Installed underground facilities
shall not deviate more than six (6) inches horizontally in every one
hundred (100) feet from either the ed ge of the easement or the
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agreed upon alignment given to the operator by the approving
easement or right-of-way owner when installing und erground
facilities.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 142.9a, is
amended to read as foll ows:
Section 142.9a A. Any excavator, except for a public agency,
who fails to comply with the Oklahoma Underground Facilities Damage
Prevention Act and who damages an underground facility owned or
operated by a nonprofit rural water corporation organize d pursuant
to Section 863 of Title 1 8 of the Oklahoma Statutes or a rural water
district organized pursuant to the Rural Water, Sewer, Gas, and
Solid Waste Management Districts Act , shall be liable for the
underground damage to and responsible for the repa ir of such
facilities. Any new unde rground facilities installed on and after
September 1, 1992, shall contain materials capable of being detected
so that the facilities can be accurately located.
B. Any excavator who damages or cuts an underground facili ty,
as a result of negligently faili ng to comply with the provisions of
the Oklahoma Underground Facilities Damage Prevention Act or as a
result of failing to take measures for the protection of an
underground facility shall be liable to the operator of th e
underground facility for the repai r of the damaged underground
facility.
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C. Except for public agencies, any excavator who by willful act
or by reckless disregard of the rights of others, repeatedly
violates the provisions of the Oklahoma Underground Fac ilities
Damage Prevention Act and re peatedly damages underground facilities,
thereby threatening the public health, safety, and welfare, may be
enjoined by a court of competent jurisdiction from further
excavation.
D. An excavator may recover damages from an operator for the
cost of:
1. Locating abandoned underground facilities ;
2. Hitting unmarked underground facilities or underground
facilities that have been installed outside of designated easements
or right-of-ways; and
3. Delays associated with an operator not locating underground
facilities within a maximum of three (3) business days , unless a
documented agreement is in place to delay the locate.
E. Excavators or property owners may recover damages from a
operator for placing underground facilitie s outside of a designated
easement or right-of-way.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 142.10, is
amended to read as follows:
Section 142.10 A. This act recognizes the value of and
authorizes the establishment of a stat ewide notification center.
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B. Upon establishment, the notification center shall operate
twenty-four (24) hours a day, seven (7) day s a week. Notification,
as required by Section 142.6 of this title, to operators who are
members of or participants in the notification center, shall be
given by notifying the notification center by telephone or other
acceptable means of communication, th e content of such notification
to conform to Section 142.6 of this title.
C. All operators who have underground facilities within the
defined geographical boundary of the notification center shall b e
required to be members in good standing of the notification center .
D. A suitable record shall be maintained by the notification
center to document the receipt of the notices fr om excavators and
positive responses from operators as required by this act.
E. The notification center shall be required to report on its
website the number of underground facility hit reports, abandoned
underground facility hit reports, and abandoned underground facility
locates that are reported by excavators.
Public agencies, as defined in this act, shall have acc ess to
the record of underground f acilities.
SECTION 4. This act shall become effective November 1, 2023.
59-1-5175 JBH 12/28/22