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Committee recommends do-pass for bill to clarify 1 Call excavation exemptions

House Energy and Natural Resources Committee · January 17, 2025
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Summary

HB1153 would clarify Century Code language exempting certain excavators from the 1 Call locate requirement. The committee heard unanimous coalition support and approved a do-pass recommendation in committee action.

BISMARCK — The House Energy and Natural Resources Committee recommended a do‑pass for House Bill 1153 after testimony that the bill will clear ambiguities in Century Code about excavator exemptions to the 1 Call locate requirement.

Sponsor Jason Dockter (District 7) told the committee HB1153 grew from work by a 1 Call coalition formed in early 2023 that included excavators, utilities, broadband, rural water, oil and gas stakeholders and the Public Service Commission’s enforcement arm. He said the coalition identified inconsistent interpretations of terms such as “normal maintenance” and “original grade” and sought clearer statutory language.

Carrie Burke of the Associated General Contractors of North Dakota testified the language was developed and unanimously approved by coalition members, the Public Service Commission and the Association of Counties, and that the change will reduce ambiguous enforcement decisions that can lead to utility damage and employee injuries. “We encourage you to vote do pass,” Burke said.

On reconvening after a break, Representative Anderson moved a do‑pass recommendation; Representative Olson seconded and the clerk recorded a roll call vote. The motion carried on the record and the committee forwarded HB1153 with a due‑pass recommendation to the next step in the process.