South Carolina H 3571: Underground Facility Damage Prevention

Bill Text

2025-2026 Bill 3571 Text of Previous Version (May. 07, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3571

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter 
Stricken

Indicates New Matter

As Passed By The Senate

May 6, 2025

H. 3571

Introduced by Reps. Hiott, Guffey, J. L. Johnson, 
Pedalino, Neese and B. Newton 

S. Printed 5/6/25--S. [SEC 
5/7/2025 1:44 PM]

Read the first time March 4, 2025

________

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY AMENDING SECTION 58-36-20, RELATING TO DEFINITIONS, SO 
AS TO ADD DEFINITIONS FOR "LARGE PROJECT," "NOTICE," "PRE-MARKING," "PRIVATE 
FACILITY," "PROJECT INITIATOR," AND "SOFT DIGGING" AND TO AMEND THE DEFINITIONS 
OF "EXCAVATE," "EXCAVATOR," AND "OPERATOR"; BY AMENDING SECTION 58-36-50, 
RELATING TO THE OPERATORS ASSOCIATION NOTIFICATION CENTER, SO AS TO CLARIFY 
OPERATOR PENALTY FOR FAILURE TO BE A MEMBER OF THE ASSOCIATION, THE 
NOTIFICATION CENTER'S DUTIES, AND OTHER CHANGES; BY AMENDING SECTION 58-36-60, 
RELATING TO THE NOTICE OF INTENT TO EXCAVATE OR DEMOLISH, SO AS TO PROVIDE 
ADDITIONAL TIME FOR NOTICE FOR CERTAIN EXCAVATIONS OR DEMOLITIONS AND OTHER 
CHANGES; BY AMENDING SECTION 58-36-70, RELATING TO INFORMATION SUPPLIED BY 
OPERATORS, SO AS TO REQUIRE QUARTERLY REPORTS OF DAMAGE CAUSED BY AN EXCAVATION 
OR DEMOLITION AND TO CLARIFY PAYMENT OF A CIVIL PENALTY IN CERTAIN 
CIRCUMSTANCES; BY AMENDING SECTION 58-36-80, RELATING TO EMERGENCY EXCAVATIONS 
OR DEMOLITIONS EXEMPT FROM NOTICE REQUIREMENTS AND LIABILITY FOR DAMAGES, SO AS 
ESTABLISH ADDITIONAL NOTIFICATION AND RESPONSE REQUIREMENTS IN THE EVENT OF AN 
EMERGENCY AND TO MAKE A FALSE CLAIM OF AN EMERGENCY A VIOLATION OF THIS CHAPTER; 
BY AMENDING SECTION 58-36-90, RELATING TO NOTICE OF DAMAGES, SO AS TO REQUIRE 
AN EXCAVATOR TO IMMEDIATELY REPORT ANY KNOWN DAMAGE TO THE NOTIFICATION CENTER 
AND FACILITY OPERATOR; BY AMENDING SECTION 58-36-100, RELATING TO DESIGN 
REQUESTS AND OPERATOR RESPONSE, SO AS TO ADD A REFERENCE TO LARGE PROJECTS; BY 
AMENDING SECTION 58-36-110, RELATING TO EXEMPTION FROM NOTICE REQUIREMENTS, SO 
AS TO STRIKE CURRENT PROVISIONS; BY AMENDING SECTION 58-36-120, RELATING TO 
PENALTIES AND CIVIL REMEDIES, SO AS TO PROVIDE FOR A COMPLAINT PROCESS THROUGH 
THE ATTORNEY GENERAL'S OFFICE AND TO PROVIDE FOR PENALTIES; AND BY ADDING 
SECTION 58-36-75, SO AS TO PROVIDE A PROCESS FOR LARGE PROJECTS.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Sections 58-36-20 through 58-36-120 of the S.C. Code 
are amended to read:

 Section 
58-36-20. For purposes of this chapter, the 
following words and terms are defined as follows:

 (1) 
"APWA" means the American Public Works Association or successor organization or 
entity.

 (2) 
"Association" means a group of operators, or their representatives, formed for 
the purpose of operating a notification center.

 (3) 
"Business continuation plan" means a plan that includes actions to be taken in 
an effort to provide uninterrupted service during catastrophic events.

 (4) "Commencement date" means the date that an excavator provides to 
the notification center of the excavator's intent to begin the excavation or 
demolition for which notice is being given;

 (5) "Damage" means the 
substantial weakening of structural or lateral support of a facility, 
penetration or destruction of protective coating, housing, or other protective 
device of a facility and the partial or complete severance of a facility.

 (5)(6) "Demolish" or "demolition" means any operation by 
which a structure or mass of material is wrecked, razed, rendered, moved, or 
removed by means of any tools, equipment, or discharge of explosives.

 (6)(7) "Designer" means any architect, engineer, or other 
person who prepares or issues a drawing or blueprint for a construction or 
other project that requires excavation or demolition work.

 (7)(8) "Design request" means a communication to the 
notification center in which a request for identifying existing facilities for 
advance planning purposes is made. A design request may not be used for 
excavation purposes.

 (8) (9) "Emergency" means a sudden or unforeseen event 
involving a clear and imminent danger to life, health, or property; the 
interruption of essential existing utility 
services; or the blockage of transportation facilities, including highway, 
rail, water, and air, which require immediate action.

 (9)(10)(A) 
"Excavate" or "excavation" means an operation for the purpose of the displacement, movement, or 
removal of soil, earth, rock, or other materials in 
or on the ground by use of hand digging, mechanized 
equipment or by discharge of explosives. and includingThis includes, but is 
not limited to, augering, blasting, boring, backfilling, 
digging, ditching, drilling to includ