North Carolina HB 247: Underground Safety Revisions.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2025-21
HOUSE BILL 247

*H247-v-5*
AN ACT TO UPDATE THE UNDERGROUND UTILITY SAFETY AND DAMAGE
PREVENTION ACT.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 87-117 reads as rewritten:
"§ 87-117. Definitions.
The following definitions apply in this Article:
...
(15) Nonmechanized equipment. – Hand tools.tools and soft dig technologies.
...
(20) Positive response. – An automated information system that allows excavators,
locators, operators, and other interested parties to determine the status of a
locate request.
(20a) Soft dig technologies. – An excavation method that uses air or water pressure
to break up soil and remove it with vacuum extraction.
(21) Subaqueous. – A facility that is under a body of water, including rivers,
streams, lakes, waterways, swamps, and bogs.
(22) Tolerance zone. – If the diameter of the facility is known, the horizontal
distance of one-half of the known diameter plus 24 inches on either side of the
designated center line or, if the diameter of the facility is not marked, 24 inches
on either side of the outside edge of the mark indicating a facility or, for
subaqueous facilities, a clearance of 15 feet on either side of the indicated
facility.
...."
SECTION 2. G.S. 87-121 reads as rewritten:
"§ 87-121. Facility operator responsibilities.
(a) An operator shall provide to the excavator the following:
(1) The horizontal location and description of all of the operator's facilities in the
area where the proposed excavation or demolition is to occur. The location
shall be marked by stakes, soluble paint, flags, or any combination thereof, as
appropriate, depending upon the conditions in the area of the proposed
excavation or demolition. The operator shall, when marking as provided under
this subdivision, use the APWA Uniform Color Code. Where practical,
painted surface marks should be of adequate length to distinguish from dots.
If the diameter or width of the facility is greater than four inches, the
dimension of the facility shall be indicated at least every 50 feet in the area of
the proposed excavation or demolition. An operator who operates multiple
facilities in the area of the proposed excavation or demolition shall locate each
facility.
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Page 2 Session Law 2025-21 House Bill 247
(b) Unless otherwise provided in a written agreement between the operator and the
excavator, including an electronically transmitted written agreement, the operator shall provide
to the excavator the information required by subsection (a) of this section within the times
provided below:
(1) For a facility, within three full working days after the day notice of the
proposed excavation or demolition was provided to the Notification
Center.prior to the work start date provided by the excavator.
(2) For a subaqueous facility, within 10 full working days after the day notice of
the proposed excavation or demolition was provided to the Notification
Center.
(3) If the operator declares an extraordinary circumstance, the times provided in
this subsection shall not apply.
(4) For an emergency request, an initial contact with the excavator shall be made
within three hours.
(5) For a request of an unmarked facility required by G.S. 87-122(c)(6), the
operator shall arrange for the facility to be marked within three hours from the
time the additional notice is received by the Notification Center.
...."
SECTION 3. G.S. 87-122 reads as rewritten:
"§ 87-122. Excavator responsibilities.
(a) Before commencing any excavation or demolition operation, the person responsible
for the excavation or demolition shall provide or cause to be provided notice to the Notification
Center of his or her intent to excavate or demolish. Notice for any excavation or demolition that
does not involve a subaqueous facility must be given within three to 12 full no less than three
full working days before the proposed commencement date of the excavation or demolition.
Notice for any excavation or demolition in the vicinity of a subaqueous facility must be given
within no less than 10 to 20 full working days before the proposed commencement date of the
excavation or demolition. Notice given pursuant to this subsection shall expire 15 full working
28 calendar days after the date notice was given. work start date. No excavation or demolition
may continue after this 15-day 28-day period unless the person responsible for the excavation or
demolition provides a subsequent notice which shall be provided in the same manner as the
original notice required by this subsection. When demolition of a building is proposed, the
operator shall be given a reasonable time in which to remove or protect the operator's facilities
before the demolition commences.
(b) The notice required by subsection (a) of this section shall, at a minimum, contain all
of the following:
(1) The name, address, and telephone number of the person providing the notice.
(2) The anticipated starting date of