Committee votes ITL on bill to shorten DigSafe notice, citing safety and staffing concerns
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Summary
The committee recommended ITL for HB 11‑69 FN, which sought to reduce DigSafe notice from 72 to 48 hours, cut recognized state holidays, and extend ticket validity to one year. Utilities, DigSafe and DOE testified the changes would increase risk and operational strain; the committee voted 14‑0 to ITL.
Concord, N.H. — The House Science, Technology and Energy Committee recommended ITL (Inexpedient to Legislate) on HB 11‑69 FN after testimony from utilities, DigSafe and the Department of Energy warned the bill’s proposed changes would erode damage‑prevention safeguards.
Representative John Schneller presented HB 11‑69 FN on behalf of Representative Brian Labrie, saying the bill would modernize DigSafe by shortening the required notice period from 72 to 48 hours, recognizing six major holidays rather than 13 and extending the validity of an excavation ticket from 30 days to one year when underground conditions remain unchanged. Schneller framed the measure as a way to reduce administrative downtime and support modern construction timelines.
But testimony from DigSafe, major utilities and DOE said otherwise. Bob Finelli (DigSafe) said reducing notice to 48 hours and removing holidays would strain locators, increase the probability of rushed or inaccurate markouts, and that extending tickets to one year would create unsafe conditions because markings fade or disappear and underground infrastructure can change. Eversource and Unitil described the volume of tickets they already process (Eversource: ~86,000 last year) and said 72 hours provides a buffer for seasonal surges.
Meg Stone of DOE said the bill could create a 24‑hour window where excavators could lawfully begin work before utilities were required by other statutes to have their facilities marked, and noted that renewal visits are an opportunity to refresh markings and check site conditions. DOE characterized the existing statutory framework as functional and warned that the proposed language could reduce protections that have been associated with a decline in underground damage over the last decade.
After hearing testimony and discussion, the committee met in executive session and adopted an ITL recommendation by roll call (14‑0). The committee placed HB 11‑69 FN on the consent calendar.