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West VirginiaHB 44642026 Regular SessionHouseWALLET

Relating generally to Underground Facilities Damage prevention

Sponsored By: Jonathan Kyle (Republican)

Signed by Governor

§24C-1-2§24C-1-2A§24C-1-3§24C-1-9

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 1 costs, 3 mixed.

Stiffer penalties for digging without notice

Before you dig, you must notify the one-call system. First violation: you must complete board-approved training. Second violation within five years: training or up to $500 per incident, or both. Third or later within five years: up to $2,500 per incident. Gross negligence or willful misconduct: training and up to $5,000 per incident. If you fail to notify, you can be ordered to stop work until you comply. You must pay the cost of any training you are ordered to take.

New damage prevention board with enforcement

The law creates a 10‑member Underground Facilities Damage Prevention Board, appointed by the Governor for four-year terms. The board can investigate damage, order training, assess penalties, and place liens for unpaid penalties. It consults with the Public Service Commission and must send the PSC electronic copies of investigation and enforcement reports at least once a year. The board keeps all civil penalties it collects and is not funded by state budget appropriations. If a citation is not paid or training not done in 30 days, a hearing officer holds a county-level hearing, and appeals go to the intermediate court of appeals within 30 days.

Operators must join one-call and mark fast

Every operator of underground lines must join the local one-call system. Members must give their name, facility locations, office address, and phone, and update changes in writing within 180 days. After a notice, operators have 48 hours to act, not counting weekends and state or federal holidays. The 48 hours starts at 12:00 a.m. the day after receipt. They must mark the line’s type and location within two feet using the color code, or tell the excavator no lines are present. Both sides may waive the 48-hour rule if they agree in writing or electronically.

Limits on operator recovery after line damage

If an operator required to be in one-call fails to follow the law, the excavator may proceed, and the operator cannot recover costs for damage caused by that failure. The operator can still recover if the damage was due to the excavator’s willful or intentional act. If the operator responded on time but could not locate nonmetallic lines without a locating wire or marker, recovery may still be available under common law.

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Sponsors & Cosponsors

Sponsor

  • Jonathan Kyle

    Republican • House

Cosponsors

  • Tristan Leavitt

    Republican • House

  • David McCormick

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 77 • No: 51

Senate vote • 3/9/2026

Passed Senate (Roll No. 373)

Yes: 26 • No: 8

House vote • 2/17/2026

Passed House (Roll No. 103)

Yes: 51 • No: 43

Actions Timeline

  1. Approved by Governor 4/1/2026

    4/1/2026House

  2. Approved by Governor 4/1/2026 - Senate Journal

    3/14/2026Senate

  3. Approved by Governor 4/1/2026 - House Journal

    3/14/2026House

  4. To Governor 3/10/2026 - Senate Journal

    3/10/2026Senate

  5. To Governor 3/10/2026

    3/10/2026House

  6. On 3rd reading

    3/9/2026Senate

  7. Read 3rd time

    3/9/2026Senate

  8. Passed Senate (Roll No. 373)

    3/9/2026Senate

  9. Communicated to House

    3/9/2026Senate

  10. Completed legislative action

    3/9/2026Senate

  11. House received Senate message

    3/9/2026House

  12. On 2nd reading

    3/6/2026Senate

  13. Read 2nd time

    3/6/2026Senate

  14. On 1st reading

    3/5/2026Senate

  15. Read 1st time

    3/5/2026Senate

  16. Reported do pass

    3/4/2026Senate

  17. Introduced in Senate

    2/19/2026Senate

  18. To Government Organization

    2/19/2026Senate

  19. To Government Organization

    2/19/2026Senate

  20. On 3rd reading, Special Calendar

    2/17/2026House

  21. Read 3rd time

    2/17/2026House

  22. Passed House (Roll No. 103)

    2/17/2026House

  23. Communicated to Senate

    2/17/2026House

  24. On 2nd reading, Special Calendar

    2/16/2026House

  25. Read 2nd time

    2/16/2026House

Bill Text

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