Bill > S328

This bill updates the Underground Utility Safety and Damage Prevention Act with several key provisions aimed at improving underground utility safety and excavation practices. It introduces new definitions, such as "soft dig technologies" (an excavation method using air or water pressure), and modifies existing regulations for facility operators and excavators. The bill expands requirements for marking underground facilities, including using the APWA Uniform Color Code and specifying facility dimensions, and adjusts notification timelines for excavation projects, including emergency requests. It clarifies excavator responsibilities, particularly near pipeline systems, by requiring safe excavation practices like hand digging within the tolerance zone. The bill also establishes more detailed procedures for the Underground Damage Prevention Review Board, including extending board member terms, creating an attendance policy, and adding an informal conference option for those facing violation claims. Additionally, it specifies that claims for damages must be adjudicated in North Carolina courts, and introduces a more structured process for investigating and penalizing violations, with civil penalties up to $2,500 and a formal appeals process through the Utilities Commission. The changes aim to enhance communication, safety, and accountability in underground utility excavation work, with the new regulations set to take effect on October 1, 2025.

Agriculture and Natural Resources, Government Affairs, Justice

https://www.ncleg.gov/BillLookUp/2025/S328