Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 345 By: Frix
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Underground
7 Facilities Damage Prevention Act; amending 63 O.S.
8 2021, Section 142.2, as last amended by Section 1,
8 Chapter 118, O.S.L. 2024 (63 O.S. Supp. 2024, Section
9 142.2), which relates to definitions; modifying
9 certain definition; updating statutory language;
10 updating statutory references; and providing an
10 effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 63 O.S. 2021, Section 142.2, as
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15 last amended by Section 1, Chapter 118, O.S.L. 2024 (63 O.S. Supp.
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16 2024, Section 142.2), is amended to read as follows:
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17 Section 142.2. As used in the Oklahoma Underground Facilities
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18 Damage Prevention Act:
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19 1. "Certified project" means a project where the public agency
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20 responsible for the public project, in consultation with the
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21 statewide one-call notification center, as part of its procedure,
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22 certifies that the project right-of-way is free and clear of
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23 underground facilities or wherein the public agency responsible for
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24 such project, as part of its procedure, notifies all persons
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Req. No. 1241 Page 1
1 determined by the public agency to have underground facilities
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2 located within the construction right-of-way and certifies that all
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3 known underground facilities are duly located or noted on the
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4 engineering drawings for the project;
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5 2. "Damage" means any impact upon or removal of support from an
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6 underground facility as a result of explosion, excavation, or
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7 demolition which according to the operating practices of the
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8 operator of the underground facilities would necessitate the repair
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9 thereof;
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10 3. "Demolish" means to wreck, raze, render, move, or remove a
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11 structure by means of any equipment or explosive;
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12 4. "Demolition" means the act or operation of demolishing a
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13 structure;
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14 5. "Excavate" means to dig, compress, or remove earth, rock, or
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15 other materials in or on the ground by use of mechanized equipment
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16 or blasting, including, but not necessarily limited to, augering,
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17 boring, backfilling, drilling, grading, pile driving, plowing in,
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18 pulling in, trenching, tunneling, and plowing; provided, however,
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19 that neither:
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20 a. the moving of earth by tools manipulated only by human
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21 or animal power, except in a private or public
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22 easement or right-of-way,
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23 b. the moving of earth by tools manipulated only by human
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24 power for burying communication lines of a
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Req. No. 1241 Page 2
1 communications provider in a private or public
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2 easement or right-of-way when depth is not greater
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3 than twelve (12) inches and within twelve (12) inches
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4 of a communications provider terminal,
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5 c. any form of cultivation for agricultural purposes, nor
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6 any augering, dozing by noncommercial dozer operators,
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7 or digging for postholes, farm ponds, land clearing or
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8 other normal agricultural purposes,
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9 d. routine maintenance,
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10 e. work by a public agency or its contractors on a
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11 preengineered project,
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12 f. work on a certified project,
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13 g. work on a permitted project,
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14 h. the opening of a grave in a cemetery,
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15 i. a solid waste disposal site which is a preengineered
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16 project, nor
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17 j. any individual excavating on his or her own property
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18 and who is not in the excavating business for hire,
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19 except in a private or public easement or right-of-
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20 way,
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21 shall be deemed excavation;
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22 6. "Excavation" means the act or operation of excavating;
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23 7. "Excavator" means a person or public agency that intends to
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24 excavate or demolish within this state;
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Req. No. 1241 Page 3
1 8. "Notification center" means the statewide center currently
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2 known as the Oklahoma One-Call System, Inc., which has as one of its
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3 purposes to receive notification of planned excavation and
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4 demolition in a specified area from excavators, and to disseminate
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5 such notification of planned excavation or demolition to operators
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6 who are members and participants;
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7 9. "Operator" shall mean and include any person or public
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8 agency owning or operating underground facilities;
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9 10. "Permitted project" means a project where a permit for the
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10 work to be performed must be issued by a state or federal agency
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11 and, as a prerequisite to receiving such permit, the applicant must
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12 locate all underground facilities in the area of the work and in the
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13 vicinity of any blasting and notify each owner of such underground
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14 facilities;
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15 11. "Person" includes any individual, partnership, corporation,
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16 association, cooperative, trust, or other entity, including a person
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17 engaged as a contractor by a public agency, but not including a
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18 public agency;
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19 12. "Preengineered project" means a public project wherein the
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20 public agency responsible for such project, as part of its
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21 engineering and contract procedures, holds a meeting prior to the
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22 commencement of any construction work on such project in which all
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23 persons, determined by the public agency, in consultation with the
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24 statewide one-call notification center, to have underground
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Req. No. 1241 Page 4
1 facilities located within the construction area of the project are
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2 invited to attend and given an opportunity to verify or inform the
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3 public agency of the location of their underground facilities, if
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4 any, within the construction area and where the location of all
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5 known underground facilities are duly located or noted on the
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6 engineering drawing and specifications for the project;
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7 13. "Public agency" means the state or, any board, commission,
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8 or agency of the state, or a county of this state;
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9 14. "Routine maintenance" means the grading of roads and barrow
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10 or drainage ditches, the removal and replacement of pavement,
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11 including excavation relating thereto, and the installation and
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12 maintenance of drainage and bridge facilities, signs, guardrails,
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13 and electrical and communications facilities in or on the public
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14 rights-of-way by a public agency;
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15 15. "Underground facility" means any underground line, cable,
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16 facility, system, and appurtenances thereto, for producing, storing,
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17 conveying, transmitting, or distributing communication (including
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18 voice, video, or data information), electricity, power, light, heat,
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19 intrastate and interstate gas pipelines, as described in 49 CFR
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20 C.F.R., Part 192.1, intrastate and interstate hazardous liquid or
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21 carbon dioxide pipelines, as described in 49 CFR C.F.R., Part 195.1,
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22 water (including storm water), steam, sewage and other commodities,
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23 and any oil and gas pipeline located in a private or public easement
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24 or right-of-way;
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Req. No. 1241 Page 5
1 16. "Design" or "survey" means a notice to facility operators
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2 to provide underground facility information during the design or
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3 engineering phase of a project to mitigate potential impact to
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4 existing underground facilities;
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5 17. "Watch and protect" means an operator or its designated
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6 representative is present to observe an excavation within ten (10)
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7 feet of the operator's marking of its existing underground facility;
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8 18. "Pre-excavation meeting request" means a notice to
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9 underground facility operators to participate in scheduled meetings
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10 for the purpose of planning large projects and coordinate resources
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11 accordingly; and
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12 19. "Large projects" are those excavation projects that involve
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13 one of the following:
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14 a. exceeds distances defined in paragraph 5 of subsection
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15 D of Section 142.6 of this title, or
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16 b. estimated duration is more than ninety (90) days.
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17 SECTION 2. This act shall become effective November 1, 2025.
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19 60-1-1241 MSBB 1/3/2025 9:39:27 AM
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Req. No. 1241 Page 6Every fact on this page links to its source, starting with the official bill record.