Page 10 - Arkansas 811

The Change in the 2 Working Days and Positive Response Will Be Effective May 18, 2023
Please see below for some of the changes to the Arkansas Underground Facilities Damage Prevention Act that were made in the 2023 Legislative Session. We encourage you to go to our website (www.arkansas811.com) to view the entire bill.
Six new definitions were added/amended:
• “Contract locator” means a person contracted by an operator specifically to determine the approximate location of underground facilities that may exist within the area specified by a notification issued by the One Call Center.
• “Excavate” was amended to specify dredging as an excavation activity.
• “Excavator” means a person that engages in demolition or excavation.
• “Extraordinary circumstances” means floods, snow, ice storms, tornadoes, earthquakes, or other natural disasters, or cybersecurity events involving the One Call Center’s system or the operator’s system.
• “Infrastructure project” means a telecommunication, fiber network, gas, water, sewer, or power and electric buildout that focuses on the development and placement of extensive underground facilities to support services provided by the facilities.
• “Mechanized equipment” does not include specialized equipment that is specifically designed to excavate without damaging underground facilities, including without limitation equipment that excavates using pressurized water or air coupled with a vacuum system.
Legislative Changes:
• Actions to enforce or recover penalties shall now be brought by the Attorney General, the county prosecutor, or the city attorney. Any person who violates the damage prevention act may be required to undergo training in underground facilities damage prevention according to a training program developed and administered by the One Call Center.
• For a first violation of the Underground Facilities Damage Prevention Act, causing damage, in a twelve-month period the person shall be ordered to undergo training provided by the One Call Center. For a second violation in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to five thousand dollars for each violation; and for three or more violations
8 • Arkansas 811 Magazine 2023, Issue 2