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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: RAGE DP 7-0-0-0 | Third Read 21-6-3-0-0 |
SB 1137: underground facilities; excavations; notification
Sponsor: Senator Kavanagh, LD 3
Committee on Natural Resources, Energy & Water
Overview
Modifies requirements for excavators and underground facility operators as they relate to the locating and marking of underground facilities.
History
An 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 includes 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.
An underground facilities operator (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 public utility easement, in any apartment community or mobile home park or pursuant to any express or implied private property easement and excluding a homeowner or homeowner's association that owns a sewer facility in a public street, alley or right-of-way dedicated to public use or public utility easement (A.R.S. § 40-360.21).
Currently, upon receipt of an excavator's inquiry, the Operator is required to respond as promptly as practical, but in no event later than two working days, by carefully marking the underground facility with stakes or paint or in some customary manner. A landlord must respond in the same manner and as promptly as practical, but in no event later than 10 working days. A person cannot begin excavating before the location and marking are complete, or the excavator is notified that marking is unnecessary (A.R.S. § 40-360.22).
Provisions
Excavation Marking
1. Requires an Operator notify the excavator that marking is unnecessary. (Sec. 2)
2. Adopts the interactive positive response system (System), rather than any mutually agreeable method, as the method by which an Operator must notify the excavator that marking is unnecessary. (Sec. 2)
3. Modifies language pertaining to white lining requirements and exceptions. (Sec. 2)
Large Project Coordination
4. Requires an excavator proposing a large project to notify a one-call notification center (Center) not less than 15 business days or 21 calendar days before the proposed start date to schedule a large project coordination meeting (Meeting). (Sec. 2)
5. Outlines the process of initiating, the purpose of conducting and the parties required to participate in a Meeting. (Sec. 2)
6. Directs an excavator requesting a Meeting to provide specified information to the Center. (Sec. 2)
7. Requires, upon receipt of a large project notification from an excavator, that the Operator:
a. confirm their intent to attend the Meeting as soon as possible, but not later than two business days after receiving notification;
b. discuss any potential conflicts related to the underground facilities that may occur within the complete scope of the large project; and
c. determine the resources and expected time frames necessary to complete markings based on the excavators proposed phased plan. (Sec. 2)
8. Outlines the process by which a Meeting may be conducted. (Sec. 2)
9. Outlines determinations that must be made at a Meeting, including:
a. a schedule for marking and excavation for the scope and duration of the large project;
b. the quantity of tickets and the geographic area that the tickets will cover; and
c. the phased plan for ticket creation. (Sec. 2)
10. Stipulates that an Operator must locate and mark the area identified in the phased plan adopted at a Meeting within 15 business days from the date that the excavator notified the Center. (Sec. 2)
Interactive Positive Response System and Marking
11. Requires the Center provide the System. (Sec. 2)
12. Stipulates the System is a tool for communication between the excavator and Operator for matters impacting the large project. (Sec. 2)
13. Stipulates the Operator may have the time frame to locate and mark the area identified in an adopted phased plan extended upon agreement by the excavator in the System. (Sec. 2)
14. Allows the Operator, excavator and local jurisdiction to agree to a phased marking schedule providing for timely and accurate markings of active work areas as submitted by the excavator within the marking request. (Sec. 2)
15. Designates compliance with an agreed phased schedule as compliance with statutory notice and marking requirements. (Sec. 2)
16. Requires any changes to an agreed phased schedule be communicated and agreed to by relevant parties in the System. (Sec. 2)
17. States the Center is responsible for developing a process for Operators, excavators and designers to use the System to administer large project notifications, including:
a. ticket request procedures;
b. coordination meeting standards; and
c. recordkeeping requirements. (Sec. 2)
18. Stipulates that if the excavator, local jurisdiction and Operator do not mutually agree on a marking schedule, the markings must be completed within 15 business days. (Sec. 2)
19. Outlines applicability of the validity period for certain markings. (Sec. 2)
20. Allows an excavator to begin excavation after contacting and receiving all responses from an underground facility owner through the System. (Sec. 3)
21. Requires an Operator enter all locate status information, including marked, no conflict or delayed into the System within the required time period. (Sec. 3)
22. States an Operator's duty to mark is satisfied by compliance with a large project plan as outlined. (Sec. 3)
23. Stipulates that this legislation does not supersede or preempt any municipal regulation relating to excavations. (Sec. 3)
24. States that an excavator complying with an agreed large project schedule using the System is deemed to have satisfied the excavator's duty to request and maintain markings for the portion of the project covered by the schedule. (Sec. 4)
Civil Penalties and Rulemaking
25. Outlines penalties to an Operator for listed violations of this legislation. (Sec. 5)
26. Directs the Commission to:
a. adopt rules to implement this legislation; and
b. establish minimum technical and data security standards for the System. (Sec. 6)
27. Requires the Commission adopt rules to implement this legislation within one year of the law taking effect. (Sec. 7)
Miscellaneous
28. Defines pertinent terms. (Sec. 1)
29. Makes technical and conforming changes. (Sec. 1, 2, 4, 5)
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33. Initials CW/RS SB 1137
34. 3/12/2026 Page 0 Natural Resources, Energy & Water
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