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NC H476

Bill

Status

Passed

8/23/2013

Primary Sponsor

Michael Hager

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Origin

House of Representatives

2013-2014 Session

AI Summary

H476 Summary

  • Repeals Article 8 of Chapter 87 of the General Statutes and replaces it with a new "Underground Utility Safety and Damage Prevention Act" (Article 8A) effective October 1, 2014

  • Establishes a mandatory statewide Notification Center (not-for-profit corporation) through which excavators must provide 3-12 working days' advance notice before excavation or demolition; operators must respond with facility locations within 3 working days (10 days for subaqueous facilities)

  • Requires operators to mark facility locations using APWA Uniform Color Code and maintain installation records and electronically locatable facilities; exempts gravity-fed sanitary sewers and storm water facilities from marking requirements

  • Preempts local ordinances regarding facility permits, premarking, marking devices, and mark removal; establishes that neither excavators nor operators can charge each other for compliance costs

  • Creates Underground Damage Prevention Review Board (appointed by Governor with 15 industry representatives) to review violation reports and impose penalties: training/education for negligence, $1,000 civil penalty for gross negligence, and $2,500 penalty plus training/education for willful or intentional conduct

Legislative Description

Rewrite Underground Damage Prevention Act

Last Action

Ch. SL 2013-407

8/23/2013

Committee Referrals

Finance6/24/2013
Finance5/6/2013
Public Utilities and Energy4/1/2013

Full Bill Text

No bill text available