Further improvements were made to SB 5627 via a striking amendment adopted in committee on March 27. City concerns over several provisions were resolved in the following ways:

• The requirement for operators of underground facilities to provide positive response to excavators identified on the notice is extended to January 1, 2026, to allow utility owners time to prepare internal processes to comply with the new procedure.
• The provision requiring an end user to locate all underground facilities on their property is removed. Instead, an end user is responsible only for locating service laterals.
  • In addition, an end user who owns or operates an underground facility in a public right-of-way is no longer required to subscribe to a one-number locator service and respond to a notice of excavation by marking underground facility locations in the public right-of-way.
  • The one-number locator service is also no longer required to maintain a list of private-line locate service providers for the location of service laterals.
• The authority provided to the one-locator service to permit multiple excavators on a single notice, and the permission for a general contractor to list multiple excavators in the notice, are both removed from the bill.
  • However, a new provision in the bill, developed by the “dig law” stakeholder group, directs the dig law safety committee to generate recommendations for how to implement the practice of allowing multiple excavators on a single notice by December 1, 2025. The recommendations must include clear procedures and assignment of liabilities.

AWC is pleased to see the progress achieved in the current version of the bill. The stakeholder group will continue to meet in the coming weeks to discuss the practice of allowing multiple excavators on one ticket before session’s end. We thank our city members who have been actively engaged and working to refine the legislation.

SB 5627 now awaits a hearing in its House fiscal committee before the April 8 fiscal committee cutoff.

Problematic “dig law” bill provision allows multiple excavators on a single notice

March 24, 2025

SB 5627 continues to move forward through the Legislature. Many concerns raised by members and other stakeholders have been addressed and ameliorated by the most recent draft of the bill. However, two significant issues of concern remain.

First, the bill proposes to allow "multiple excavators on a single notice," which creates a new administrative process without clarifying associated responsibilities and liability. Utility owner stakeholders have yet to find an acceptable compromise with contractor and excavator stakeholders. We are therefore requesting that the provision be removed from the bill altogether. Per Washington811, the proposed process could be implemented under current law and there is interest among stakeholders in working to explore this concept in the interim.

Second, a separate provision of the bill requires owners of service laterals to subscribe to the 811 locator service. This could have cost and liability implications for residents. AWC will continue to work with the bill sponsor and stakeholders to find a way to clarify the obligations created by this new provision.

As before, we welcome feedback and suggestions from members as we work to improve the bill ahead of the scheduled executive session this week.

Date to remember

SB 5627 is scheduled for executive session in the House Environment & Energy Committee on Wednesday, March 26 at 4 pm.

City concerns addressed in “Dig Law” striker; stakeholder work still under way

March 13, 2025

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.

Date to remember

ESSB 5627 is scheduled for a public hearing in the House Environment & Energy Committee on Tuesday, March 18 at 4 pm.

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.