SB 5627 — Improving safe excavation practices and preventing damage to underground utilities.

The facility operator shall provide the excavator with contact information for a facility representative who is not a contract locator who can answer questions regarding the unlocatable facility during the course of excavation.

(3) After January 1, 2027, facility operators shall make all underground facilities installed after the effective date of this section locatable underground facilities.

(4) Facility operators shall add location information for unlocatable underground facilities, to a facility operator-maintained mapping database within 30 calendar days of the date the facility operator acquires location information for each previously unlocatable underground facility.

(5) After December 31, 2025, facility operators shall maintain maps, drawings, diagrams, or other records illustrating the location of all underground facilities that the facility operator abandons or p.

7 SB 5627 designates as out-of-service.

If within the white-lined area in a notice, the facility operator shall indicate the presence of these facilities by marking the location of the abandoned or out-of-service facilities with an "A" in a circle and include the size and type of facility.

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5.

(b)Physical If boundary marking requiredof bythe (a)boundary of thisexcavation subsection is infeasible,not anrequired excavatorwhen mustthe ((communicateexcavator directlyprovides withnotice affected facility operators to ensurea thatone-number thelocator boundaryservice ofthrough thea excavationweb-based areaplatform, isin accuratelyaccordance identified))with providesubsection notice(2) electronicallyof tothis asection. one- number locator service.

(c)Where Excavatorsnotice andis facilitysubmitted operatorsusing arethe encouragedweb-based toplatform, incorporateany bestphysical practicesmarkings foron undergroundthe damagesite prevention,take improvepriority workerto safety,the protectmarkings vitalsubmitted undergroundusing infrastructure, and ensure public safety during excavation activities conducted in the vicinityonline ofmapping existingsoftware. underground facilities.

(2)(a)Where Anreasonable, excavatorexcavators mustand providefacility theoperators noticeshall requiredadopt bythe subsection20th (1)version of thisthe sectioncommon toground aalliance's one-numberbest locatorpractices servicefor notlocating, lessmarking, thanand twoexcavating fullmethods businesspublished daysin and2024, notor moresuch thansubsequent ((ten))versions 10as fullmay businessbe daysadopted beforeby the scheduledcommission work-to-beginby daterule, ((forconsistent p.with the purposes of this section.

7(b) ESSBIf 5627boundary commencementmarking ofrequired excavation)),by unless(a) otherwiseof agreedthis bysubsection theis infeasible, an excavator andmust ((communicate directly with affected facility operators to ensure that the boundary of the excavation area is accurately identified)) provide notice electronically to a one- number locator service using geographic mapping features as described in writing.(a) of this subsection.

If(2)(a) anAn excavator intendsmust toprovide workthe atnotice multiplerequired sitesby orsubsection at(1) aof largethis project,section theto excavatora mustone-number takelocator reasonableservice stepsnot toless conferthan withtwo facilityfull operatorsbusiness todays enableand themnot tomore locatethan underground((ten)) facilities10 reasonablyfull inbusiness advancedays ofbefore the startscheduled work-to-begin date ((for commencement of excavationexcavation)), forunless eachotherwise phaseagreed ofby the work.excavator and facility operators in writing.

If an excavator intends to work at multiple sites or at a large project, the excavator must take reasonable steps to confer with facility operators to enable p.

8 SB 5627 them to locate underground facilities reasonably in advance of the start of excavation for each phase of the work.

If notice is provided through the web-based platform, such notice must contain electronic mapping of the boundary of excavation as defined in RCW 19.122.027(1)(a).

Submission of notice electronically without sufficient geographic mapping is not notice under this chapter.

The generalexcavator contractorengaging mustin provideexcavation eachis excavatorliable withfor anall individualcosts and uniquepenalties confirmationresulting code.from damage caused by excavation.

The excavator engaging in excavation is liable for all costs and penalties resultingthat result from damage causedfrom byexcavation excavation,that includingoccurred because of failure to follow the notice.

195.442(c)(4)195.442(c)(5) through (6) and 192.614(c)(4)192.614(c)(5) through (6) as they existed on the effective date of this section, or such subsequent date as may be provided by the commission by rule, consistent with the purpose of this section.

89 ESSBSB 5627 available information as to their location prior to the work-to-begin date provided in the notice under subsection (1) of this section.

195.442(c)(4)195.442(c)(5) through (6) and 192.614(c)(4)192.614(c)(5) through (6) as they existed on the effective date of this section, or such subsequent date as may be provided by the commission by rule, consistent with the purpose of this section;

910 ESSBSB 5627 arranging for repairs or relocation as provided in RCW 19.122.050(2);

Nothing in this section may be interpreted to require an end user to subscribe to a one-number locator service or to locate a service lateral within a right-of-way or utility easement, except an end user who is an owner, operator, or responsible party of ana service lateral or other underground facility in a public right-of-way shall subscribe to a one-number locator service and comply with subsection (3) of this section.

The facility operator retains all legal responsibility for compliance with this section.chapter.

1011 ESSBSB 5627 (c) A facility operator's markings of underground utilities expire forty-five calendar days from the date that the excavator provided notice to a one-number locator service pursuant to subsection (1) of this section.

(10) If an excavator discovers underground facilities that are not identified, the excavator must cease excavating in the vicinity of the underground facilities and immediately notify the facility operator ((or)) directly or through a one-number locator service.

If an excavator discovers identified but unlocatable underground facilities, the excavator must notify the facility operator directly or through a one-number locator service.

Upon notification by a one-numberone- number locator service or an excavator, a facility operator must allow for location of the uncovered portion of an underground facility identified by the excavator, and may accept location information from the excavator for marking of the underground facility.

However, the fees under this subsection may not be imposed on the department of transportation.

1112 ESSBSB 5627 (12) DesignExcept locatingas isprovided requiredin wheneversubsections any(6)(b), individual(8), appliesand for(11) aof developmentthis permitsection, offacility anyoperators typeare withinprohibited 700from feetcharging of a transmissionfee pipeline.for locating and marking their underground facilities.

(a) Prior to any activity that involves grade modification, excavation, or additional loading of the soil on property within 700 feet of a transmission pipeline, the requestor must contact the transmission pipeline operator and provide documentation detailing the proposed activity.

(b) The transmission pipeline operator must respond to the requestor within 30 days to confirm a review of the documents describing the proposed activity and indicate any potential impacts from the activity on the transmission line.

(c) If after 30 days, the transmission pipeline operator does not respond to the requestor, then development activity may resume without violation.

(13) Except as provided in subsections (6)(b), (8), and (11) of this section, facility operators are prohibited from charging a fee for locating and marking their underground facilities.

(14) Nothing in this section limits a facility operator regulated by the commission from seeking recovery of costs for locating and marking its underground facilities as part of rates.

5.6.

p.(d) The replacement of an official traffic sign installed prior to January 1, 2013, no deeper than the depth at which it was installed;

12 ESSB 5627 (d) The replacement of an official traffic sign installed prior to January 1, 2013, no deeper than the depth at which it was installed;

((or))or (g) Construction, operation, or maintenance activities by an irrigation district on rights-of-way, easements, or facilities owned by the federal bureau of reclamation in federal reclamation projectsprojects. ;

or (h) Any facility operator using safe and careful work methods to physically expose an unlocatable facility in response to a one-call notification.

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6.13 SB 5627 Sec.

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(a) Determine the precise location of underground facilities which have been marked pursuant to RCW 19.122.030;19.122.030(1);

p.(b) Plan the excavation to avoid damage to or minimize interference with underground facilities in and near the excavation area;

13 ESSB 5627 (b) Plan the excavation to avoid damage to or minimize interference with underground facilities in and near the excavation area;

and (d) Use safe and careful work methods, taking into consideration the known and unknown underground facilities and the surface and subsurface to be excavated.

If the marking is on a hard surface, methods of excavation may include pneumatic hand tools or other excavation methods that are commonly accepted as permissible for the type of surface encountered;encountered.

and (e) When directional boring will be implemented as a method of underground excavation, supplement white lining with physical exposure to avoid blind boring.

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7.14 SB 5627 Sec.

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p.(2) A facility operator notified in accordance with subsection (1) of this section shall arrange for repairs or relocation as soon as is practical, or permit the excavator to do necessary repairs or relocation at a mutually acceptable price.

14 ESSB 5627 (2) A facility operator notified in accordance with subsection (1) of this section shall arrange for repairs or relocation as soon as is practical, or permit the excavator to do necessary repairs or relocation at a mutually acceptable price.

8.9.

(2) Any hazardousfacility liquid or gas pipeline operator who (a):

p.

15 SB 5627 Sec.

10.

RCW 19.122.070 and 2011 c 263 s 11 are each amended to read as follows:

(1) Any person who violates any provision of this chapter not amounting to a violation of RCW 19.122.055 is subject to a civil penalty of ((not more than one thousand dollars for an initial violation, and)) not more than ((five thousand dollars)) $5,000 for each ((subsequent)) violation within a three-year period.

All penalties recovered in such actions must be deposited in the damage prevention account created in RCW 19.122.160.

(2) Any excavator who ((willfully or maliciously damages a marked underground facility is liable for treble the costs incurred in repairing or relocating the facility.

In those cases in which an excavator fails to notify known facility operators or a one-number locator service, any damage to the underground facility is deemed willful and malicious and is subject to treble damages for costs incurred in repairing or relocating the facility)) fails to give notice of planned excavation and damages a marked underground facility is liable for all costs incurred in repairing or relocating the facility and any penalties assessed under this chapter.

(3) This chapter does not affect any civil remedies for personal injury or for property damage, including that to underground facilities, nor does this chapter create any new civil remedies for such damage.

9.11.

(3) Any excavator who excavates within 35 feet of a transmission pipeline, prior to receiving positive response from the facility p.operator of the transmission pipeline when required under this chapter, is guilty of a misdemeanor.

15 ESSB 5627 operator of the transmission pipeline when required under this chapter, is guilty of a misdemeanor.

10.12.

Ifp. charged with a violation of RCW 19.122.090, an equipment operator is deemed to have established an affirmative defense to such charges if:

16 SB 5627 If charged with a violation of RCW 19.122.090, an equipment operator is deemed to have established an affirmative defense to such charges if:

11.13.

p.(vi) A consumer-owned utility, as defined in RCW 19.27A.140;

16 ESSB 5627 (vi) A consumer-owned utility, as defined in RCW 19.27A.140;

((and))and (x)p. A telecommunications company;

and17 (xi)SB 5627 (x) A labortelecommunications organization.company.

(5) The safety committee may review complaints of alleged violations of this chapter involving practices related to underground facilities, except for those complaints relating to damage to pipeline facilities or which involve violations of RCW 19.122.075 orand 19.122.090.

(6) To review complaints of alleged violations, the safety committee must firstappoint receiveat sufficientleast evidencethree thatand anot probablemore violationthan occurred.five members as a review committee.

Once sufficient evidence has been received, the safety committee must appoint at least three and not more than five members as a review committee.

(7) Before reviewing a complaint alleging a violation of this chapter, the review committee must ((notifynotify the person making the complaint and the alleged violator of its review and of))of provide all complaint forms, materials, and supporting evidence that will be presented or used by the personopportunity or company making the complaint, to theparticipate. alleged violator no less than 30 days prior to the scheduled date of review.

Both parties must be notified of the review and be provided the opportunity to participate.

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1714. ESSB 5627 Sec.

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(3) With respect to referrals from the safety committee, the commission must consider any recommendation by the committee regardingp. enforcement and remedial actions involving an alleged violator.

18 SB 5627 regarding enforcement and remedial actions involving an alleged violator.

1819 ESSBSB 5627