The Committee on Judiciary proposes the following amendment (SJ-3571.MF0003S):

Amend the bill, as and if amended, SECTION 1, by striking Section 58-36-20(4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), and (29) and inserting:

 (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 include directional, horizontal, and vertical, well drilling,driving, grading, marine construction, partial- and full- depth patching, piling, plowing-in, pulling-in, ripping, scraping, soft digging, spudding, staking, trenching, and tunneling.
 (B) "Excavate" or "excavation" shall not include:
  (1) activity by the owner of a single-family residential property on their own land when the excavation:
   (a) does not encroach on any operator's known right-of-way, easement, or permitted use;
   (b) is performed with nonmechanized equipment; and
   (c) is less than twelve inches in depth;
  (2) tilling or plowing of soil when less than twelve inches in depth for agricultural purposes;
  (3) activity by an operator or an agent of an operator with nonmechanized equipment for the following purposes:
   (a) locating for a valid notification request; or
   (b) for the minor repair, connecting, or routine maintenance of an existing facility;
  (4) road and right-of-way maintenance activities limited to resurfacing, milling, or emergency replacement of signs critical for maintaining safety.
 (10)(11) "Excavator" means any entity or person engaged in excavation or demolition.
 (11)(12) "Extraordinary circumstances" means circumstances which make it impractical or impossible for the operator to comply with the provisions of this chapter. Extraordinary circumstances may include hurricanes, tornadoes, floods, ice, snow, and acts of God.
 (12)(13) "Facility" means any underground line, underground system, or underground infrastructure used for producing, storing, conveying, transmitting, or distributing communication, electricity, gas, petroleum, petroleum products, hazardous liquids, potable and non-potable water, steam, or sewerage. Provided there is no encroachment on any operator's right-of-way, easement, or permitted use and for purposes of this actchapter, the following are not considered as an underground "facility": petroleum storage systems subject to regulation pursuant to Chapter 2, Title 44; septic tanks as regulated by Chapter 55, Title 44; swimming pools and irrigation systems. For purposes of this actchapter, and provided there is no encroachment on any operator's right-of-way, easement, or permitted use, liquefied petroleum gas "systems" as defined in Section 40-82-20(8) do not constitute an underground "facility" unless such a system is subject to Title 49 C.F.R. Part 192.
 (13)(14) "Large project" means excavation or demolition that:
  (a) involves more work to locate underground facilities than can reasonably be completed within the requirements of Section 58-36-70;
  (b) is reasonably expected to take more than ninety days to complete; and
  (c) is either a:
   (i) highway infrastructure project that is:
    (A) greater than one mile measured linearly or encompasses more than a two-square-mile polygon; and
    (B) proposed for areas in which existing underground facilities are located;
   (ii) a development project that is located in areas in which existing underground facilities are located; or
   (iii) utility infrastructure project that is:
    (A) greater than one mile measured linearly or encompasses a two-square-mile polygon; and
    (B) proposed for areas in which existing underground facilities are located.
 (14)(15) "Large project facility location agreement" means an agreement between the excavators, locators, and facility owners involved in a large project that meets the requirements in Section 58-36-75.
 (13)(15) (16)"Locator" means a person that identifies and marks facilities for operators.
 (14)(16)(17) "Mechanized equipment" means equipment operated by means of mechanical power, including, but not limited to, trenchers, bulldozers, power shovels, augers, backhoes, scrapers, drills, cable and pipe plows, and other equipment used for plowing-in or pulling-in cable or pipe.
 (15)(17)(18) "Non-mechanized equipment" means hand tools.
 (18)(19) "Notice" means the provision by an excavator of information to the notification center as required by Section 58-36-60(A).
 (16)(19)(20) "Notification center" means an entity that administers a system through which a person can notify operators of proposed excavations or demolitions.
 (17)(20)(21) "Operator" means any person, public utility, communications and cable service provider, provider of interactive fiber, municipality, electrical utility, electric and telephone cooperatives, and the South Carolina Public Service Authority as defined in Titles 5, 6, 33, and 58, Code of Laws of South Carolina, 1976 of the S.C. Code of Laws, who owns or operates a facility for commercial purposes in the State of South Carolina. The term "operator" includes entities that own, maintain, or operate a facility that is used to provide utility service to third parties for commercial or multi-family residential purposes, even where no separate charge is imposed for such utility service.
 (18)(21)(22) "Person" means any individual, owner, corporation, partnership, association, or any other entity organized under the laws of any state; any subdivision or instrumentality of a state; and any authorized representative thereof.
 (19)(22)(23) "Positive response" means an automated information system that allows excavators, locators, operators, and other interested parties to determine the status of a locate request until excavation or demolition is complete.
 (23)(24) "Pre-marking" means identifying the proposed excavation or demolition site by using APWA uniform color code rules for the proposed excavation. This includes, but is not limited to, utilization of white paint, flags, whiskers, stakes, digital or virtual drawings, prints, and other elements identifying the proposed excavation visually. If the locate notice indicates the existence of pre-marks, the location of those marks must be described on the notice.
 (24)(25) "Private facility" is a facility owned and operated by a person or entity that is not an operator.
 (25)(26) "Project initiator" means the person or entity that causes a large project to be initiated. The project initiator for large projects for highway infrastructure shall be the South Carolina Department of Transportation; the project initiator for large projects for development shall be the development owner; and the project initiator for a utility infrastructure project shall be the utility infrastructure project owner.
 (26)(27) "Soft digging" means any excavation using tools or equipment that utilizes air or water pressure as the direct means to break up soil or earth for removal by vacuum excavation.
 (20)(27)(28) "Subaqueous" means a facility that is under a body of water, including rivers, streams, lakes, waterways, swamps, and bogs.
 (21)(28)(29) "Tolerance zone" means:
  (a) if the diameter of the facility is known, the distance of one-half of the known diameter plus twenty-four inches on either side of the designated center line;
  (b) if the diameter of the facility is not marked, twenty-four inches on either side of the outside edge of the mark indicating a facility; or
  (c) for subaqueous facilities, a clearance of fifteen feet on either side of the indicated facility.
 (22)(29)(30) "Working day" means every day, except Saturday, Sunday, and legal holidays as defined by South Carolina law.

Amend the bill further, SECTION 1, by striking Section 58-36-60(A)(1) and inserting:

(1) Before commencing any excavation or demolition, the person responsible for the excavation or demolition shall provide, or cause to be provided,excavator must provide timely notice to the notification center of his intent to excavate or demolish. Notice for any excavation or demolition that does not involve a subaqueous facility must be given within three to twelveforty-five full working days, not including the day upon which notice is given, 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 made within ten to twenty full working days, not including the day upon which notice is given, before the proposed commencement date of the excavation or demolition.

Amend the bill further, SECTION 1, by striking Section 58-36-60(B) and inserting:

 (B) Notice given pursuant to subsection (A) shall expire within fifteen working days after the date and time for commencement of work as provided in theof notice. No excavation or demolition may continue after this fifteen-day period unless the person responsible for the excavation or demolition provides a subsequent notice using the same method as provided in pursuant to subsection (A). This subsequent notice only extends the commencement date and does not require operators to re-mark facilities unless otherwise required pursuant to subsection (F)(E)(8)(7). Excavation or demolition may not commence prior to the commencement date provided in the notice required in this section.

Amend the bill further, SECTION 1, by striking Section 58-36-60(C)(5) and inserting:

  (5) the location of the proposed excavation or demolition, not to exceed one-quarter mile in geographical length, or five adjoining addresses, whichever is less; and

Amend the bill further, SECTION 1, by striking Section 58-36-60(E) and inserting:

 (E) For projects that do not meet the requirements of large projects as defined in Section 58-36-20(14), a notice must not cover an area greater than one linear mile. Notice for projects less than one linear mile but greater than one quarter mile must be reduced to sections not greater than one quarter mile or five adjoining addresses, whichever is less, for purposes of transmitting notice to operators. Notice for projects that do qualify as large projects must be provided as required by Section 58-36-75.
 (E)(F) An excavator must comply with the following:
  (1) When the excavation site cannot be clearly and adequately identified within the area described in the notice, the excavator must designate the route, specific area to be excavated, or both, by pre-marking before the operator performs a locate. Premarking must be made with white paint, flags, or stakes.
  (2) Check the notification center's positive response system prior to excavating or demolishing to ensure that all operators have responded and that all facilities that may be affected by the proposed excavation or demolition have been marked.
  (3) Plan the excavation or demolition to avoid damage to or minimize interference with facilities in and near the construction area.
  (4) Excavation or demolition may begin commence prior to the specified commencement date provided in the notice required in this section waiting period if the excavator has confirmed that all operators responded with an appropriate positive response.
  (5) If an operator declares extraordinary circumstances, the excavator must not excavate or demolish until after the time and date that the operator provided in its response.
  (6)(a) An operator's failure to respond to the positive response system does not prohibit the excavator from proceeding, provided there are no visible indications of a facility, such as a pole where an aerial facility transitions to underground, marker, pedestal, or valve at the proposed excavation or demolition site. However, if the excavator is aware of or observes indications of an unmarked facility, the excavator must not begin excavation or demolition until an additional callnotice is madeprovided to the notification center detailing the facility, and an arrangement is made for the facility to be marked by the operator within three hours from the time the additional callnotice is received by the notification center.
   (b) If the three-hour notice is made pursuant to item (a) and an operator failed to give a positive response within the timeframe required in this section and the excavator has fully complied with this section, the excavator shall not be deemed liable for any damages to an underground facility that would have been located if the operator had complied with its duties as an operator. This item shall not apply to any underground facility used to transport gas or hazardous liquid subject to the federal pipeline safety laws.
  (7) Beginning on the date provided in the excavator's notice to the notification center, the excavator shall preserve the staking, marking, or other designation until no longer required. When a mark is no longer visible, but the work continues in the vicinity of the facility, the excavator must request a re-mark from the notification center to ensure the protection of the facility.
  (8) The excavator shall notify the notification center's positive response system when the excavation or demolition is complete.
  (9) An excavator may not perform any excavation or demolition within the tolerance zone, including work done in the tolerance zone below or above an existing facility, unless the following conditions are met:
   (a) no use of mechanized equipment, except non-invasivesoft digging equipment specifically designed or intended to protect the integrity of the facility, within the marked tolerance zone of an existing facility until:
    (i) the excavator has visually identified the precise location of the facility, or has visually confirmed that no facility is present up to the depth of excavation; and
    (ii) reasonable precautions are taken to avoid any substantial weakening of the facility's structural or lateral support, or both, or penetration or destruction of the facilities or their protective coatings.
  Mechanical means may be used, as necessary, for initial penetration and removal of pavement or other materials requiring use of mechanical means of excavation and then only to the depth of the pavement or other materials. For parallel type excavations within the tolerance zone, the existing facility shall be visually identified at intervals not to exceed fifty feet along the line of excavation to avoid damages. When excavation involves crossing an existing marked facility, the excavator must visually verify minimum clearance of the tolerance zone above or below the existing facility using appropriate methods, such as hand digging or soft digging techniques to visually identify and protect existing facilities where the excavation crossing occurs. The excavator shall exercise due care at all times to protect the facilities when exposing these facilities;
   (b) maintain clearance between a facility and the cutting edge or point of any mechanized equipment, taking into account the known limit of control of such cutting edge or point, as may be reasonably necessary to avoid damage to such facility; and
   (c) provide support for facilities in and near the excavation or demolition area, including backfill operations, as may be reasonably required by the operator for the protection of such facilities.

Amend the bill further, SECTION 1, by striking Section 58-36-70(B) and inserting:

 (B) The information in subsection (A) must be provided to the excavator prior to the commencement date provided in the notice or within:
  (1) three full working days, not including the day the notice was made, for a facility after notice of the proposed excavation or demolition to the notification center;
  (2) ten full working days, not including the day the notice was made, for a subaqueous facility after notice of the proposed excavation or demolition to the notification center; or
  (3) as otherwise provided by written agreement by between the excavator and the operator or designated representative of the operator.
 These time lines timelines do not apply in the event the operator declares an extraordinary circumstance, pursuant to subsection (F) below, or for a large project in which these timelines are modified in a large project facility location agreement.

Amend the bill further, SECTION 1, by striking Section 58-36-120(A) and inserting:

  (6) An employee of the notification center who participated in the investigation of the complaint as provided in Sections 58-36-120(A)(1) and 58-36-50(L) may be called to testify in a proceeding brought to impose penalties pursuant to this section. However, that person may not testify to settlement discussions that would be protected by Rule 408 of the S.C. Rules of Evidence.
  (7) Upon the finding by the court of a violation of this chapter, the court shall award the person bringing such action under this section reasonable attorney's fees and costs.

Amend the bill further, SECTION 2, by striking Section 58-36-75(A), (B), (C), (D), (E), (F), and (G) and inserting:

 (A) All project initiators and affected operators, excavators, and locators must comply with the provisions of this section for large projects.
 (B) Notwithstanding the notice timelines provided in Section 58-36-60, the project initiator or designee for a large project must provide notice to the notification center at least thirty days prior to the commencement of the large project.
 (B)(C) Within three days from receipt of a notice of a large project, the notification center must provide:
  (1) a list of all operators of facilities in the large project area to the project initiator or its designee; and
  (2) notice to all of the operators of the proposed large project.
 (C)(D) Within fifteen days of the notification of the proposed large project, the project initiator or its designee must provide notice through the notification center of a planning meeting of all affected facility operators, locators, and excavators known by the project initiator or its designee to be involved in any excavation or demolition work on the large project.
 (D)(1)(E)(1) At the planning meeting, the project initiator or its designee must provide:
   (a) an overview of the proposed large project;
   (b) contact information for the project initiator and, if applicable, the project initiator's designee for the initial planning meeting; however, after the initial planning meeting, the contact information for each excavator, locator, facility operator, and their respective agents, involved in the proposed large project must be updated in a timely manner;
   (c) expected timelines for the work to be concluded, including descriptions of phases if appropriate; and
   (d) a proposed large project facility location agreement which must include, but not be limited to, proposed timelines of notices of excavation, marking of facilities, and positive responses to notices.
  (2) The project initiator or its designee and all excavators, locators, and facility operators involved in the large project must negotiate in good faith to reach an agreement on notice and response procedures that will be reasonable for all entities involved in the large project. A large project facility location agreement must include provisions to address the notice and response requirements in Section 58-36-60(A), (B), (C), and (E) and Section 58-36-70(B), (D), (E), and (F); these provisions must meet or exceed the standards in these subsections to protect underground facilities.
 (E)(F) All large project facility location agreements must be submitted to the notification center by the project initiator or its designee. The notification center shall be responsible for maintaining records of these agreements and must provide copies of these agreements, upon request, to any of the excavators, locators, facility operators, or any of their respective agents of subcontractors identified on the notification sheet.
 (F)(G) All excavators, locators, and facility operators that comply with the provision of a large project facility location agreement are relieved of the notice, pre-marking, marking, and response requirements in Section 58-36-60(A), (B), (C), and (E) and Section 58-36-70(B), (D), (E), and (F).
 (G) (H) In the event any excavator, locator, or facility operator is unable or unwilling to attend the planning meeting or meetings conducted pursuant to this section, that excavator, locator, or operator must comply with the notice and location requirements agreed to in the large project facility location agreement that is a result of the meeting or meetings required under this section.involved in a large project either refuses or fails to enter into a large project facility location agreement pursuant to this section, that excavator, locator, or facility operator must comply with all provisions of Sections 58-36-60 and 58-36-70.
 (I) The notification center must make available to any such excavator, locator or operator a copy of the large project facility location agreement. Nothing in this section will prevent such excavator, locator, or operator from requesting adjustments to the agreement and nothing will prevent the parties to such agreement from agreeing to the requested adjustments. Any such modifications to the large project facility location agreement must be submitted by the project initiator to the notification center and maintained by it as part of its responsibilities pursuant to Section 58-36-50(L)(2) and (3).

Renumber sections to conform.

Amend title to conform.