The 2026 Legislative session for Alabama is underway early this year. Two bills have been introduced in both the House and the Senate. House Bill 298 and Senate Bill 95 both address the extension of the 811 membership requirement for underground facility owners to 10 years. The current membership requirement is set to sunset in January 2027. House Bill 322 and Senate Bill 205 address operational and damage prevention improvements. The following are the highlights of those changes:
NEW DEFINITIONS:
Approximate Location of Underground Facilities – to clarify that approximate location does not include a defined depth of the facility.
Complex or Large Projects – to define information in a new section related to the process to address the need for better communication, excavation and locating practices related to large or complex projects.
Excavate or Excavation – including hand digging and dredging in the definition. Enforcement actions have illustrated damages related to hand-digging activities which currently are not included in the definition of excavation. Additionally, hand tools, nationally, are the third leading cause of damages to underground facilities.
Hand Digging – to address excavation activities conducted with hand tools, which may result in damage to underground facilities. Include exemptions for property owner, facility owner activities on their own facilities, and use of hand tools to locate facilities in response to locate request notification.
Routine Roadway Maintenance – includes revision to allow for contracted work for routine roadway maintenance.
Working Agreements – to define working agreement as outlined in complex or large project process.
37.15.4 – NOTICE OF INTENT TO EXCAVATE OR DEMOLISH
(e) Delete original (e) addressed extensive or contiguous excavation projects to be replaced by new section 37.15.4.2 to address complex and large projects process.
37.15.4.1 DESIGN AND SURVEY LOCATE REQUESTS
(4) Allows for complex and large project process to be used in survey/design projects for planning purposes.
37.15.4.2 COMPLEX OR LARGE PROJECT PROCESS
New section for the complex or large project process guidelines. This would require a “project” notification with a minimum 5 working day notice to establish a complex/large project planning meeting prior to the start of any excavation activities meeting the definition of complex or large project. At that meeting, the scope of the project, the timing of excavation, and a marking timeline schedule will be discussed and agreed upon.
37.15.6 RESPONSE TO NOTICE OF INTENT TO EXCAVATE OR DEMOLISH
(e) Allows excavator to begin work prior to the expiration of notice period if all facilities have used the positive response and have given a marked or cleared response.
Removes old implementation date of positive response requirement.
(f) Requires that if, after the expiration of notice of excavation and all facilities have provided a completion or cleared response, there is an indication of an unmarked facility, the excavator must call in a second notice to the 811 center. The excavator can begin work after giving notice while exercising reasonable care and avoiding the facility observed.
37.15.8 PRECAUTION TO AVOID DAMAGE
(3) When crossing the facility within the tolerance zone, the requirement to use reasonable care to ascertain the depth of the underground utilities below the surface of the ground to minimize potential damage.
37.15.9 EXCAVATION OR DEMOLITION DAMAGE
(c) Change date for annual damage reporting to be flexible to meet national reporting deadline.
(d) Eliminate liability of damages of a permitted facility during performance of routine roadway maintenance if it is not in accordance with the permitted requirements of the installation.
37.15.10 CIVIL PENALTIES AND ENFORCEMENT
(e) Allows for grants to be acquired and used as part of the underground damage prevention fund. Edits allowance regarding use of excess funds.
(k) Allocation of funds to be deposited into the established Underground Damage Prevention Fund.
37.15.10.01 ENFORCEMENT AUTHORITY
(b) Allows for the damage prevention authority to contract with a third party to administer the underground damage prevention enforcement program.
37.15.10.2 ENFORCEMENT PROCESS
(i) Adds that both the complainant and the alleged violator may attend the appeal hearing. Current wording only required the complainant. This potentially restricted the hearing of the appeal of the alleged violator if the complainant did not attend.
Downloadable version of the bills can be obtained via the State legislative website https://alison.legislature.state.al.us/.