Senate committee substitute to the 5th edition makes the following changes.

Amends the exemptions in GS 87-124 to provide that the notice requirements also do not apply to an excavation or demolition for agricultural purposes performed on property that does not encroach on any operator's right of way, easement, or permitted use, and to the excavation of a grave space, the installation of a monument or memorial at a grave space, or an excavation related to the placement of a temporary structure or tent by a cemetery that does not encroach on any operator's right of way, easement, or permitted use. Removes an excavation or demolition performed by a farmer on the farmer's own property from the list of exemptions. Amends the exemption for an excavation or demolition performed by the owners of a single-family residential property on the owner's own land to no longer require that the excavation or demolition be less than 10 inches deep.

Amends GS 87-129 to provide that if a violation of the Article was the result of willful or wanton negligence or intentional conduct (was, result of gross negligence or willful or wanton conduct), the penalty is $2,500, required training, and required education.

House amendment to the 3rd edition makes the following changes.

Amends GS 87-120(b) to clarify that before adopting a method of determining the cost allocation for operating the Notification Center, the board of directors must publish the proposed method of cost allocation to the member operators, and the proposed allocation method must be approved by the member operators.

Enacts new GS 87-122.1 to require every person who is an excavator, locator, or operator due to engaging in these activities in the course of a business or trade to provide education and training to employees and provide documentation of such. Specifies what must be included in the training. Provides that the duty to provide education and training does not apply when the excavator, locator, or operator retains an independent contractor; requires independent contractors to provide employee training. Requires that excavation be conducted in accordance with OSHA Standard 1926 and under the direction of a competent person. Requires locators to be properly trained, with training documented.

Amends GS 87-123 to exclude from the notice requirements an excavation or demolition that involves tilling of soil for agricultural purposes (was, excavation or demolition that involves the tilling or plowing of soil less than 12 inches in depth for agricultural purposes). Also adds an exclusion from the notice requirements for an excavation or demolition performed by a farmer on his or her own property that does not encroach on any operator's right of way, easement, or permitted use.

Amends GS 87-128(b) to make clarifying changes and to add that the parties are responsible for selection and contracting with the arbitrator. Amends GS 87-128(c) to rquire that the Utilities Commission order issued upon the completion of the arbitration process include assessing the costs of arbitration to the non-prevailing party (was, include an award of the costs of arbitration to the prevailing party).

House committee substitute to the 1st edition makes the following changes. Amends the declaration of policy and purpose to clarify that it is necessary to protect from costly damage underground facilities used for distributing communication, among other items.

Amends GS 87-119 (Costs associated with compliance; effect of permit) to provide that the statute will not affect costs related to the operation of the Notification Center apportioned to an operator.

Amends GS 87-120 (Notification Center; responsibilities) to require the Notification Center to maintain information concerning receipt of notification of proposed excavation and demolition activities as provided in the Article and information received from operators concerning the location of the operators' facilities and the operators' positive responses to marking of the facilities. Provides that the Notification Center is not responsible for identifying or marking facilities for operators. Also provides that the Notification Center is not an agency of the state or any of the state's political subdivisions and is not subject to the provisions of GS Chapters 132 or 133. Amends the definition of Notification Center in GS 87-117 to remove these same provisions from the definition. Also amends GS 87-120 to require each engineering division of the Department of Transportation established under GS 136-14.1 to join the Notification Center by October 1, 2016. Requires all operators who do not meet one of the specified criteria in this statute (was, in the statute and Divisions 1-14 in the Department of Transportation, Transportation Program and Asset management function), to join no later than October 1, 2016.

Makes a clarifying change to GS 87-123.

Amends GS 87-128 to require the Office of the State Fire Marshall to submit a report detailing a violation of the Article by any contract locator, excavator, locator, operator, or other person to the NC Utilities Commission, which must then hold a hearing to determine the severity of the violation and assess a civil penalty.

Enacts new GS 87-129 (and renumbers already proposed GS 87-129 as GS 87-130) to authorize the Office of State Fire Marshall (Office) to receive funds from the US Department of Transportation for the regulation of facilities. Requires operators to pay a fee to the Office to fund investigation of violations, with the fee based on the number of miles of facilities the operator owns, operates, or maintains in the state, not to exceed $1 per mile.