Arizona SB 1137: VLT reduction; recreational vehicles

Bill Text

Chapter 0147 - 572R - H Ver of SB1137 

 House Engrossed 
 Senate Bill

 underground 
 facilities; excavations; notification

 State of Arizona

 Senate

 Fifty-seventh Legislature

 Second Regular Session

 2026

 CHAPTER 147

 SENATE BILL 1137

AN 
ACT

amending sections 40-360.21, 40-360.22, 
40-360.23, 40-360.26 and 40-360.28, Arizona revised statutes; 
amending title 40, chapter 2, article 6.3, arizona revised statutes, by adding 
section 40-360.33; relating to underground facilities.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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 community" means any real 
property that has one or more structures and that contains 
five or more dwelling units for rent or lease that are subject to title 33, 
chapter 10. For the purposes of this paragraph, 
"dwelling unit" has the same meaning prescribed in section 33-1310.

3. "Building official" means the agency or 
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.

4. "Careful and prudent manner" means 
conducting an excavation in such a way that when the excavation is less than or 
equal to twenty-four inches from an underground facility that is marked 
with stakes or paint or in some customary manner, the facility is carefully 
exposed with hand tools, and the uncovered facility is supported and protected.

5. "Carefully" means acting with 
reasonable care under the circumstances.

6. "Cross culverts or similar roadway drainage 
facilities" means transverse drainage structures with both ends or 
openings visible including box culverts, drainage pipes or other covered 
structures.

7. "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.

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.

12. 9. "Homeowners' 
association" has the same meaning prescribed in section 33-2001.

9. 10. "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.

10. 11. "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.

11. 12. "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.

13. "Interactive positive 
response system" means an electronic internet-based platform that is 
administered by a one-call notification center and that enables 
excavators and underground facilities operators to exchange, record and verify 
responses and locate status updates and other required communications.

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

15. "Large project":

(a) means an 
excavation activity that meets either of the following 
criteria:

(i) The overall 
project length exceeds one mile of linear excavation or a polygon with an area 
of a quarter square mile or more. 

(ii) The 
project duration is expected to exceed ninety calendar days.

(b) Does not 
include the on-site development of a new residential or commercial project on a 
previously undeveloped parcel of land. 

16. "Large project 
notification" means a notice that is filed with a one-call 
notification center for a large project.

14. 17. "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.

15. 18. "Locator 
wire" me