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

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

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. All operators are required to join the one-call service and utilize the services of the notification center as follows: Operators that are members of the existing one-call service on May 20, 2015, shall remain members; 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; 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; 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 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 fines and penalties described in § 65-31-112. 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. There shall be only one (1) one-call service for this state. The one-call service shall provide for a proportional method of apportioning the cost of operating the notification center among its members. The one-call service shall provide training for those who have violated this chapter, unless otherwise determined by the board. 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; 2015, ch. 488, § 3; 2018, ch. 716, §§ 2, 3. Amendments. The 2015 amendment substituted “Subject to the requirements of subsection (b), operators” for “Operators” at the beginning of (a), rewrote (b), which read: “(b)(1) Natural gas distribution systems are required to belong to a one-call service formed in a geographical area in which such gas distribution systems operate.“(2) Only one (1) one-call service shall be formed and operated within a defined geographical area.”; and added (c) and (d). The 2018 amendment added (b)(1)(E) and (e). Effective Dates. Acts 2015, ch. 488, § 10. May 20, 2015. Acts 2018, ch. 716, § 11. April 12, 2018.