Virginia 2023 Regular Session

Virginia House Bill HB2132

Introduced
1/10/23  
Refer
1/10/23  
Report Pass
1/24/23  
Refer
1/24/23  
Report Pass
2/1/23  
Engrossed
2/6/23  
Refer
2/8/23  
Report Pass
2/13/23  
Report Pass
2/14/23  
Enrolled
2/20/23  
Chaptered
3/23/23  

Caption

Underground Utility Damage Prevention Act; various changes to Act.

Impact

The bill significantly impacts state laws by introducing stricter compliance protocols for operators and excavators alike. It establishes civil penalties for violators, who may face fines for not adhering to notification requirements. Operators are now under a legal obligation to maintain accurate records and respond promptly to communicate the status of underground utility locations. The legislation also sets up an Underground Utility Damage Prevention Special Fund to support educational initiatives and enforce regulations, thereby fortifying damage prevention efforts across the state.

Summary

House Bill 2132, also known as the Underground Utility Damage Prevention Act, implements various changes to enhance the safety and oversight mechanisms related to underground utility operations. A key component of the bill is the establishment of notification procedures which require individuals to notify a designated notification center before commencing any excavation or demolition activities. This step aims to prevent damages to underground facilities, which can lead to service disruptions and physical hazards. The bill mandates operators to mark the location of their utility lines effectively, fostering an environment of accountability among utility operators.

Sentiment

The general sentiment surrounding HB 2132 has been largely positive among proponents who view it as a necessary reform for improving safety standards in excavation practices. Supporters highlight the reduction in accidents and service outages as major benefits derived from the bill's provisions. However, some concerns have been voiced regarding the burden of compliance placed on small operators and the potential for penalties to disproportionally impact lesser-resourced entities. Resolve to balance operational freedom with regulatory requirements appears to be a prominent theme in discussions.

Contention

Notable points of contention include the debate over the efficacy and practicality of enforcing the new regulations. Detractors argue that while the intent of the bill is sound, the actual implementation might face challenges, particularly in rural areas where accessibility to notification centers may be limited. Additionally, there have been discussions regarding whether the civil penalties imposed are sufficiently deterrent, and calls for the Commission to provide clearer guidelines and resources to assist operators in navigating the new rules.

Companion Bills

VA SB1145

Same As Underground Utility Damage Prevention Act; various changes to Act.

Similar Bills

VA SB1145

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.

IL HB5546

JULIE-POSITIVE RESPONSE SYSTEM

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.

OK HB2028

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