CS for SB 426 WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Committee Substitute for Senate Bill 426 ByBYSENATORSMORRIS SenatorsAHAMILTON Morris and Hamilton [Reported February 10,13, 2026, from the Committee on Energy,Government Industry,Organization] andCS Mining]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;
and providingallowing alternatemutual venuewaiver choiceof forresponse certaintime. administrative hearings.
CS for CS for SB 426 "Emergency" means:
2CS 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.
3CS 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.
4CS for CS for SB 426 (5) The Executive Director of the West Virginia Rural Water Association or its designee;
5CS 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:
6CS for CS for SB 426 (e)(3) ExceptNotwithstanding asthe providedprovisions inof subsection (f)(d) of this section, failurethe of48-hour anperiod operatorfor who is required toaction be a member to comply with the provisions of this article may doesbe notwaived preventif the excavator fromand proceeding but shall does bar the operator frommutually recoveryagree of any costs associated with damage to itsan undergroundextended facilitiesresponse resultingtime, fromwhich suchmutual theagreement failure,shall exceptbe forconfirmed damagein causedwriting by the willful or intentionalby actelectronic ofrecord. the excavator.
(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 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 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.
(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.
§29A-5-1 et seq.