Committee reviews modernization of ‘call before you dig’ law, including online portal and positive-response system

The Environment & Energy Committee received a staff briefing and stakeholder testimony on Engrossed Substitute Senate Bill 5627, a package of updates to the state Underground Utility Damage Prevention Act (the “call before you dig” law) intended to improve worker and public safety and to modernize locate services.

Staff described multiple changes the bill would make, including a requirement that the statewide locator service maintain a free, web-based platform equivalent to the toll-free 811 phone number; a positive-response system that confirms which facility operators have responded to a locate request; provisions for marking excavation areas with white lining or flags; requirements for design locating within 700 feet of transmission pipelines; and civil penalties of up to $25,000 for certain violations that cause damage to hazardous-liquid or gas facilities.

Matt Sterling, committee staff, outlined the bill and said it would require facility operators to supply reasonably accurate location information for locatable underground facilities and allow recovery of locating costs by some regulated utilities. The bill would also add a representative from a labor organization to the Dig Law Safety Committee and encourage adoption of best practices to reduce damage and improve safety.

Construction and utility witnesses supported modernizing the statute. Jason Hudson of IBEW Local 77 said the updates bring “modern best practices” to an older law and will help protect utility workers. Kemp Garcia, a utility-contractor advocate, argued positive response and a multi-excavator notice process would reduce late or repeated locates and improve safety: he cited a nationwide study indicating that roughly half of locates were late in 2022–23 and said consolidating locates can reduce delays and unnecessary site visits.

Panel members including Nick Massey (Dig Law Safety Committee) and John Cornelius explained that the proposed multi-excavator ticket is not a single ticket for everyone but a single request filed by a general contractor that generates separate tickets/confirmation codes for each subcontractor; the approach is intended to let locators make one site visit and address multiple tickets at once rather than many separate visits. Nick Massey said the positive-response display will show which utilities have responded to a locate request so an excavator knows whether any response is outstanding.

Some utilities and operators asked for more precise definitions and sideboards. Josie Cummings (Avista) said her company had shifted from opposed to neutral after stakeholder negotiations but remained concerned and asked for additional clarifying language. Logan Barr (Tacoma Public Utilities) said the general-contractor-on-behalf provision could create efficiencies but needs clearer duties and responsibilities to protect crews and public assets. Several witnesses suggested additional edits to ensure the new multi-excavator flow accurately documents responsibilities.

Supporters argued the bill should reduce project delays and carbon costs associated with repeated unsuccessful site mobilizations. Testimony from contractors said consolidating multiple tickets into coordinated locate visits would generally shorten project timelines and reduce late-locate risk; opponents urged careful drafting to avoid shifting responsibility without clear assignment.

No committee vote on ESSB 5627 occurred at the hearing; sponsors and stakeholders signaled ongoing drafting to refine the multi-excavator provisions and to add guardrails requested by utilities.