HB 1215 Summary

• Exempts government entities from underground utility excavation laws when activity in their rights-of-way does not penetrate earth deeper than 12 inches and is conducted with reasonable care to protect underground facilities.

• Creates the Underground Facilities Damage Prevention Board with 22 members appointed by the Governor, Lieutenant Governor, and Speaker of the House, representing utilities, excavators, telecommunications, railroads, and other interested parties.

• Establishes civil penalties for violations: first offense requires compliance training; second and subsequent offenses require training or up to $2,500 per incident; gross negligence or willful misconduct requires training plus up to $5,000 per incident.

• Creates the Underground Damage Prevention Fund to receive all civil penalties, with excess funds supporting public awareness, training, and education programs for excavators and operators.

• Effective July 1, 2016; board must promulgate enforcement rules by December 31, 2016.