                                 CODE OF VIRGINIA

OPERATORS TO JOIN NOTIFICATION CENTERS; CERTIFICATION (§ 56-265.16:1)

A. Every operator, including counties, cities and towns, but excluding the
Department of Transportation, having the right to bury underground utility lines
shall join the notification center for the area.

B. Every notification center shall be certified by the Commission. The
Commission shall determine the optimum number of notification centers in the
Commonwealth. If the Commission determines that there shall be more than one
notification center in the Commonwealth, it shall define the geographic area to
be served by each notification center.

C. Any corporation desiring to serve as the notification center for an area of
the Commonwealth may apply to the Commission to be certified as the notification
center for that area. The Commission shall have authority to grant, amend, or
revoke certificates under regulations promulgated relating to certification. An
application for certification shall include such information as the Commission
may reasonably require addressing the applicant&#8217;s operational plan for the
notification center.

D. Every Commission action regarding the optimum number of notification centers,
the geographic area to be served by each notification center, the promulgation
of notification center certification regulations, and the grant, amendment, or
revocation of notification center certifications shall be made in furtherance of
the purpose of preventing or mitigating loss of, or damage to, life, health,
property or essential public services resulting from damage to underground
utility lines. Any action by the Commission to approve or revoke any
notification center certification shall:

   1. Ensure protection for the public from the hazards that this chapter is
   intended to prevent or mitigate;

   2. Ensure that all persons served by the notification center receive an
   acceptable level of performance, which level shall be maintained throughout
   the period of the notification center&#8217;s certification; and

   3. Require the notification center and its agents to demonstrate financial
   responsibility for any damages that may result from their violation of any
   provision of this chapter. Such requirement may be met by purchasing and
   maintaining liability insurance on such terms and in such amount as the
   Commission deems appropriate.

E. A notification center shall maintain a positive response system in accordance
with notification center certification regulations promulgated by the
Commission. The members of a notification center shall be responsible for
developing and implementing a public awareness program to ensure that all
parties affected by this chapter shall be aware of their responsibilities. There
shall be only one notification center certified for each geographic area defined
by the Commission.

HISTORY: 1989, c. 448; 1992, c. 192; 1994, c. 890; 2001, c. 399; 2023, cc. 299,
300.