Senate Industry and Business committee gives do-pass recommendation to bill clarifying 1-Call excavator exemption

The Senate Industry and Business Committee on Monday recommended a do-pass on House Bill 1153, a measure clarifying an exemption in Century Code §40‑09‑23 for excavators performing road maintenance. The committee vote was 5‑0.

Representative Jason Dockter, R‑District 7, told the committee the measure was developed by a coalition of 1‑Call stakeholders, including excavators, utilities and the Public Service Commission, to remove ambiguity in the phrase “normal maintenance” and the reference to “original grade.”

Nate Sandberg, vice president and safety manager for Northern Improvement Company, said the bill replaces vague language with a test tied to pavement depth and ditches. "The proposed verbiage would state normal maintenance of paved roads and streets if the maintenance does not extend deeper than the depth of the existing pavement and does not involve the road ditch," Sandberg said. He added, "This language will help prevent costly damages to underground utilities and most importantly, injuries to our valued employees. We encourage you to vote due pass."

Supporters who testified included Russ Hanson of the Associated General Contractors, Tom Schimmelfinck (excavation contractor), Zach Smith of the North Dakota Association of Rural Electric Cooperatives and Carissa Swenson of the Broadband Association of North Dakota. Testimony described a years‑long process in which industry groups and regulators negotiated the clarifying language to reduce differing interpretations of “normal maintenance” and of whether erosion affects “original grade.”

Representative Dockter said the Public Service Commission, as the enforcement agency for the 1‑Call system, endorsed the clarified wording developed by the coalition.

Formal action: Senator Engott moved a due‑pass recommendation on House Bill 1153; the motion was seconded by Senator Bamm. A roll call recorded Senators Klein, Kessel, Chairman Barta, Vice Chairman Behm and Senator Ingot voting aye; the committee recorded a 5‑0 do‑pass recommendation.

The measure will be carried to the floor by an identified sponsor. Committee members did not take additional amendments at the hearing.

Why it matters: Committee testimony tied the change to worker safety and to avoiding costly strikes of underground utilities by providing clearer, narrower criteria for when excavators must request locates. Supporters said unified language will reduce disputes and project delays tied to inconsistent interpretation of the current statute.

The committee closed the hearing after the roll call and assigned a carrier for the bill.