HB 4464 — Relating generally to Underground Facilities Damage prevention

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED Committee Substitute for House Bill 4464 ByBYDELEGATESK DelegatesYL, Kyle,MCCORMICK,ANDLEAVITT McCormick,[Passed andMarch Leavitt9, [Originating2026; in the Committee on Energy and Public Works;

Reportedin oneffect February90 11,days 2026]from Engpassage (June 7, 2026)] Enr CS for HB 4464 AAN BILLACT to amend and reenact §24C-1-2, §24C-1-2a, §24C-1-3, and §24C-1-9 of the Code of West Virginia, 1931, as amended, relating generally to Underground Facilities Damage prevention.

or 1Enr Eng CS for HB 4464 (2) A condition that requires immediate correction to assure continuity of service provided by or through an underground facility or to assure the safety of the general public and or operator personnel.

2Enr Eng CS for HB 4464 "Person" means any individual, firm, joint venture, partnership, corporation, association, state agency, county, municipality, cooperative association, or joint stock association, and any trustee, receiver, assignee, agency, or personal representative thereof.

3Enr Eng CS for HB 4464 (b) It is the intent of the Legislature that the board and its enforcement activities shall not be funded by appropriations from the state budget.

4Enr Eng CS for HB 4464 (9) One representative from the general public;

and 5Enr Eng CS for HB 4464 (3) The member’s office address and telephone number to which inquiries may be directed as to the locations of the operator’s underground facilities.

(d) Within 48 hours, excluding Saturdays, Sundays, and legal federal or state holidays, after receipt of a After the one-call system receives notification by the one-call system from an excavator of a specific area where excavation or demolition will be performed, the one-call system shall notify the operator operators of underground facilities who shall do the following within 48 hours, excluding Saturdays, Sundays, and legal federal or state holidays (such 48 hour period beginning at 12:00 a.m.

(2) Use The color code prescribed in §24C-1-6 of this code when providing temporary marking of the approximate location of underground facilities;

and or (3) (2) Notify the excavator that the operator did not leave a temporary marking of the location of underground facilities because there are no lines in the area of the proposed excavation or demolition.

(3) Notwithstanding the provisions of §24C-1-3(d) of this code, the 48-hour period for required action may be waived if the excavator and operator mutually agree to an extended response time, which mutual agreement shall be confirmed in writing or by electronic record. record. (e) Failure of an operator who is required to be a member to comply with the provisions of this article may not prevent the excavator from proceeding but shall bar the operator from recovery of any costs associated with damage to its underground facilities resulting from such failure, except for damage caused by the willful or intentional act of the excavator.

6(e) EngFailure CSof foran HBoperator 4464who (f)is Notwithstandingrequired theto provisionsbe of §24C-1-3(e) of this code, a member isto notcomply barredwith fromthe recoveryprovisions under §24C-1-3(e) of this codearticle formay failurenot toprevent complythe withexcavator §24C-1-3(d)(1)from ofproceeding this code, but shall havebar his or her right to recover, if any, determined by common law, if the operator respondedfrom torecovery one-callof notificationany incosts aassociated timelywith manner,damage but was unable to accuratelyits locateunderground linesfacilities becauseresulting from such linesfailure, wereexcept nonmetallicfor anddamage hadcaused noby locatingthe wirewillful or otherintentional marker.act of the excavator.

(f) Notwithstanding the provisions of §24C-1-3(e) of this code, a member is not barred from recovery under §24C-1-3(e) of this code for failure to comply with §24C-1-3(d)(1) of this Enr CS for HB 4464 code, but shall have his or her right to recover, if any, determined by common law, if the operator responded to one-call notification in a timely manner, but was unable to accurately locate lines because such lines were nonmetallic and had no locating wire or other marker.

7 Eng CS for HB 4464 (d) Nothing in this article shall limit any person’s right to pursue any additional civil remedy otherwise allowed by law.

Enr CS for HB 4464 (e)(1) If the person to whom the citation is issued under this section does not pay the citation or submit to training as ordered or both, within 30 days, the board shall appoint a hearing officer to conduct a hearing and issue an initial order pursuant to the State Administrative Procedures Act.

Enr CS for HB 4464 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

...............................................................

Clerk of the House of Delegates ...............................................................

Clerk of the Senate Originated in the House of Delegates.

In effect 90 days from passage.

...............................................................

Speaker of the House of Delegates ...............................................................

President of the Senate __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2026.

.............................................................

Governor 9