9-1.5-105. Notification association

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9-1.5-105. Notification association -structure and funding requirements -duties of owners and operators -report.(1) There is hereby created a nonprofit corporation in the state of Colorado, referred to in this article 1.5 as the “notification association”, which consists of all owners or operators of underground facilities. All owners and operators shall join the notification association and shall participate in a statewide program that utilizes a single, tollfree telephone number 811 that excavators can use to notify the notification association of pending excavation plans.

(2) to (2.3) Repealed.

(2.4) Effective January 1, 2021, all underground facility owners and operators are members of the notification association. All members are full members of the notification association and are entitled to receive full service benefits as part of membership as specified in this article 1.5.

(2.5) The notification association may accept any organization, person, or entity which has an interest in the purposes and functions of the association as a member whether specifically enumerated in this article or not. Any such member shall comply with the bylaws of the association.

(2.6) (a) The notification association shall prepare annual reports on its activities, as follows:

(I) A statistical summary of the information reported to it pursuant to section 9-1.5-103

(7)(b); and

(II) An annual, independent financial audit of its operations.

(b) The notification association shall provide a copy of both reports created under paragraph (a) of this subsection (2.6) to its members and shall provide the report created under subparagraph (I) of paragraph (a) of this subsection (2.6) to the public utilities commission of the state of Colorado.

(3) (a) Repealed

(b) Effective January 1, 2021, each member of the notification association shall provide general information regarding all of the locations of any underground facilities that the member owns or operates, for excavation notification purposes only, and the member’s contact information, both of which shall be updated annually, to the notification association, and the association shall maintain the information on file in a manner that ensures the confidentiality and security of the information.

(c) Information regarding the location of underground facilities provided to the notification association by an owner or operator or to the safety commission by the notification association is exempt from the “Colorado Open Records Act”, part 2 of article 72 of title 24, pursuant to section 24-72-204 (2)(a)(VIII)(A) regarding specialized details of critical infrastructure.

(4) (a) (I) The notification association is governed by a board of directors, which must be representative of the membership of the association.

(II) Repealed

(b) The board of directors shall be elected by the membership of the association pursuant to the bylaws of the association.

(5) The notification association shall be incorporated and operated as a nonprofit corporation pursuant to the “Colorado Revised Nonprofit Corporation Act”, articles 121 to 137 of title 7, C.R.S.

(6) This section does not apply to:

(a) Any owner or occupant of real property under which underground facilities are buried if the facilities are used solely to furnish service or commodities to the real property and no part of the facilities is located in a public street, county road, alley, or right-of-way dedicated to public use; or

(b) Any homeowner.

Source: L. 81: Entire article added, p. 522, § 1, effective October 1. L. 93: Entire article amended, p. 503, § 1, effective September 1. L. 97: (5) amended, p. 761, § 27, effective July 1, 1998. L. 2000: IP(2) amended and (2.6) R&RE, pp. 690, 691, §§ 5, 6, effective May 23. L. 2018: (1), IP(2), (3), (4), and (6) amended, (2.1) and (2.4) added, and (2.3) repealed, (SB 18- 167), ch. 256, p. 1575, § 6, effective August 8.

Editor’s Note: Subsections (2.1)(a), (3)(a)(II), and (4)(a)(II)(B) provided for the repeal of subsections (2), (2.1), (3)(a), and (4)(a)(II), respectively, effective January 1, 2021. (See L. 2018, p. 1575.)”