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Utah House approves bill tightening utility-damage response, adds ADR and fee award
Summary
The House passed Senate Bill 224 unanimously after debate and an amendment. The bill clarifies excavator notification duties, carves out several exceptions (including emergencies and some agricultural work), adds alternative dispute resolution for damage claims and allows court-awarded costs and attorneys’ fees to the prevailing party when litigation occurs.
The Utah House of Representatives passed Senate Bill 224 on Feb. 28, approving a set of changes to state law that adjust contractor obligations and liability when underground utility facilities are damaged during excavation.
The sponsor said the measure, commonly described as a revision to the state’s “blue stakes” rules, requires excavators to notify the appropriate utility operator when a line is hit and then to take reasonable steps to avoid further damage. The bill identifies exceptions — including emergency operations, limited agricultural work and use of hand tools — and clarifies the circumstances under which penalties apply.
Representative Snow, who spoke in favor of the measure, told colleagues the bill returns portions of language to their original form to avoid forcing excavators to cease operations for minor damages and that it includes an alternative dispute resolution option for resolving liability questions.
During floor debate, members pressed the sponsor on whether exemptions applied only to criminal penalties or also to civil liability for repair costs. One representative noted situations in rural Utah where cables lie much shallower than specifications and asked whether an excavator should be liable for repair costs when the utility did not meet installation depth standards. The sponsor said the bill’s exemptions could, in some cases, relieve an excavator from liability if they followed required marking and notification procedures.
The bill also includes a provision that, if a court action is filed, the prevailing party may be awarded court costs and attorneys’ fees. The sponsor described that as a mechanism to encourage resolution and make parties whole when litigation proves one side was entitled to relief.
Lawmakers adopted a floor amendment deleting specific lines as described on the goldenrod amendment. After summation was waived, the House voted to approve SB 224 by a recorded 67–0 margin. The bill will be returned to the Senate for the president’s signature and enrollment.
