2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-107 - Operator associations for mutual receipt of notifications

(a)
Subject to the requirements of subsection (b), operators may form and operate a one-call service providing for mutual receipt of notifications of excavation or demolition operations, pursuant to §
65-31-106
, in a defined geographical area. Any operator that suffers damage as a result of not participating in a one-call service providing for receipt of the notification of excavation or demolition operations in a defined geographic area, pursuant to §
65-31-106
, waives the right to recover damages to the operator's underground utilities from the excavator; provided, that the provisions of this chapter were met by the excavator.
(b)
(1)
All operators are required to join the one-call service and utilize the services of the notification center as follows:
(A)
Operators that are members of the existing one-call service on May 20, 2015, shall remain members;
(B)
Operators with more than fifty thousand (50,000) customers served underground or one thousand (1,000) miles of facilities underground, who are not members, shall join the one-call service no later than January 1, 2016;
(C)
Operators with more than twenty-five thousand (25,000) customers served underground or five hundred (500) miles of facilities underground, who are not members, shall join the one-call service no later than January 1, 2017;
(D)
All operators that do not meet the thresholds described in subdivision (b)(1)(A), (b)(1)(B), or (b)(1)(C) shall join the one-call service no later than January 1, 2018; and
(E)
Failure of an operator as described in this subdivision (b)(1) to join the one-call service and utilize the services of the notification center in accordance with this section is a violation of this chapter and subjects the operator to the penalties described in §
65-31-112
.
(2)
This subsection (b) shall not apply to operators whose total amount of underground facilities constitutes less than twenty percent (20%) of their total utility plant in service.
(c)
There shall be only one (1) one-call service for this state.
(d)
The one-call service shall provide for a proportional method of apportioning the cost of operating the notification center among its members.
(e)
The one-call service shall provide training for those who have violated this chapter, unless otherwise determined by the board.
(f)
The one-call service may collect data concerning notice issues related to excavation projects encompassing more than two thousand feet (2,000') within a contiguous geographical area, or that will take more than ninety (90) days to complete. The one-call service may utilize such data to recommend alternatives to the board that would alleviate the number of repeated additional notices required on such excavation projects by §
65-31-106
.
Amended by 2023 Tenn. Acts, ch. 274, s 5, eff. 4/28/2023.
Amended by 2021 Tenn. Acts, ch. 307, s 3, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 716, Secs.s 2, s 3eff. 4/12/2018.
Amended by 2015 Tenn. Acts, ch. 488, s 3, eff. 5/20/2015.
Acts 1978, ch. 692, § 7; T.C.A., § 65-3207; Acts 1993, ch. 223, §13; 1996, ch. 855, §§ 1-3; 1999, ch. 73, § 3; 2006, ch. 686, § 6.