Summary of SB 275 (Session 153, Delaware)
Title
AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE UNDERGROUND UTILITY DAMAGE PREVENTION AND SAFETY ACT
Purpose and Intent
SB 275 seeks to modify Delaware’s underground utility damage prevention and safety framework. While the precise text of the amendments isn’t included in the provided summary, bills with this title typically aim to strengthen safety, clarify responsibilities, adjust penalties, or update procedures related to locating and protecting underground utility lines during excavation and construction activities. The bill is sponsored by Senators Frank Cooke, Nicole Poore, and Claire Snyder-Hall and was reported out of the Elections & Government Affairs Committee with “6 On Its Merits,” indicating committee approval for floor consideration.
Key Provisions (Expected Highlights Based on the Title)
Note: The exact statutory changes are not enumerated in the provided materials. The following outlines represent common components of “Underground Utility Damage Prevention and Safety” reforms and what Delaware bills in this area often address. The final text should be consulted for precise language.
Responsibilities for Excavators and Markers:
- Clarification or expansion of duties for contractors and property owners to notify or locate underground utilities before digging.
- Possible adjustments to the Utility Notification Center (or equivalent 811 system) requirements, response times, and use of registered locate data.
Utility Owner Roles and Protections:
- Specifications for utility operators’ responsibilities to mark, locate, and protect underground facilities.
- Enhanced protections against damage to lines, including enforcement mechanisms for non-compliance.
Pre-Excavation Procedures:
- Revisions to timelines for obtaining locate information.
- Requirements for permits, project planning, or temporary work stoppages to ensure safe digging practices.
Penalties and Enforcement:
- Changes to civil penalties, fines, or injunctive relief for improper damage, failure to timely locate, or unsafe excavating.
- Potential additions of remedial measures or mandatory corrective actions following damage incidents.
Safety Standards and Training:
- Updated safety standards for contractors, subcontractors, and utility workers.
- Possible requirement for training or certification related to excavation, marking of lines, and emergency response.
Governor/Agency Roles and Oversight:
- Clarification of enforcement authority, reporting obligations, and oversight provisions for the appropriate state agency (likely within the Public Service Commission or a comparable regulatory body).
Effective Date and Transition Provisions:
- Effective dates for any newly imposed requirements and readjustment periods for existing projects or ongoing excavations.
Affected Parties
- Excavators and Contractors: Entities performing digging or excavation activities in Delaware.
- Property Owners and Developers: Individuals or firms undertaking construction that involves soil disturbance.
- Utility Owners and Operators: Companies or public utilities with underground infrastructure who are responsible for locating and marking facilities.
- Regulatory/Enforcement Agencies: State authorities tasked with implementing, monitoring, and enforcing underground damage prevention rules.
- Public Safety Stakeholders: Communities and local governments affected by safer excavation practices.
Procedural and Timeline Aspects
- Committee Action: Passed out of the Elections & Government Affairs Committee with six “On Its Merits” votes (April 22, 2026), signaling favorable consideration for floor action.
- Introduction to Committee: The bill was introduced and assigned to the same committee on April 9, 2026.
- Effective Dates: Specific effective dates and transition timelines would be stated in the bill’s text; typical provisions include immediate or staggered implementation for different provisions (e.g., 6–12 months after enactment).
Practical Impact
If enacted, SB 275 could alter how underground utilities are protected during construction, potentially increasing safety and reducing the risk of utility strikes. Areas often affected include pre-construction planning, locate requests, contractor training, and penalties for non-compliance. Stakeholders should review the full bill text to understand exact changes to procedures, penalties, and enforcement timelines.
For a precise understanding, the full bill language should be consulted to identify every amended section of Title 26 and the exact changes to statutory wording, timelines, and enforcement mechanisms.
