Underground Safety and Damage Prevention Legislation introduced in SC

Legislation has been introduced into the SC Senate (Senate Bill 1068) that will amend the state's outdated underground utility safety and damage prevention law. Senate Bill 1068 brings clarity to the law specifying each stakeholder's responsibilities in the call before you dig process, as well as establishing a state authority to oversee the process. In addition, Senate Bill 1068 incorporates Common Ground Alliance (CGA) "Best Practices" into the law providing us with the most effective guidelines to ensure safety. Carolinas AGC staff and members have been instrumental in the identification and establishment of "Best Practices," as well as the CGA.

For those of you who have followed, and/or participated in Carolinas AGC's ongoing efforts to better both South and North Carolinas' underground safety and damage prevention laws this is a long awaited and welcomed event. South Carolina has the oldest and most outdated law in the nation, compromising public and workforce safety, as well as the integrity of vital facilities. It is time to bring it up-to-date. Senate Bill 1068 provides us with an unbiased oversight authority to determine which party is responsible for a damage when one occurs, whether it be an owner/operators' failure to respond to a locate request and/or mark facilities accurately, or an excavator's failure to respect the marks and practice safe digging practices.. As it stands now, excavators are at the mercy of utility owner/operators' legal departments and collection agencies when a damage occurs with no recourse for a fair hearing. Senate Bill1068 holds all stakeholders' feet to the fire, helping ensure public and workforce safety, as well as the integrity of vital facilities.

Federal intervention is imminent if South Carolina does not update its underground utility safety and damage prevention law and program. The USDOT's Pipeline and Hazardous Materials Administration (PHMSA) has been given oversight and enforcement authority by the US Congress in states that do not have an effective underground utility safety and damage prevention enforcement program, and/or a law that contains certain elements specified in federal law as "effective." South Carolina does not meet even the most basic of criteria set forth in federal legislation to avoid federal intervention.

S 1068 and support documents that highlight the sad state of SC's program.

• Senate Bill 1068
• a survey sent out by the USDOT's Pipeline and Hazardous Materials Safety Administration (PHMSA) that CAGC responded to on South Carolina's program
• PHMSA's Considerations for Determining the Adequacy of State Damage Prevention Enforcement Programs document detailing the nine elements of an effective program they will use to determine if a state has an "effective" safety and damage prevention program, or whether it is in need of federal intervention and how South Carolina stacks up
• the original draft of Senate Bill 1068 with CGA Best Practice references
• CGA Best Practices