SB 206

                                                              Introduced Version
           SENATE BILL No. 206
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-1-26-1.
Synopsis: Protection of underground facilities. Provides that the
following are exempt from the law governing demolitions and
excavations in the area of underground facilities: (1) Excavation that
is performed: (A) only with a hand tool; (B) by a communications
service provider; and (C) to a depth not greater than 12 inches; for the
purpose of connecting a communications service customer's home or
business to the communications service provider's own
communications network. (2) Excavation performed using only high
pressure air. (3) Excavation performed solely by: (A) injecting water
into soil; and (B) removing the resulting mixture of soil and water with
a vacuum.
Effective: July 1, 2026.
                                 Byrne
   January 8, 2026, read first time and referred to Committee on Utilities.
2026  IN 206—LS 6455/DI 119
                                                                                       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.
                   SENATE BILL No. 206
     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 8-1-26-1, AS AMENDED BY P.L.62-2009,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 1. (a) Except as provided by this section, this
4 chapter does not apply to the following:
5      (1) Excavation that is performed:
6(A) only with a hand tool;
7(B) on property owned or controlled by the person performing
8the excavation; and
9(C) to a depth not greater than twelve (12) inches.
10      (2) Excavation using only animals.
11      (3) Tilling of soil for agricultural purposes, such as plowing,
12      planting, and combining.
13      (4) Surface coal mining and reclamation operations conducted
14      under a permit issued by the natural resources commission under
15      IC 14-34.
16      (5) Railroad right-of-way maintenance or operations.
17      (6) Underground probing to determine the extent of gas
 2026  IN 206—LS 6455/DI 119
                                    2
1migration.
2(7) Excavation that is performed:
3(A) only with a hand tool;
4(B) by a communications service provider; and
5(C) to a depth not greater than twelve (12) inches;
6for the purpose of connecting a communications service
7customer's home or business to the communications service
8provider's own communications network.
9(8) Excavation performed using only a directed stream of high
10pressure air.
11(9) Excavation performed solely by:
12(A) injecting water into soil to create a mixture of water
13and soil; and
14(B) removing the mixture of water and soil using a
15vacuum.
16    (b) This chapter does apply to blasting, setting drainage tile,
17 subsoiling, and other subsurface activities.
18    (c) Sections 16, 19, 20, and 22 of this chapter apply to the
19 construction and installation of railroad signal facilities and drainage
20 facilities at public grade crossings.
 2026  IN 206—LS 6455/DI 119