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Utilities Committee approves amendment to House Bill 166 to limit county road grading 811 notice
Summary
The House Utilities Committee voted 6-0 to report House Bill 166 with an amendment that narrows requirements for county road grading notifications, exempting routine grading that does not change existing grade or ditch flow lines while preserving 811 notice for major work.
The House Utilities Committee voted 6-0 to report House Bill 166 after adopting an amendment that narrows when counties must place 811 locate requests for road work, committee members said.
The amendment, offered by Representative Cantrell, removes language inadvertently inserted into the committee’s preliminary committee substitute (PCS) and adds a definition limiting the exemption to routine grading and maintenance that does not change an existing road or ditch flow line. Committee members said the change is intended to prevent a 2017 drafting change from forcing counties to place an 811 ticket per mile before performing routine grading.
Representative Cantrell, who sponsored the amendment, told the committee the change “is removing some language that was inadvertently placed in the PCS” and that the amendment restores a narrower approach. He said the bill’s new paragraph k — appearing on page 4, line 3 of the bill text — defines grading as “any grading or maintenance of a county road that does not change either the existing road or ditch flow line.” Cantrell said the language is modeled on wording used in another state and is not in violation of federal rules.
Representative Arturo asked for clarification on what problem the bill addresses. Cantrell replied that, because of language added in 2017, counties could have been required to place an 811 ticket for each mile of road before grading and then wait up to 72 hours. “So that’s what this is. This allows counties to get out and grade as long as they’re not doing any major overhauls,” Cantrell said, adding that counties would still need to call 811 for major ditch work, road rebuilds or any activity that changes existing grade.
After discussion and no further questions, a motion to report the bill passed. Committee staff opened the electronic vote; members recorded as voting in favor included Dobrinsky, Turner and Kendrick. The clerk recorded a final tally of six ayes and zero nays. The committee chair said the bill “will be reported” as passed by the committee.
The committee took no additional actions on implementation, and members did not direct staff to produce follow-up reports during the meeting. Representative Cantrell thanked the committee and the panel adjourned.
