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Committee flags DigSafe timing omission in statute; technical fix slated in BAA language
Summary
The committee identified an inconsistency in Title 30 language related to DigSafe timing (48 vs. 72 hours). The change is described as a technical correction supported by utilities and stakeholders and expected to be addressed in the Budget Adjustment Act.
A drafting omission in state statute affecting DigSafe timing drew brief committee attention on Jan. 17, when members reviewed language in the FY2025 Budget Adjustment Act and the Public Service Department's BAA entry (b233).
A committee member told colleagues the statute extends one timeframe to 72 hours in one location but leaves another provision at the prior 48‑hour standard, creating an inconsistency for excavators and utilities. Bill Jordan, director of engineering at the Department of Public Service, told the committee that the department reviewed the issue and contacted stakeholders — including utilities, DigSafe, Vermont Fuel Dealers and the Associated General Contractors — and that those parties concurred the language needs to be aligned. Committee members described the correction as "very uncontroversial."
Why it matters: the change is technical and administrative but relevant to operators and contractors who rely on uniform notification periods for underground utility marking. The committee discussed whether additional testimony was needed; because utility representatives are scheduled for a separate Friday appearance, members agreed they could address any residual questions at that time.
Specifics
The transcript and the BAA language identify the statutory sections involved as Title 30 provisions governing maintenance of underground utility facility markings, specifically sections 7,006 and 7,006a in the BAA language. Committee staff located the BAA language in the Governor's FY2025 BAA (section 71 of the bill language) showing the differing timeframes. Committee members stated the issue appears to be a field editing omission from last year's session and asked staff to treat this as a technical correction.
Next steps
The committee did not take a formal vote; members asked staff to note the technical fix for Appropriations and to raise the matter when utilities appear later in the week. The BAA moves quickly this session, and staff said technical corrections are often included in early session bills or in a technical corrections vehicle. The committee expects the proposed language fix to be included in the BAA and to move through the usual legislative process (committee, floor, senate, governor).
Ending
Committee staff will monitor the utilities' Friday appearance for any additional input; committee members said they do not plan to hold a separate hearing just for the DigSafe correction unless new objections arise during the scheduled testimony.
