HB 1247

                                                          Introduced Version
           HOUSE BILL No. 1247
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-1-26-18.
Synopsis: Underground utility facilities. Amends Indiana's 811 law,
which requires the location and marking of underground utility
facilities (facilities) before planned excavation or demolition projects,
to provide that if the operator of a facility (operator) fails to: (1)
provide to the person responsible for an excavation or demolition
(excavator) required information as to the location of the operator's
facilities; or (2) provide to the association known as the Indiana
Underground Plant Protection Service (association) an electronic
positive response indicating that the operator either has provided the
required notice to the excavator or has no facilities in the location of
the proposed project; within the time specified in the law, the excavator
may engage the services of a third party utility locator (locator) to
determine whether the operator has underground facilities in the
location of the proposed project and, if applicable, provide the marking
information for those facilities. Provides that an excavator that elects
to engage the services of a locator must: (1) select a locator that is
authorized by the operator to act on the operator's behalf; and (2) notify
the association of the locator's completion of the services for which the
locator was engaged, along with the amount paid by the excavator to
the locator for those services. Requires the operator on whose behalf
the services were performed to submit to the excavator payment in an
amount equal to three times the amount paid by the excavator for the
services. Provides that not later than June 1, 2026, each operator
subject to the 811 law must provide to the association a notice that
                       (Continued next page)
Effective: Upon passage.
             Pressel, Soliday, Culp
January 5, 2026, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
2026  IN 1247—LS 6897/DI 101
Digest Continued
authorizes one or more locators to act on the operator's behalf for
purposes of these provisions. Provides that upon receiving the required
notices, the association shall compile a listing of the authorized
locators for each operator. Provides that after June 30, 2026, upon
receiving a notice of a planned project, the association shall
immediately provide the listing to the person that submitted the notice.
Requires the association to develop and adopt policies and procedures
to implement these provisions.
2026  IN 1247—LS 6897/DI 101
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1247
     A BILL FOR AN ACT to amend the Indiana Code concerning
 utilities.
     Be it enacted by the General Assembly of the State of Indiana:
1     SECTION 1. IC 8-1-26-18, AS AMENDED BY P.L.53-2024,
2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 18. (a) Subject to subsection (m), an operator
4 to which the association provides a notice of intent under section 16 of
5 this chapter shall comply with subsection (b) not later than:
6(1) 7 a.m. prevailing time on the next working day that follows the
7elapse of two (2) full working days after the operator receives the
8notice of intent; or
9(2) the starting date and time of the excavation or demolition
10stated in the notice of intent;
11 whichever is later.
12     (b) Subject to subsection (m), an operator to which the association
13 provides a notice of intent under section 16 of this chapter shall do the
14 following:
15(1) Supply to the person responsible for the excavation or
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1demolition the following information:
2(A) The approximate location and a description of all the
3operator's underground facilities that may be damaged as a
4result of the excavation or demolition.
5(B) The location and description of all facility markers
6indicating the approximate location of the underground
7facilities.
8(C) Any other information that would assist that person in
9locating and avoiding damage to the underground facilities,
10including providing adequate temporary markings indicating
11the approximate location of the underground facility and
12locations where permanent facility markers do not exist.
13(2) Provide to the association an electronic positive response.
14    (c) An operator that receives a notice of intent under section 16 of
15 this chapter and that has underground facilities in the location of the
16 proposed excavation or demolition shall provide an electronic positive
17 response to the association, in the manner prescribed by the
18 association, when the operator has provided the marking information
19 required by this chapter. The association shall provide an operator's
20 electronic positive response under this subsection to the person
21 responsible for the excavation or demolition.
22    (d) An operator to which the association provides notice under
23 section 16.5 of this chapter of preliminary engineering studies or
24 construction planning activities shall, not later than 7 a.m. prevailing
25 time on the next working day that follows the elapse of ten (10) full
26 working days after the operator receives the notice, do the following:
27(1) Do one (1) or more of the following, in accordance with
28section 16.5(e) of this chapter:
29(A) Provide to the person serving the design information
30notice the approximate location and a description of all the
31operator's underground facilities that are located in the project
32area that will be affected by the proposed excavation or
33demolition.
34(B) Allow:
35(i) the person serving the design information notice; or
36(ii) another authorized person;
37to inspect, at a location that is acceptable to the operator,
38drawings or other records for all of the operator's underground
39facilities within the project area that will be affected by the
40proposed excavation or demolition.
41(C) Designate with temporary facility markers the location of
42all of the operator's underground facilities within the project
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1area that will be affected by the proposed excavation or
2demolition, as identified in the design information notice.
3(2) Using maps when appropriate, provide to the person serving
4the design information notice the location and a description of all
5facility markers indicating the approximate location of the
6underground facilities, if applicable.
7(3) Using maps when appropriate, provide to the person serving
8the design information notice any other information that would
9assist a person in locating the underground facilities during the
10engineering studies or construction planning activities.
11(4) Provide an electronic positive response to the association.
12     (e) Facility locate markings must consist of paint, flags, or stakes or
13 any combination that mark the approximate location of the
14 underground facilities. The method of marking must be appropriate for
15 the location of the underground facilities.
16     (f) Color coding of facility locate markings indicating the type of
17 underground facility must conform to the following color coding:
18     Facility and Type of Product  Specific Group
19Identifying Color
20    (1) Electric power distribution
21and transmission  Safety red
22    (2) Municipal electric systems  Safety red
23    (3) Gas distribution and
24transmission  High visibility
25safety yellow
26    (4) Oil distribution and
27transmission  High visibility
28safety yellow
29    (5) Dangerous materials, product
30lines, steam lines  High visibility
31safety yellow
32    (6) Communications service
33systems  Safety alert orange
34    (7) Cable television  Safety alert orange
35    (8) Police and fire
36communications  Safety alert orange
37    (9) Water systems  Safety precaution blue
38  (10) Sewer systems  Safety green
39  (11) Proposed excavation  White
40     (g) An operator to which the association provides a notice of intent
41 under section 16 of this chapter and that has no underground facilities
42 in the location of the proposed excavation or demolition shall, not later
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1 than:
2(1) 7 a.m. prevailing time on the next working day that follows the
3elapse of two (2) full working days after the operator receives the
4notice of intent; or
5(2) the starting date and time of the excavation or demolition
6stated in the notice of intent;
7 whichever is later, provide an electronic positive response to the
8 association indicating that the operator has no underground facilities
9 in the location of the proposed excavation or demolition. The
10 association shall provide the operator's electronic positive response to
11 the person responsible for the excavation or demolition.
12    (h) An operator to which the association provides notice under
13 section 16.5 of this chapter of preliminary engineering studies or
14 construction planning activities and that has no underground facilities
15 located in the project area that will be affected by the proposed
16 excavation or demolition shall, not later than 7 a.m. prevailing time on
17 the next working day that follows the elapse of ten (10) full working
18 days after the operator receives the notice, provide an electronic
19 positive response to the association indicating that the operator has no
20 underground facilities located in the project area that will be affected
21 by the proposed excavation or demolition. The association shall
22 provide the operator's electronic positive response to the person that
23 served the design information notice.
24    (i) This section does not apply to an operator making an emergency
25 repair to its own underground facility.
26    (j) This subsection applies if all of the following occur:
27(1) An operator of a pipeline facility is required to supply
28information, including facility locate markings, under subsection
29(b) to a person responsible for an excavation or demolition.
30(2) The operator of the pipeline facility fails to supply the:
31(A) information, including facility locate markings, under
32subsection (b) to a person responsible for an excavation or
33demolition; or
34(B) electronic positive response to the association under
35subsection (c).
36(3) The operator's pipeline facility is damaged during the
37excavation or demolition for which the operator was required to
38supply the information described in subdivision (1).
39 The operator of the pipeline facility may be subject to a civil penalty in
40 an amount recommended by the advisory committee and approved by
41 the commission, not to exceed one thousand dollars ($1,000).
42    (k) Subsection (j) does not apply to an operator that:
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1(1) is repairing its own underground facilities; or
2(2) fails to supply required information or provide facility locate
3markings due to factors beyond the control of the operator.
4     (l) A person that knowingly moves, removes, damages, or otherwise
5 alters a facility locate marking supplied under this section may be
6 subject to a civil penalty in an amount recommended by the advisory
7 committee and approved by the commission, not to exceed ten
8 thousand dollars ($10,000). This subsection does not apply to a person
9 that moves, removes, damages, or otherwise alters a facility locate
10 marking as part of the excavation or demolition for which the facility
11 locate markings were supplied.
12     (m) If an operator receives, under section 16 of this chapter, notice
13 of an excavation or demolition and determines that the operator is
14 unable to do either or both of the following, the operator shall notify
15 the person responsible for the excavation or demolition of the
16 operator's determination and shall provide additional information and,
17 if requested, onsite assistance to the person responsible for the
18 excavation or demolition:
19(1) Locate and mark the operator's affected underground facilities
20in the time required by subsection (a).
21(2) Mark the approximate location of the operator's affected
22underground facilities.
23 Upon receiving a notice under this subsection, the person
24 responsible for the excavation or demolition may engage the
25 services of a third party utility locator in the manner set forth in
26 subsection (p).
27     (n) A person responsible for an excavation or demolition shall,
28 before commencing the excavation or demolition, provide an
29 affirmative response to the association, in the manner prescribed by the
30 association, acknowledging the person's receipt of the information
31 provided under subsections (c) and (g).
32     (o) An operator to which the association provides notice under
33 section 16 or 16.5 of this chapter shall provide to the association an
34 electronic positive response:
35(1) in the manner prescribed by the association; and
36(2) including relevant codes detailing work status;
37 acknowledging the operator's resolution of the notice. The association
38 shall promptly provide the operator's electronic positive response to the
39 person that served the notice under section 16 or 16.5 of this chapter.
40     (p) If an operator that receives a notice of intent under section
41 16 of this chapter after June 30, 2026, fails to:
42(1) provide the person responsible for the excavation or
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1demolition the information required under subsection (b)(1)
2within the time prescribed by subsection (a);
3(2) provide the association an electronic positive response
4under subsection (c);
5(3) provide the association an electronic positive response
6under subsection (g) within the time prescribed by subsection
7(g), if applicable; or
8(4) provide the person responsible for the excavation or
9demolition the notice required under subsection (m), if
10applicable;
11 the person responsible for the excavation or demolition may
12 engage the services of a third party utility locator to determine
13 whether the operator has underground facilities in the location of
14 the proposed excavation or demolition and, if applicable, provide
15 the marking information required by this chapter. If the person
16 responsible for the excavation or demolition elects to engage the
17 services of a third party utility locator under this subsection, the
18 person must select a third party utility locator that is authorized by
19 the operator under subsection (r) for that purpose.
20    (q) Upon a third party utility locator's completion of the
21 services for which the third party utility locator was engaged under
22 subsection (p), the person responsible for the excavation or
23 demolition shall provide an electronic positive response to the
24 association, in the manner prescribed by the association, of:
25(1) the third party utility locator's completion of the services;
26and
27(2) the amount paid by the person to the third party utility
28locator for the services.
29 The association may require the third party utility locator or the
30 person responsible for the excavation or demolition to provide an
31 invoice or other documentation verifying the amount set forth in
32 subdivision (2). The association shall provide an electronic positive
33 response submitted under this subsection to the operator on whose
34 behalf the services were performed under subsection (p). Upon
35 receipt of the electronic positive response from the association, the
36 operator shall submit, in the manner and within the time
37 prescribed by the association, payment in an amount equal to three
38 (3) times the amount set forth in subdivision (2) to the person
39 responsible for the excavation or demolition.
40    (r) Not later than June 1, 2026, each operator subject to this
41 chapter shall provide to the association a notice, in the manner
42 prescribed by the association, that authorizes one (1) or more third
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1 party utility locators to provide the services described in subsection
2 (p) on the operator's behalf. Upon receiving the notices required by
3 this subsection, the association shall compile a listing of the
4 authorized third party utility locators for each operator subject to
5 this chapter. After June 30, 2026, upon receiving a notice of intent
6 under section 16 of this chapter, the association shall immediately
7 provide, in a manner determined by the association, the listing to
8 the person that submitted the notice of intent. The association shall
9 require each operator subject to this chapter to periodically update
10 or verify, according to a schedule and in a manner prescribed by
11 the association, the operator's authorized third party utility
12 locators under this subsection. The association shall develop and
13 adopt policies and procedures for:
14(1) accepting, processing, compiling, and updating the
15authorizations required by this subsection;
16(2) verifying the amounts and satisfaction of payments under
17subsection (q); and
18(3) providing the listing required by this subsection to persons
19submitting notices of intent under section 16 of this chapter.
20    SECTION 2. An emergency is declared for this act.
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