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Committee votes ITL on DigSafe definition bill after safety witnesses object
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Summary
The Science, Technology and Energy Committee voted 14‑0 to recommend ITL on HB 10‑29 FN, a sponsor‑backed housekeeping bill that would narrow the legal definition of excavation for New Hampshire’s DigSafe program after DigSafe and the Department of Energy warned the changes could create ambiguity and safety risk.
Concord, N.H. — The House Science, Technology and Energy Committee voted unanimously to recommend Inexpedient to Legislate (ITL) on HB 10‑29 FN, a bill that would have clarified the state’s DigSafe excavation definition to exempt certain hand‑tool activities, including planting in pots under 3 gallons and hand‑performed shallow irrigation repairs.
Representative John Schneller, presenting for Representative Brian Labrie, described HB 10‑29 as a “housekeeping” measure intended to reduce friction between contractors, homeowners and utilities by explicitly excluding low‑risk hand digging from the statutory definition of excavation. Schneller said that the change would leave any work involving mechanical equipment subject to existing notification rules.
But witnesses from DigSafe and the New Hampshire Department of Energy urged caution. Bob Finelli, president of DigSafe System Inc., told the committee the current statute already contains narrow residential exemptions and said adding new, specific carve‑outs would create confusion about when a DigSafe ticket is required. Finelli said marking practices and statutory language should remain aligned with national damage‑prevention best practices.
Meg Stone, legislative liaison for the Department of Energy, said the department is neutral on the bill but raised staff safety concerns and statutory ambiguity. Stone and the department’s enforcement director noted 38 investigated damage incidents in 2025 where excavators had not sought DigSafe marking; they said the rate of reported ticketing has risen in the past decade while excavation damage has fallen, and warned that less precise language could reverse that progress.
Committee members questioned whether the proposed wording could be read to allow mechanized digging in small planting situations and whether the change would apply to commercial property, where buried assets can be denser and more dangerous. Witnesses urged that mechanical or powered digging remain plainly inside the current DigSafe requirements.
After closing public testimony the committee met in executive session and, by roll call, adopted a motion of ITL on HB 10‑29 FN. The committee report will be prepared by Representative McGee. The committee placed the bill on the consent calendar with the unanimous recommendation.
The committee’s action does not change current law. Any future drafting changes would require language clearer about the distinction between hand tools and powered/mechanized equipment and an explicit statement about the application to residential versus commercial property.
