HB461 Summary

• Amends Alabama's underground facility damage prevention law to clarify definitions and update operational provisions for the "One-Call Notification System" used to notify operators before excavation or demolition near underground utilities.

• Allows underground facility operators who choose not to participate in the statewide One-Call system and instead operate an in-house notification program to potentially waive recovery of damages if they fail to meet required operational standards.

• Establishes new procedures for "design locate requests" allowing persons to request facility information for planning and bidding purposes, with operators required to respond within 10 working days by marking facilities, providing facility descriptions, or allowing inspection of records.

• Increases civil penalties for violations from a single $10,000 maximum to tiered penalties: first offense up to $1,500, second offense up to $5,000, subsequent offenses up to $25,000 per violation, and knowing/willful violations up to $50,000.

• Makes intentional destruction or removal of underground facility markers a Class C misdemeanor, effective January 1, 2011.