Over the course of several years, cities, utilities, contractors, and other stakeholders have been working to find consensus on needed updates to 811, otherwise known as the state’s Safe Dig Law. In recent months, proponents have put forward new changes, reflected in a newly proposed bill.

HB 2409, sponsored by Rep. Chris Corry (R–Yakima), makes several additions to existing requirements:

• When marking an excavation area, an excavator must use white lining or pin flags, in addition to the white paint currently required in statute.
• If an excavator and facility operator agree on a scheduled excavation without using the locator service phone line, they must do so through a written agreement.
• Facility operators that do not have underground facilities within the boundaries of the excavation area must provide a “positive response” to inform excavators the area is clear of the operators’ buried facilities.
  • A positive response is defined by the bill as a notification from the facility to the locate center that facility staff have completed marking or have responded to a notice.
• A facility operator must respond to an excavator’s notice no later than the work-to-begin date.
• Excavators are required to use reasonable care to avoid damaging underground facilities, including while removing a “hard surface.”
  • The bill defines a hard surface as an area covered with asphalt, concrete, interlocking brick or block, solid stone, wood or any similar impervious or nonporous material on the surface of the ground.
• When review complaints alleging violations of safe excavation practices, the UTC’s safety committee does not have authority to review downtime or other claim disputes between facility operators and excavators.

AWC would like to see the following points in the bill clarified: the new definition for positive response and the lack of specificity on a timeframe for proving a positive response, the requirement to use white lining, and the bill language addressing the case when an excavator discovers identified but unlocatable underground facilities.

AWC also asks cities to provide us with feedback on the bill’s potential impacts to your staff and operations.

AWC also asks cities to provide us with feedback on the bill’s potential impacts to your staff and operations.

Dates to remember

HB 2409 is scheduled for public hearing in the House Local Government Committee on Tuesday, January 30 at 8 am.