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CS for SB 426 WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 426 By Senators Morris and Hamilton [Reported February 10, 2026, from the Committee on Energy, Industry, and Mining] CS for SB 426 A BILL 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 to preventing damage to underground facilities;
WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Committee Substitute for Senate Bill 426 BYSENATORSMORRIS AHAMILTON [Reported February 13, 2026, from the Committee on Government Organization] CS for CS for SB 426 A BILL 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 to preventing damage to underground facilities;
modifying the time period in which operators must respond to one-call system notifications;
modifying time period in which operators must respond to one-call system notifications;
and providing alternate venue choice for certain administrative hearings.
and allowing mutual waiver of response time.
CS for SB 426 "Emergency" means:
CS for CS for SB 426 "Emergency" means:
2 CS for SB 426 "One-call system" means a communication system that receives notification from excavators of intended excavation work and prepares and transmits such the notification to operators of underground facilities in accordance with this article.
CS for CS for SB 426 "One-call system" means a communication system that receives notification from excavators of intended excavation work and prepares and transmits such the notification to operators of underground facilities in accordance with this article.
3 CS for SB 426 "Work site" means the location of excavation or demolition work as described by an excavator, operator, or any person or persons performing the work.
CS for CS for SB 426 "Work site" means the location of excavation or demolition work as described by an excavator, operator, or any person or persons performing the work.
4 CS for SB 426 (5) The Executive Director of the West Virginia Rural Water Association or its designee;
CS for CS for SB 426 (5) The Executive Director of the West Virginia Rural Water Association or its designee;
5 CS for SB 426 (b) Each member shall provide the following information to the one-call system on forms developed and provided for that purpose by the one-call system:
CS for CS for SB 426 (b) Each member shall provide the following information to the one-call system on forms developed and provided for that purpose by the one-call system:
6 CS for SB 426 (e) Except as provided in subsection (f) of this section, failure of an operator who is required to be a member to comply with the provisions of this article may does not prevent the excavator from proceeding but shall does bar the operator from recovery of any costs associated with damage to its underground facilities resulting from such the failure, except for damage caused by the willful or intentional act of the excavator.
CS for CS for SB 426 (3) Notwithstanding the provisions of subsection (d) of this section, 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.
(e) Except as provided in subsection (f) of this section, failure of an operator who is required to be a member to comply with the provisions of this article may does not prevent the excavator from proceeding but shall does bar the operator from recovery of any costs associated with damage to its underground facilities resulting from such the failure, except for damage caused by the willful or intentional act of the excavator.
and (4) Notwithstanding this section If any violation was the result of gross negligence or willful or wanton misconduct as determined by the board, the board shall require the violator to complete 7 CS for SB 426 a course of training concerning compliance with this article as determined by the board and pay a civil penalty not to exceed $5,000 per incident.
and CS for CS for SB 426 (4) Notwithstanding this section If any violation was the result of gross negligence or willful or wanton misconduct as determined by the board, the board shall require the violator to complete a course of training concerning compliance with this article as determined by the board and pay a civil penalty not to exceed $5,000 per incident.
(1) The hearing shall be held at the time and place set forth in the citation notice of hearing in the county where excavation referenced in the citation occurred, or in Kanawha County, at the board's discretion, unless otherwise agreed to by the person to whom the citation was issued.
(1) The hearing shall be held at the time and place set forth in the citation notice of hearing in the county where excavation referenced in the citation occurred, unless otherwise agreed to by the person to whom the citation was issued.
§29A-5-1 et seq.
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