HB 1364 Summary

• Creates the Arkansas Underground Facilities Damage Prevention Enforcement Board within the Department of Energy and Environment with representatives from utilities, contractors, municipal associations, and other stakeholders to enforce underground facilities damage prevention laws.

• Replaces previous enforcement mechanism with board-administered civil penalties of up to $2,500 per violation (first offense) and up to $50,000 (subsequent violations within 12 months), with higher penalties up to $2 million for pipeline operators violating federal regulations.

• Requires violators to undergo mandatory training in underground facilities damage prevention administered by the One Call Center and approved by the board.

• Establishes the Underground Facilities Damage Prevention Fund to collect civil penalties and authorizes the board to fund operations through grants, complaint filing fees, and a per-ticket charge not exceeding five cents collected by the One Call Center.

• Creates a voluntary dispute resolution panel process to settle damages from underground facility incidents and requires the board to adopt rules concerning tiered penalty structures by January 1, 2022.