1. (1)

   1. (a)

      1. (i) Two or more operators may form and operate a statewide association providing for mutual receipt of notice of excavation activities.
      2. (ii) When an association is operational, notice to the association shall be given pursuant to Section 54-8a-4.

   2. (b)

      1. (i) When an association is formed, each operator with an underground facility in the state shall become a member of the association and participate in it to:

         1. (A) receive an excavation notice submitted to the association;
         2. (B) receive the services furnished by it;
         3. (C) pay its share of the cost for the service furnished; and
         4. (D) provide electronic positive response information to the association's electronic positive response system, if the system is utilized by the operator.
      2. (ii) If an operator does not comply with Subsection (1)(b)(i) and Section 54-8a-5, the operator is liable for damages incurred by an excavator who complies with this chapter's requirements.

2. (2) The association's notification center shall:

   1. (a) notify members and participants in the relevant geographic area within 24 hours after receiving an excavation notice;
   2. (b) maintain a record of any notice received for a period of five years to document compliance with the requirements of this chapter; and
   3. (c) implement and operate a statewide electronic positive response system.

3. (3) The association and its notification center shall not be responsible for:

   1. (a) resolving reports of alleged violations of this chapter; or
   2. (b) a failure on the part of an excavator or operator to perform an excavator's or operator's responsibilities under this chapter.
4. (4) An association contacted by a public agency to identify a utility company, in accordance with Section 54-3-29, shall provide the public agency with a list, including contact information to the extent available, of each utility company of which the association is aware that has a utility facility within the area identified by the public agency.

Amended by Chapter 369, 2024 General Session