Bill > HB2736

This bill amends West Virginia's Underground Facilities Damage Prevention law to make several key changes to regulations surrounding excavation and underground facility protection. The bill modifies definitions related to emergencies and excavation, expands the Underground Facilities Damage Prevention Board's powers to include making findings, assessing penalties, requiring training, and obtaining liens on properties of those who fail to pay penalties. It updates the notification process for underground facility operators, requiring them to respond to excavation notices within 48 hours by marking facility locations or confirming no lines exist in the proposed excavation area. The bill also revises civil enforcement provisions, establishing a graduated penalty system for violations: first-time violators must complete a training course, second-time violators may face training or a fine up to $500, and third-time violators can be fined up to $2,500. For gross negligence or willful misconduct, violators may be required to complete training and pay a penalty up to $5,000. Additionally, the bill allows for hearings in Kanawha County and permits judicial review through the intermediate court of appeals. The overall aim is to improve communication, safety, and accountability in underground facility excavation and protection.

Agriculture and Natural Resources, Transportation and Infrastructure

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2736&year=2025&sessiontype=RS&btype=bill