On the Senate floor last week, legislators adopted a striking amendment (removing everything after the title and inserting a whole new bill) to the dig law bill, now ESSB 5627. The new version, which resolves many of cities’ concerns with the original proposal, includes the following provisions:

• Excavators must physically mark the boundary of the excavation area with white lining or white pin flags and provide notice through the locate service of the “work-to-begin date,” defined as no less than two full business days and no more than ten full business days after the notice is given.
  • If boundary marking is infeasible, the excavator must notify the utility electronically. This provision diverges from current law, which requires the excavator to communicate directly with the affected facility.
• Utilities must provide “positive response,” free of charge, prior to the work-to-begin date, unless the utility and excavator have a prior written agreement stating otherwise.
  • Positive response is defined as notification to the one-number locator service confirming that the utility has completed marking or has provided available information regarding unlocatable facilities in response to a notice.
  • Excavators may not begin excavation until receiving a positive response from the utility.
  • Utilities must respond promptly to an emergency excavation notice.
  • Utilities may charge fees for design locating (though not to WSDOT).
    • Design locating is only required within 700 feet of a transmission pipeline.
• General contractors may provide notice on behalf of the excavator and may list multiple excavators on a single notice.
  • The contractor must provide contact information and a unique conformation code for each excavator listed.
• Excavators and utilities are subject to a $5,000 penalty for each violation of the dig law that does not cause damage to an underground facility. Excavators that violate the law and damage a hazardous liquid or gas line are subject to a $25,000 penalty.
• The one-number locator service, currently administered through telephone, must create and maintain a web-based platform that provides the same services as the phone service.
  • The online service must also be free and operated in the same way as the phone service.

ESSB 5627, building on years of discussions between excavators and public owners, is the result of a good deal of stakeholder work conducted over the last two weeks and incorporates feedback provided by AWC members. The striking amendment resolved several issues for public infrastructure owners, but work continues to ensure that provisions related to penalties, accountability for damage, and other non-consensus issues are retained in the final bill to protect underground infrastructure.

AWC thanks the city staff who have contributed to the evolution of the bill. We encourage members to read the full text of the engrossed substitute and to contact us with constructive feedback or questions.

ESSB 5627 was voted off the Senate floor on March 6, passing its chamber of origin, and now awaits a reading in the House.

AWC working to mitigate proposed changes to utility excavation practices, aka “dig law”

March 3, 2025

SSB 5627, from Sen. Bill Ramos (D–Issaquah), makes significant and concerning changes to the Underground Utility Damage Prevention Act, also known as “Dig Law.”

The bill has sped through Senate Committees, to the surprise of utility stakeholders who had flagged issues of concern early on. AWC has partnered with other underground infrastructure owners to narrow the focus of the bill and highlight changes needed to improve the bill for public utilities.

Some of the provisions in question include:

• Requiring “positive response” before excavation can take place;
• Making sure that each excavator receives an individual and unique confirmation code to clarify liability and accountability for maintaining markings;
• Encouraging the adoption of best practices for locating, marking, and excavating; and
• Requiring design locating for transmission pipelines.

The bill also creates exemptions for facility operators searching for unlocatable facilities.

AWC seeks feedback from cities and towns on the current version of the bill as we work to refine the legislation and find areas of consensus with excavators, who support the bill.

SB 5627 passed the Senate Environment, Energy, and Technology Committee and then bypassed its fiscal committee due to a negligible fiscal note. It now awaits a vote on the Senate floor to make it past the House of Origin cutoff on March 12.