811 Legislative Changes

Senate Bill 18-167


        Did you know that effective January 1, 2019 Colorado Senate Bill 18-167 goes into effect? Is your company prepared? Do you have questions or doubts? Perhaps the following synopsis will assist you in understanding what’s to come.

-        What is Senate Bill 18-167?

        Briefly, this bill concerns increased enforcement of requirements related to the location of underground facilities and making an appropriation. It creates the underground damage prevention safety commission as an independent agency within the department of labor and employment. This commission has rule-making and enforcement authority regarding excavation damage and prevention law. It also establishes a review committee of the commission which is involved in determining whether a violation of the law has occurred, and it may recommend remedial action, and possibly a fine. Fines will range from $250 to $75,000.

-        Does it affect my company?

        It does if you “excavate” (refer to the bill for the exact list of activities) or if you perform subsurface utility engineering.

-        What are the changes?

        The 811 UNCC tickets are changing. All utilities are now required to become Tier 1 members. The utility owner’s UNCC responses are changing, and the utility owner’s response time is changing for some types of tickets.

        For subsurface utility engineering locates, the locating and engineering companies must now meet or exceed the ASCE 38 Standard for underground facility location in the stamped plans for all underground facilities within the proposed excavation area, or they must document and explain why the stamped plans do not meet or exceed the ASCE 38 Utility Quality Level B.

-        How does this affect my or my clients’ subsurface utility engineering jobs?

        The first change will be the lead time required before performing the subsurface engineering locate. The greatest change for most locating, hydro-excavation, and engineering companies will be that each must adhere to their delineated set of best practices and due diligence.   

       With the passing of this new law, engineering locating has become data-driven. It has been the business model since the inception of Tom Richardson LLC to provide our clients with ASCE Quality Level B utility locates. We have years of experience in the field and in our office to assist your company in meeting the new subsurface utility locating requirements from day one. Let’s make 2019 a safe, happy, and prosperous new year for all.

        For more information, please visit http://colorado811.org/one-call-legislation/

click below to see the bill in its entirety

CO Senate Bill18-167 (pdf)