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Bill would extend locate-response window, clarify low‑depth exemptions to restore federal grant eligibility
Summary
House Bill 227 would give utility operators two working days (excluding the day of the call) to respond to locate requests, lengthen the start window for excavation from 10 working days to 16 calendar days, and narrow the statutory excavation exemption to specific shallow activities so Ohio can regain eligibility for PHMSA federal prevention grants.
Representatives sponsoring House Bill 227 told the committee the bill would revise Ohio’s excavation laws to improve safety, make utility marking timelines more workable, and restore eligibility for federal grants administered by the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA).
Sponsors said the bill would change three principal items: give utility operators two working days (excluding the day of the call) rather than a 48‑hour clock to respond to excavation notices so they have a true 48‑hour window to mark assets; extend the excavation commencement timeline from 10 working days to 16 calendar days; and update the statutory definition of "excavation" by replacing a blanket exemption for certain entities with a set of specific shallow-depth exemptions.
The sponsors read the list of specific exemptions agreed upon with industry stakeholders. Exempted activities would include: milling and grinding of asphalt that does not penetrate more than four inches (with certain exceptions such as pulverizing at signalized intersections or where sensors may be present), utility wood‑pole inspection using hand tools that do not penetrate more than 12 inches where work is on the clear side of poles, tilling or sowing of grass or wildflower coverings that do not penetrate more than four inches for erosion control or beautification, and placement of temporary signage without penetrating more than four inches.
Sponsors said Ohio lost eligibility for certain PHMSA prevention grants and that regaining eligibility could make Ohio again eligible for federal funds; they told the committee Ohio previously received approximately $150,000 to develop and promote the Ohio universal marking standards. They also said the Ohio Underground Damage Prevention Coalition and Ohio 811 were part of the discussions that led to the draft language.
Committee members asked whether the changes came from industry and whether Ohio 811 had been consulted; sponsors said the coalition and industry participants had been involved, described the bill as a combination of technical cleanup and grant-eligibility changes, and said the adjustments aim to reduce construction delays while improving safety.
No committee vote on final passage occurred; sponsors asked the committee to consider the bill and said they would answer follow-up questions from stakeholders.
