Amends TCA Title 65, Chapter 28 and Title 65, Chapter 31.

ON APRIL 12, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 952, AS AMENDED. AMENDMENT #1 rewrites this bill to make changes to the Underground Utility Damage Prevention Act, as described below. NOTICE OF INTENT TO EXCAVATE OR DEMOLISH Present law requires the person responsible for an excavation or demolition to designate the location of the proposed area of excavation or demolition by marking the area with “safety white” color-coded stakes or white paint, unless certain criteria conditions exist. This amendment revises this provision to allow electronic white lining as an additional option for marking the area. "Electronic white lining" means the application of a visual indicator to a digital or virtual map marking the boundaries of the area of proposed excavation or the area of ongoing excavation. This amendment also adds that the notice requirements in law do not apply to a property owner utilizing non-mechanized tools or equipment on their own property, or the use of non-mechanized tools or equipment by or on behalf of a member operator to a depth not greater than 12 inches for locating, repairing, connecting, protecting, or routine maintenance of the member operator's underground facilities. OPERATOR ASSOCIATIONS FOR MUTUAL RECEIPT OF NOTIFICATIONS This amendment authorizes the one-call service to collect data concerning notice issues related to excavation projects encompassing more than 2,000 feet within a contiguous geographical area, or that will take more than 90 days to complete. This amendment also authorizes the one-call service to utilize such data to recommend alternatives to the board that would alleviate the number of repeated additional notices required on such excavation projects. DEFINITIONS FOR "EXCAVATE" AND "EXCAVATION" This amendment revises the definition of "excavate" and "excavation," for purposes of the Underground Utility Damage Prevention Act, to include an operation for the purpose of the movement, placement, or removal of earth, rock, or other materials in or on the ground by use of hand digging. This amendment defines "hand digging" as any movement, placement, or removal of earth, rock, or other materials in or on the ground by use of non-mechanized tools or equipment, including, but not limited to, shovels, picks, post hole diggers, vacuum excavation, or soft digging. However, the term does not include a property owner utilizing non-mechanized tools or equipment on their own property, or the use of non-mechanized tools or equipment by or on behalf of a member operator to a depth not greater than 12 inches for locating, repairing, connecting, protecting, or routine maintenance of the member operator's underground facilities. ON APRIL 13, 2023, THE HOUSE SUBSTITUTED SENATE BILL 952 FOR HOUSE BILL 802, ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 952, AS AMENDED. AMENDMENT #1 is substantively the same as Senate Amendment #1 with grammatical clarifications.