Tennessee § 65-31-107 Operator associations for mutual receipt of notifications

Tennessee Statutes

§ 65-31-107 — Operator associations for mutual receipt of notifications

Tennessee § 65-31-107

Title65

This text of Tennessee § 65-31-107 (Operator associations for mutual receipt of notifications) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 65-31-107 (2026).

Text

(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

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(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.