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HB 247

An Act amending Title 26 (Eminent Domain) of the Pennsylvania Consolidated Statutes, in procedure to condemn, further providing for notice to condemnee; and, in procedure for determining damages, further providing for appointment of viewers and for service of notice of view and hearing.

2025-2026 Regular Session Introduced by Scott Barger and 3 co-sponsors

Updates to NC underground safety law clarify duties, timing, and marking—reducing strikes with soft-dig tech and tighter response and area rules.

Referred to Intergovernmental Affairs & Operations
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Bill Summary · HB 247

HB 247 — Underground Safety Revisions (Session Law 2025‑21)

Status: Ratified and signed by the Governor (Ch. SL 2025‑21), June 26, 2025
Primary focus: Amend the Underground Utility Safety and Damage Prevention Act (North Carolina 8‑1‑1 law)

Purpose / Intent

Update and clarify duties, timelines, terminology, and safe‑dig practices under the State’s underground utility damage‑prevention system to reduce strikes and improve coordination between excavators and facility operators — including modernizing definitions to reflect “soft‑dig” technologies and automated status responses.

Key provisions / substantive changes

  • Definitions

    • Adds/clarifies terms including “soft dig technologies” (air or water pressure plus vacuum extraction), “positive response” (automated system status of locate requests), and revises “tolerance zone” (half known diameter +24" either side; if unknown, 24" from outside edge; subaqueous facilities: 15' each side).
    • Expands “nonmechanized equipment” to include hand tools and soft‑dig technologies.

  • Facility operator marking & identity

    • Operators must mark horizontal location/description of their facilities using APWA color code; if facility diameter >4", indicate dimensions at least every 50 feet.
    • Operator identity must be marked in the work area (at start point, end point, and at 200‑foot intervals).

  • Timing / response obligations

    • Standard locate timeframe: operator must provide required information within three full working days before the excavator’s stated start date (subaqueous: within 10 full working days).
    • Emergency requests: initial contact within three hours.
    • For requests for previously unmarked facilities (per statute), operator must arrange marking within three hours of additional notice.

  • Excavator notices & area limits

    • Excavator must notify the Notification Center at least three (non‑subaqueous) or ten (subaqueous) full working days prior to start (up to specified maximum windows remain).
    • “Area of locate” limited to the area excavator reasonably expects to complete within 28 calendar days from the work start date; geographic limits (single parcel or up to five adjoining parcels, not to exceed 1/4 mile linear length).

  • Safe excavation practices & equipment limits

    • Excavators may not use mechanized equipment within the 24‑inch tolerance zone around certain pipeline, gas transmission, or electric transmission facilities unless operator consents in writing and an operator representative is onsite.
    • Within tolerance zones excavators must use safe practices (hand digging, potholing, or soft‑dig methods where appropriate).

  • Exemptions

    • Clarifies exemptions (e.g., certain single‑family owner excavations, agricultural tilling <12" depth, specified survey/repair tasks with nonmechanized equipment).

Who is affected

  • Excavators and contractors (construction, utilities, landscapers)
  • Facility operators and locators (utilities, telecoms, pipeline companies)
  • 8‑1‑1 Notification Center and positive‑response systems
  • Property owners (limited, via certain exemptions)
  • Local permitting/inspection authorities insofar as coordination is affected

Practical impact and considerations

  • Safety: tighter timelines, clearer tolerance rules, and formal recognition of soft‑dig methods should reduce strikes and clarify responsibilities.
  • Operational: operators may need to adjust marking practices (identity markings, dimension labeling), staffing/availability for faster responses, and update procedures to support three‑hour emergency/unmarked requests.
  • Costs: potential incremental administrative and field marking costs for operators; excavators may need to alter workflows to comply with new area/notice rules.
  • Implementation: stakeholders should update training, internal policies, and 8‑1‑1 workflows to reflect new definitions, response windows, and marking standards.

For implementation planning, utilities, contractors, and 8‑1‑1 administrators should review internal procedures and update operational protocols and training materials to align with the law.

Compiled from official sources — confirm details with the bill’s official record.

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