HB2222 - 472R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 40-360.21, Arizona Revised Statutes, is amended to read:

START_STATUTE40-360.21. Definitions

In this article, unless the context otherwise requires:

1. "Abandoned" means no longer in service and physically disconnected from a portion of the facility, or from any other facility, that is in use or still carries service.

2. "Apartment complex" means any real property that has one or more structures and contains five or more dwelling units for rent or lease that are subject to title 33, chapter 10.

2. 3. "Building official" means the officer employed by a political subdivision of this state and charged with the administration and enforcement of a building code to regulate the quality, type of material and workmanship of construction of buildings or structures.

3. 4. "Careful and prudent manner" means conducting an excavation in such a way that when it is within the excavation is less than or equal to twenty‑four inches of the from an underground facility located and that is marked by the underground facilities operator, by with stakes, paint or in some customary manner, the exact location is manually determined, and the uncovered facility is supported and protected.

4. 5. "Cross culverts or similar roadway drainage facilities" means transverse drainage structures with both ends or openings visible and includes box culverts, drainage pipes or other covered structures.

5. 6. "Detectible underground location device" means any device that is installed underground and that is capable of being detected from above ground with an electronic locating device.

7. "Dwelling unit" has the same meaning prescribed in section 33-1310.

6. 8. "Excavation" means any operation in which earth, rock or other material in the ground is moved, removed or otherwise displaced by means or use of any tools, equipment or explosives and includes, without limitation, grading, trenching, digging, ditching, drilling, augering, boring, tunnelling, scraping, cable or pipe plowing and driving.

7. 9. "Implied easement" means any easement or right‑of‑way on private property required to provide utility services by means of underground facilities in property of the owner requesting such service.

8. 10. "Inactive" means:

(a) That portion of an underground facility that is not in use but is still connected to the facility, or to any other facility, that is in use or still carries service.

(b) A new underground facility that has not been connected to any portion of an existing facility.

9. 11. "Installation records of an underground facility" means maps, drawings, diagrams, surveys, schematics, illustrations, sketches or any other depictions or descriptions of an underground facility that reflect the location at the time of installation of the underground facility and any surface extensions in a reasonably accurate manner.

12. "Landlord" has the same meaning prescribed in section 33-1310 for an apartment complex and has the same meaning prescribed in section 33-1409 for a mobile home park.

10. 13. "Locator strip" means a type of detectible underground location device that consists of a plastic or other durable material ribbon containing a material capable of being detected from above ground with an electronic locating device and color coded by type of underground facility.

11. 14. "Locator wire" means a type of detectible underground location device that consists of a copper wire or metallic, conductive, noncorrosive trace wire capable of being detected from above ground with an electronic locating device.

15. "mobile home park" has the same meaning prescribed in section 33‑1409.

12. 16. "One‑call notification center" means an organization of owners or operators of underground facilities that provides a telephone number notification service for the purpose of receiving and distributing to its members advance notifications from persons regarding planned excavations.

13. 17. "Person" means any individual, firm, joint venture, partnership, corporation, association, municipality, governmental unit, department or agency and shall include any trustee, receiver, assignee or personal representative thereof.

14. 18. "Routine road maintenance grading" means the routine grading or resurfacing of the concrete, asphaltic or composite surface but not the subbase of a roadway by the state or a political subdivision of the state for the purpose of maintaining the surface condition of the road and includes recovery of material from a borrow ditch.

15. 19. "Stakes, paint or in some customary manner" means marking the location of an underground facility by the colors established by the commission. These colors shall be restricted to the underground facility location.

16. 20. "Underground facilities operator" means a public utility, municipal corporation, landlord or other person having the right to bury underground facilities in any public street, alley, right‑of‑way dedicated to the public use, or utility easement, in any apartment complex or mobile home park or pursuant to any express or implied private property easement. Underground facilities operator does not include a homeowner that owns a sewer facility in a public street, alley, right-of-way dedicated to public use or utility easement.

17. 21. "Underground facility" means any item of personal property that is buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic, or telegraphic communications, electric energy, oil, gas or other substances, and shall include but not be limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those portions of poles and their attachments below ground except cross culverts or similar roadway drainage facilities and landscape irrigation systems of two inches in diameter or less. END_STATUTE

Sec. 2. Section 40-360.22, Arizona Revised Statutes, is amended to read:

START_STATUTE40-360.22. Excavations; determining location of underground facilities; providing information; excavator marking; on‑site representative; validity period of markings; liability for misuse of locate requests; detectible underground locating devices; civil penalty

A. A person shall not make or begin any excavation in any public street, alley, right‑of‑way dedicated to the public use, or utility easement, in any express or implied private property utility easement, or in any apartment complex or mobile home park without first determining whether underground facilities will be encountered, and if so where they are located from each and every underground facilities operator and taking measures for control of the facilities in a careful and prudent manner.

B. Every underground facilities operator, except a landlord that does not operate underground facilities in a public street, alley, right-of-way dedicated to the public use or utility easement, shall file with the corporation commission the job title, address and telephone number of the person or persons from whom the necessary information may be obtained. Such person or persons shall be readily available during established business hours. The information on file shall also include the name, address and telephone number of each one‑call notification center to which the underground facilities operator belongs. Upon receipt of inquiry or notice from the excavator, the underground facilities operator shall respond as promptly as practical, but in no event later than two working days, by marking such facility with stakes, paint or in some customary manner. No person shall begin excavating before the location and marking are complete or the excavator is notified that marking is unnecessary. If the excavator consents, an underground facilities operator may notify the one-call notification center that marking is unnecessary pursuant to a method established by the one-call notification center. An underground facilities operator may delegate any marking or notification obligations required by this subsection to an agent or servant of the underground facilities operator. An underground facilities operator may notify the excavator that marking is unnecessary pursuant to any mutually agreeable method.

C. On a timely request by the underground facilities operator, the excavator shall mark the boundaries of the location area requested to be excavated in accordance with a color code designated by the commission or by applicable custom or standard in the industry. A request under this subsection for excavator marking does not alter any other requirement of this section.

D. Except as provided in subsection E of this section, a person shall not begin excavating in any apartment complex or mobile home park before the landlord has completed marking the underground facility or the excavator is notified that marking is unnecessary. After underground facility markings are complete or the excavator has received notice that marking is unnecessary, an excavator shall notify either the landlord or one-call notification center if any of the following conditions exists:

1. Visible and obvious evidence, such as pavement cuts, that would alert a reasonable excavator to the presence of an unmarked underground facility within the boundary of the intended area of excavation.

2. The excavator has concerns regarding the accuracy and meaning of the marks.

3. The excavator encounters an underground facility that has not been marked.

4. The excavator encounters an underground facility that has been incorrectly marked or marked in the wrong location.

E. If a landlord manifests a refusal to respond to an excavator's request in a manner required by this article, an excavator does not violate this article and fulfills the standard of care of a reasonably prudent excavator if the excavator complies with all of the following:

1. The excavator investigates for the presence of visible and obvious evidence that would alert a reasonable excavator to the presence of an unmarked underground facility within the boundaries of the area to be excavated.

2. One working day before conducting the excavation, the excavator notifies, in writing, the one-call notification center or the landlord that the excavator has determined that the acts or omissions of the landlord is a refusal to respond to an excavator's request.

3. The excavator carefully locates all unmarked facilities that are known to exist due to the excavator's investigation performed pursuant to paragraph 1 of this subsection using one of the methods listed in subsection F of this section and carefully marks the facilities with stakes, paint or in some customary manner.

4. The excavator takes measures to control all such located facilities in a careful and prudent manner.

5. The excavator shall not excavate if the excavator receives a response from the one-call notification center or the landlord that notifies or alerts the excavator to the presence of a mistake or an intention by the landlord to respond in a manner that is consistent with this article, even if the response will be untimely. A landlord's delay, failure to respond to a location request, failure to carefully mark or other noncompliance is not excused by the excavator's or landlord's compliance with this subsection.

D. F. Except as otherwise provided in this section, in performing the marking required by subsection B of this section, the underground facilities operator of an underground facility installed after December 31, 1988 in a public street, alley or right‑of‑way dedicated to public use, but not including any express or implied private property utility easement, shall carefully locate the facility by referring to installation records of the facility and utilizing one of the following methods:

1. Vertical line or facility markers.

2. Locator strip or locator wire.

3. Signs or permanent markers.

4. Electronic or magnetic location or tracing techniques.

5. Electronic or magnetic sensors or markers.

6. Metal sensors or sensing techniques.

7. Sonar techniques.

8. Underground electrical or radio transmitters.

9. Manual location techniques, including pot‑holing.

10. Surface extensions of underground facilities.

11. Any other surface or subsurface location technique that is at least as accurate as the other marking methods in this subsection and that is not prohibited by the commission or by federal or state law.

E. G. Except as otherwise provided in this section, for an underground facility other than one installed after December 31, 1988, in a public street, alley or right‑of‑way dedicated to public use, in performing the marking required by subsection B of this section, the underground facilities operator may refer to installation records or other records relating to the facility to assist in locating the facility and shall carefully locate the facility utilizing one of the methods listed under subsection D F of this section.

F. H. If an underground facilities operator is unable to complete the location and marking within the time period provided by subsection B of this section, the facilities operator shall satisfy the requirements of this section by providing prompt notice of these facts to the excavator and assigning one or more representatives to be present on the excavation site at all pertinent times as requested by the excavator to provide facility location services until the facilities have been located and marked. The underground facilities operator shall bear all of its own costs expenses associated with assigning representatives. If representatives are assigned under this subsection, the excavator is not responsible or liable for damage to or repair of the underground facilities operator's underground facility while acting under the direction of an assigned representative of the underground facilities operator, unless the damage or need for repair was caused by the excavator's negligence.

G. I. The marking required by subsection B of this section is valid for fifteen days from the date of the marking, excluding Saturdays, Sundays and other legal holidays. If the excavation will continue past the validity period of the marks as provided by this subsection, the excavator shall notify the underground facilities operator or an organization designated by the underground facilities operator at least two days, excluding Saturdays, Sundays and other legal holidays, before the end of the validity period. All requests for facility markings and requests to extend the validity period of the markings shall be for the purpose of excavating within the validity period of the markings. An excavator that requests facility markings shall limit the request to an area that can reasonably be excavated within the validity period of the markings. A person who violates this subsection is liable to the one‑call notification center and to all affected underground facilities operators for any resulting damages, costs and including economic loss, less expenses saved as a consequence of the violation.

H. J. Nothing in this section shall be construed to prevent an excavator and an underground facilities operator from holding a preconstruction conference regarding marking and location of underground facilities and entering into a mutually agreeable written schedule or written arrangement for satisfying the requirements of this section, except that this subsection does not eliminate the excavator's obligation to notify the underground facilities operator to locate and mark excavation sites under subsection B of this section based on the actual construction schedule.

I. K. For abandoned and apparently abandoned underground facilities:

1. The underground facilities operator shall notify the excavator whether the facility is active or abandoned. An inactive facility shall be considered active for purposes of this subsection. This section does not obligate any person to represent that an underground sewer facility in any public street, alley, right-of-way dedicated to public use or utility easement is abandoned if it was installed on or before December 31, 2005 and it is not owned by an underground facilities operator of a sewer system.

2. For an underground facility abandoned after December 31, 1988 or covered by installation records prepared under section 40‑360.30, subsection A, the underground facilities operator may not advise or represent to the excavator that a facility or portion of a facility is abandoned unless the underground facilities operator has verified, by reference to installation records or by testing, that the facility or portion is actually abandoned and not merely inactive. For all other abandoned or apparently abandoned underground facilities, each one‑call notification center shall establish a method of providing personnel from an underground facilities operator qualified to safely inspect and verify that the facility is abandoned or active. and a method for reimbursing the verifying underground facilities operator for the costs incurred. The reimbursement method may not include any charge or expense to the excavator. For the purposes of this article, an underground facilities operator shall not represent that an underground facility is abandoned unless the facility has been verified as abandoned pursuant to this subsection.

3. For the purposes of this article, if an excavator encounters an apparently abandoned underground facility, the excavator shall not treat the underground facility as abandoned until the excavator has received notification that the underground facility is abandoned pursuant to paragraph 1 of this subsection or has notified the underground facility facilities operator of the apparent abandonment and has received verification of abandonment pursuant to paragraph 2 of this subsection.

4. Each one-call notification center shall establish a method for reimbursing the verifying underground facilities operator for the expenses incurred under paragraph 2 of this subsection. The reimbursement method shall not include any charge or expense to the excavator. A landlord that fails to advise or represent that an underground facility is abandoned pursuant to paragraph 1 of this subsection, whose underground facility is verified as abandoned pursuant to this subsection and who is not a member of a one-call notification center is liable to the one-call notification center and to all affected underground facilities operators and excavators for the cost of verifying abandonment together with any resulting damages, including economic loss, less expenses saved as a consequence of the failure.

J. L. All new and active underground facilities installed in any real property after December 31, 2005 shall be installed with a detectible underground location device unless the facility is capable of being detected from above ground with an electronic locating device. A person who violates this subsection is subject to a civil penalty in an amount not to exceed five thousand dollars. The building official shall administer and enforce this subsection for all underground facilities except those that are installed for a public utility or municipal corporation. Any penalties received by the building official shall be deposited in the municipality's or political subdivision's general fund, as applicable.

K. M. Nothing in this section shall be construed as prohibiting the use of warning tape, warning markers or any other warning device by the underground facilities operator.

L. N. For every underground facilities operator of a sewer system:

1. For the purposes of this article, an underground facilities operator of a sewer system is responsible for locating and carefully marking the underground sewer facilities owned by another person pursuant to subsection B of this section if those underground facilities are installed after December 31, 2005 and are in any public street, alley, right‑of‑way dedicated to public use or utility easement.

2. In performing the marking required by this subsection, the underground facilities operator of the sewer system shall carefully locate the facility by referring to installation records of the facility and by using one of the methods listed in subsection D F of this section.

3. This subsection does not obligate an underground facilities operator of a sewer system to locate and mark the underground sewer facilities owned by another person if the customer receiving sewer service from the underground sewer facility refuses to grant permission to the underground facilities operator of a sewer system to access the real property for the purpose of ascertaining the location of the underground sewer facility in any public street, alley, right-of-way dedicated to public use or easement.

4. This subsection does not obligate an underground facilities operator of a sewer system to maintain, clean or unstop underground sewer facilities owned by another person.

O. For every landlord:

1. For the purposes of this article, each landlord is responsible for carefully marking the underground facilities owned by the landlord or by another person pursuant to subsection B of this section if those underground facilities are in an apartment complex or mobile home park.

2. Paragraph 1 of this subsection does not obligate a landlord to locate and mark an underground facility owned or operated by a public utility or a municipal corporation.

3. In performing the marking required by this subsection for an underground facility installed after December 31, 2006, the landlord shall carefully locate the facility by referring to installation records of the facility and by using one of the methods listed in subsection F of this section. In performing the marking required by this subsection for an underground facility installed before January 1, 2007, the landlord may refer to installation records or other records relating to the facility to assist in locating the facility and shall locate the facility using one of the methods listed in subsection F of this section.

4. Any rule, regulation, lease or agreement that purports to obligate a tenant to perform the landlord's obligations required by this article is against the public policy of this state and is void.

5. This subsection does not obligate a landlord to maintain, clean or unstop underground facilities owned by another person. END_STATUTE

Sec. 3. Section 40-360.23, Arizona Revised Statutes, is amended to read:

START_STATUTE40-360.23. Making excavation in careful, prudent manner; liability for negligence; notice; response; obliteration of marks; representative availability

A. Obtaining information as required by this article does not excuse any person making any excavation from doing so in a careful and prudent manner, nor shall it excuse such persons from liability for any damage or injury resulting from his their negligence.

B. After markings have been made pursuant to section 40‑360.22, an excavator shall notify either the underground facilities operator or an organization designated by the underground facilities operator if the excavator encounters an underground facility that has not been located and marked or has been marked in the wrong location.

C. Unless it would interfere with compliance with commission rules or requirements regarding maintenance or restoration of service and repair of facilities, the underground facilities operator shall immediately respond to a notification under subsection B of this section for emergencies involving injury or damage.

D. An excavator or an underground facilities operator shall not move or obliterate markings made pursuant to section 40‑360.22, subsection B or fabricate markings in an unmarked location for the purpose of concealing or avoiding liability for a violation of or noncompliance with this article.

E. all underground facilities operators, except landlords, in a county having a population of more than seven hundred one thousand persons according to the most recent United States decennial census shall have designated representatives available and on call for excavators who by public works contract specifications or municipal ordinances are required to work in congested locations involving public streets, alleys or rights‑of‑way dedicated to the public use during the night or on weekends. Night and weekend telephone numbers to reach the designated representatives shall be furnished to the excavator in writing within forty‑eight hours after they are requested for a specific location. END_STATUTE

Sec. 4. Section 40-360.25, Arizona Revised Statutes, is amended to read:

START_STATUTE40-360.25. Injunction; mandamus

A. If any person is engaging in excavation in a negligent or unsafe manner which violation of this article and the violation has resulted in or is likely to result in damage to an underground facility or if any person is proposing to use procedures for excavation which in violation of this article that are likely to result in damage to an underground facility, the owner of such facility any affected underground facilities operator may commence an action in the superior court in the county in which the excavation is occurring or is to occur, or in which the person complained of has its principal place of business or resides, for the purpose of having such negligent or unsafe excavation act or omission stopped and prevented, either by mandamus or injunction.

B. If any landlord in violation of this article fails to join a one‑call notification center, fails to sustain the landlord's membership, fails to locate or mark an underground facility in a manner required by this article or fails to prepare and maintain installation records required by this article, any affected underground facilities operator or harmed excavator may commence an action in the superior court in the county in which the facility is situated or in which the person complained of has its principal place of business or resides, for the purpose of having such acts or omissions stopped and prevented, either by mandamus or injunction.

C. If any landlord in violation of this article fails to join a one‑call notification center or fails to sustain the landlord's membership in a manner required by this article, the one-call notification center may commence an action in the superior court of Maricopa county or in the superior court in the county in which the facility is situated or in which the person complained of has its principal place of business or resides, for the purpose of having such acts or omissions stopped and prevented, either by mandamus or injunction.

d. Such persons as the court may deem necessary or proper may be joined as parties.

e. The final judgment in any such action or proceeding shall either dismiss the action or direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the complaint. If the court finds that the person complained of has repeatedly engaged in negligent or unsafe excavation resulting in damage to underground facilities after the effective date of this article, or has knowingly violated this article without just cause, the court shall issue such order and take such equitable action as shall be reasonable and appropriate to prevent continuance by such person of such negligent or unsafe operations act or omission. END_STATUTE

Sec. 5. Section 40-360.26, Arizona Revised Statutes, is amended to read:

START_STATUTE40-360.26. Damage of underground facility; liability to owner; homeowner exemption

A. If any underground facility is damaged by any person in violation of this article as a result of failing to obtain information as to its location, failing to take measures for protection of the facilities or failing to excavate in a careful and prudent manner, the person is liable to the owner of the underground facility for the total cost of the repair of the facility.

B. A homeowner engaging in excavating in an express or implied private property utility easement across property owned by the homeowner is not liable to the owner or operator of the underground facility damaged by the homeowner pursuant to this section if the damaged underground facility is not buried or placed below ground in accordance with the applicable standards, if the underground facility is not located within the easement or if the homeowner engaged in the excavation has complied with section 40‑360.22.

C. Notwithstanding any other provision in this article, no homeowner shall be liable for any costs or expenses, including damage to third parties, resulting from damage to an underground facility owned by the homeowner but located within a public right-of-way if the damage was not caused by the homeowner's actions or by the homeowner's refusal to grant permission to the underground facilities operator of a sewer system to access the real property for the purpose of ascertaining the location of the underground sewer facility. END_STATUTE

Sec. 6. Section 40-360.27, Arizona Revised Statutes, is amended to read:

START_STATUTE40-360.27. Liability for attorney fees; administrative costs and expenses

The prevailing party in an action brought to impose liability under any section of this article or to have any act or omission stopped and prevented, either by mandamus or injunction, pursuant to section 40-360.25 shall be is entitled to recover a reasonable attorney's fee attorney fees. in addition, if the prevailing party is the one-call center, the one-call center is entitled to recover reasonable administrative costs and expenses. END_STATUTE

Sec. 7. Section 40-360.28, Arizona Revised Statutes, is amended to read:

START_STATUTE40-360.28. Civil penalty; liability

A. Except as provided in section 40‑360.22, subsection J L, a person who violates any provision of this article is subject to a civil penalty in an amount not to exceed five thousand dollars to be imposed by the court in favor of the state. Any penalties received by the state shall be deposited in the state general fund.

B. If a violation of this article results in damage to an underground facility, the violator is liable to the owner of the facility all affected underground facilities operators and excavators for all resulting damages to the facilities and all costs and expenses, including damages to third persons and economic loss, incurred by the owner of the facility as a result of the damage violation, less expenses saved as a consequence of the violation.

C. If the underground facilities operator violates this article by failing to locate and mark or by incorrectly locating the underground facility pursuant to this article, the underground facilities operator becomes liable for resulting damages, costs and expenses to the injured party.

C. If a person violates this article by failing to respond in the time period provided by this article or by failing to locate and mark an underground facility in the manner provided by this article, the person is liable to all affected underground facilities operators and excavators for all resulting damages, including damages to third persons and economic loss, incurred as a result of the violation, less expenses saved as a consequence of the violation.

D. A landlord is liable for all damages, including expenses and economic loss, incurred by the excavator as a result of the excavator's performance of all the requirements prescribed in section 40-360.22, subsection E, less expenses saved as a consequence, if the landlord fails to mark an underground facility, the excavator thereafter locates the underground facility pursuant to section 40-360.22, subsection E, paragraph 3 and the excavator thereafter encounters the underground facility.

D. E. This section is not applicable to an excavation made:

1. During an emergency which involves danger to life, health or property if reasonable precautions are taken to protect underground facilities.

2. In agricultural operations or for the purpose of finding or extracting natural resources.

3. With hand tools on property owned or occupied by the person performing the excavation while gardening or tilling such property. END_STATUTE

Sec. 8. Section 40-360.30, Arizona Revised Statutes, is amended to read:

START_STATUTE40-360.30. Installation records of underground facilities

A. Except as otherwise provided in this subsection, for all new underground facilities, excluding service drops and service lines, installed after December 31, 1988 in a public street, alley or right‑of‑way dedicated to the public use, but not including any express or implied private property utility easement, the underground facilities operator shall prepare, or cause to be prepared, and maintain installation records of the underground facility, shall keep such records in its possession and shall refer to such records in locating and marking pursuant to section 40‑360.22, subsection B.

b. For all new sewer facilities installed after December 31, 2005 in any public street, alley, right‑of‑way dedicated to the public use or utility easement, the underground facilities operator of a sewer system shall prepare, or cause to be prepared, and maintain installation records of the underground facility, shall keep such records in its possession and shall refer to such records in locating and marking pursuant to section 40‑360.22, subsection B. To assist the underground facilities operator of a sewer system in preparing and maintaining such records, a certified survey plan of the sewer's location in the public street, alley, right‑of‑way dedicated to public use or utility easement shall be provided to the underground facilities operator of a sewer system by the customer receiving sewer service as a condition to receiving such sewer service.

C. For all new underground facilities that are installed after December 31, 2006 in an apartment complex or mobile home park and that are not owned or operated by a public utility or municipal corporation, the landlord shall prepare and maintain installation records of the underground facilities, shall keep such records in its possession and shall refer to such records in marking pursuant to section 40-360.22, subsection B.

d. Installation records required by this section shall also reflect, if applicable, any field notes or other indications by the installer of the facilities that the installation involved deviations or changes from installation standards, instructions or designs and the correction of any inaccuracies found as a result of locating or marking the underground facilities. Installation records of an underground facility shall indicate if all or a portion of the facility has been abandoned. Installation records required by this section are for the internal use of the underground facilities operator in locating its underground facilities and are not intended to be relied on by others.

B. e. Information contained in installation records relating to the nature and location of underground facilities, but not the installation records themselves, shall be made available within ten working days and on a confidential basis to authorized persons who submit a written request and who are engaged in the design of construction projects involving excavation in a public street, alley, right‑of‑way dedicated to the public use, or utility easement, excluding in any express or implied private property utility easement, or in an apartment complex or mobile home park. The underground facilities operator shall make the same information available to authorized persons who are complying with a requirement imposed by contract providing for construction projects involving excavation in a public street, alley or right‑of‑way dedicated to the public use, but excluding in any express or implied private property utility easement, in any apartment complex or mobile home park or by operation of law, to verify or confirm the nature and location of underground facilities. The underground facilities operator, on consultation with the authorized person, shall determine the appropriate manner and form for providing the information. The underground facilities operator may indicate any portions of the information that are proprietary and require the authorized person to protect proprietary matters. The underground facilities operator, in its sole discretion, may satisfy the requirements of this subsection by allowing an authorized person to inspect or copy the installation records themselves required by this section. The underground facilities operator is not liable to any person for damages arising from any person's inspection of or reliance on the installation records required by this section. The underground facilities operator may provide information relating to the nature and location of underground facilities to an authorized person by another manner for a reasonable fee.

END_STATUTESec. 9. Section 40-360.32, Arizona Revised Statutes, is amended to read:

START_STATUTE40-360.32. One‑call notification center membership; termination

Every underground facilities operator who is obligated to locate and mark underground facilities pursuant to section 40‑360.22, subsection B, shall be a member of a one‑call notification center, either statewide or serving each county in which such entity or person has underground facilities. Each one‑call notification center shall establish a limited basis participation membership option, which may be made available to all members, but which must be made available for any member that is not a landlord serving less than one thousand customers, or any member irrigation or electrical district or any member that is a landlord with less than one thousand dwelling units, mobile homes or a combination of both. An underground facilities operator who elects limited basis participation membership shall provide to the one‑call notification center the location of its underground facilities solely by identifying the incorporated cities and towns, or for unincorporated county areas, by identifying the townships, in which it has facilities. The service level provided to limited basis participation members by the one‑call notification center is limited to providing excavators with the names and telephone numbers the excavators should contact to obtain facilities location. Each one‑call notification center shall establish fair and reasonable fees for limited basis participation members, based on customer count, areas occupied or miles of underground facilities. When any person neglects or refuses to pay fees when due and is in arrears for sixty days, the one‑call notification center may terminate the membership of that person without notice and may have a claim for fees and a separate claim for damages for breach of an ancillary agreement. The one‑call notification center may refuse to reinstate any person’s membership until that person’s fee is paid in full.

Sec. 10. Legislative intent

In this act, it is the intent of the Legislature to set standards of care for the purpose of protecting underground facilities in apartment complexes and mobile home parks from destruction or damage, for promoting the general welfare by preventing death or injury to persons and property in apartment complexes and mobile home parks and for preventing the loss or interruption of essential utility services in apartment complexes and mobile home parks. If a landlord or an excavator complies with the duties set forth in this act in an apartment complex or in a mobile home park, that person is not liable for any death or injury to persons or property or for any economic loss to any person to the extent the conduct is regulated by this article. A person's compliance with this article does not excuse that person from liability for any death or injury to persons or property or for any economic loss to any person to the extent the injury or loss does not arise from the conduct regulated by this article.