Page 9 - Tennessee 811 Magazine 2021 Issue 3

The Latest Updates to Tennessee’s Dig Law
Tennessee’s “Dig Law” is officially known as the Underground Utility Damage Prevention Act (UUDPA). We view the UUDPA as a living document and we’re constantly looking to identify parts of the law that can be improved to better protect underground utilities and to make the 811 process more effective. Our legislative efforts were cut short in 2020, but the amendment successfully passed this year thanks to the hard work of President Bill Turner, our lobbyist Pat Miller, the Tennessee Public Utility Commission, and our partner associations in the industry.
Read on for highlights of this year’s changes. We’re happy to provide this summary as a quick reference, but we’ve also provided the section number from the Tennessee Code Annotated so you can dive deeper into the details as needed.
Charging for a Locate Request (TCA 65-31-108)
The service provided by Tennessee 811 was always intended to be free
for excavators, but it’s important to recognize that the cost of locating and marking buried lines is significant
for utility operators. The updated legislation clarifies that utilities can build the cost of locating into their normal ratemaking procedures, but that they cannot charge an excavator or property owner directly for a request submitted through 811.
Damage Notice (TCA 65-31-111)
Arguably the biggest takeaway from this year’s update is the new damage notice. It’s important to note that it’s just a notice of damage and not a locate request that requires utility response. You’ll find more information about
the damage notice on page 12, but
we’re excited to have this new tool for collecting damage data that can be used to target education and outreach efforts while evaluating the overall success of damage prevention efforts in Tennessee.
Damage Prevention Fund (TCA 65-31- 117)
Allows the enforcement board to use collected funds from monetary penalties to help small utilities (less than 5,000 customers) become compliant with
the law by joining the one-call service. Also allows the enforcement board
to establish a process for providing grants from the same fund for public awareness efforts, including educational programs or materials.
Executive Committee Terms (TCA 65-31-114)
The terms served by the members of the enforcement board who are elected to the smaller executive committee
are adjusted to prevent them from all rolling off at once. This is an effort
to prevent unnecessary impacts on
the efficiency of the group and the continuation of knowledge.
Legalese
Some minor corrections were included that clean up wording and references in the law without changing meaning, like the replacement of the word “fines” with the phrase “monetary penalties”, because fines apply to criminal offenses whereas the UUDPA has a civil penalty structure.
Penalty Increases (TCA 65-31-112)
When an individual is found in violation of the UUDPA, their first offense results in mandatory safety
By Craig Ingram
Public Awareness Manager Tennessee811
training. For a subsequent offense, monetary penalties can also apply, and the maximums have now gone
up from $2,500 to $10,000. The maximum penalty for violations that are the result of gross negligence or willful noncompliance increased from $5,000 to $15,000. This year’s update also clarifies that utility operators found in violation for not belonging to the one-call service skip the training requirement and are only subject to monetary penalties.
Reasonable Care (TCA 65-31-108)
The law requires excavators to use reasonable care when working in the tolerance zone near a utility marking, but the concept of reasonable
care can leave a lot of room for interpretation, so the law now recommends hand digging where practical. The important thing to
note is that hand digging is not the only activity that counts as using reasonable care – you can still use soft digging techniques like vacuum excavation or another method that is approved by the utility operator. Non-invasive tools are not required for removal of concrete or pavement.
White Paint (TCA 65-31-106)
The UUDPA already requires excavators to mark their site of proposed excavation with white stakes or paint, but this year’s update allows the enforcement board to set guidelines for pre-marking or white lining in the same way that the enforcement board can establish guidelines for the markings used to indicate underground utilities.
You can find the full text of the UUDPA on tn.gov or through a quick Google search of “TCA 65-31-101”.
2021, Issue 3 Tennessee811 • 7