(A) Operators must maintain an association that will operate a notification center providing for the receipt of notice of excavation or demolition in a defined geographical area. The notification center must be governed by a board of directors composed of operators and damage prevention stakeholders that are members of the association. The by-laws of the association must provide for a board of directors with the following membership:

(1) one representative from each of the six facility members that receive the highest annual notification transmission volumes from the notification center;

(2) one representative of a public water or sewer company;

(3) one representative of an electric cooperative;

(4) one representative of an investor-owned natural gas utility;

(5) one representative of a company that transports hazardous liquids as defined in 49 U.S.C. 60101(a)(4);

(6) one representative of a telephone cooperative;

(7) one representative of a rural water district;

(8) one representative of the South Carolina Association of Municipal Power Systems;

(9) one representative of the South Carolina Association of Counties;

(10) one representative of a company licensed in South Carolina for facility contract locating;

(11) one representative of the South Carolina Department of Transportation;

(12) one representative of a company licensed in South Carolina for construction of roads and highways;

(13) one representative of a company licensed in South Carolina for construction of facilities;

(14) one representative of a company licensed in South Carolina for landscaping or irrigation;

(15) one representative of a company licensed in South Carolina as a general contractor or as a subcontractor in the construction industry;

(16) three representatives employed by different facility operators in South Carolina; and

(17) one representative of a special purpose district providing natural gas.

In choosing members of the association to fill these board positions, the association will solicit nominations from the membership of the association and industry organizations representing entities designated by this subsection. The South Carolina 811 Board of Directors existing on the effective date of this act must elect the board as required by the provisions of this subsection within nine months following the effective date of this act.

(B) All operators are required to join the association and utilize the services of the notification center.

(1) Operators that are members of the existing association on the effective date of this act must remain members.

(2) Operators with more than fifty thousand customers or one thousand miles of facilities who are not members must join the association within one year from the effective date of this act.

(3) Operators with more than twenty-five thousand customers or five hundred miles of facilities, who are not members, must join the association within two years from the effective date of this act.

(4) All operators that do not meet the thresholds described in items (1), (2), or (3) must join the association within three years from the effective date of this act.

(C) There shall be only one notification center for the State of South Carolina.

(D) The association shall provide for a reasonable way of apportioning the cost of operating the notification center among its members.

(E) The notification center shall receive notices from persons with intention of performing excavation or demolition and transmit to the operators the following information:

(1) the name, address, and telephone number of the person providing the notice, and, if different, the excavator completing the proposed excavation or demolition;

(2) the start date of the proposed excavation or demolition;

(3) the anticipated duration of the proposed excavation or demolition;

(4) the type of proposed excavation or demolition to be conducted;

(5) the location of the proposed excavation or demolition; and

(6) whether or not explosives are to be used in the proposed excavation or demolition.

(F) The notification center must maintain a record of the notices received pursuant to subsection (E), and information regarding operators failing to provide a response pursuant to subsection (E), and excavators failing to provide notice pursuant to Section 58-36-60(C). This record must be maintained for at least three years.

(G) The notification center shall receive and transmit notices.

(H) The notification center must have a business continuation plan.

(I) The notification center shall provide a positive response system that must be fully operational within three years from the effective date of this act.

(J) The notification center shall file with the South Carolina Public Service Commission the telephone number and address of the notification center and a list of the names and addresses of each operator that received service from the notification center. This filing must be made no later than April fifteenth of each year.

(K) The notification center shall provide to the Chairman of the House of Representatives Labor, Commerce and Industry Committee and the Chairman of the Senate Judiciary Committee a report regarding the activities and operations of the notification center for the preceding calendar year. This report must include, but is not limited to, the following information:

(1) average speed of answer;

(2) abandoned call rate;

(3) transmit times;

(4) total number of locate requests;

(5) total number of transmissions to operators of locate requests; and

(6) business continuation plan.

This report must be made no later than April fifteenth of each year.

(L) The notification center must establish and operate a damage prevention training program.

HISTORY: 2011 Act No. 48, Section 1, eff June 7, 2012.