§ 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 .

Legislative History

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.