Sen. Sturgeon outlines update to underground utility safety law; regulators and utilities back SB 275

Sen. Sturgeon presented Senate Bill 275 to the Senate Elections and Government Affairs Committee, saying it would modernize the Underground Utility Damage Prevention and Safety Act, which she said has not been updated since the 1990s. The bill would require owners of underground utility facilities to respond to excavator requests about the location of their facilities within three business days, identify potential conflicts in the planned excavation area, and prohibit construction until a positive response ("clear," "no conflict," or "marked") is provided.

Why it matters: Committee members and utility stakeholders said the update aims to reduce accidental strikes on buried facilities that can cause electrocutions, outages and widespread disruption. Supporters said modern definitions, clearer response timelines and higher penalties will improve coordination between excavators and facility owners.

Details of the proposal: Sen. Sturgeon described the measure as a cleanup and modernization effort. Under the bill, if a facility owner requests more information about a project, project designers would be required to meet with them and make reasonable efforts to avoid damage and interference with facilities in the construction area. The bill also tasks the utility service protection center of Delmarva with operating an approved notification and communications center for facility owners and excavators, and raises the maximum penalties for violations of the Underground Utility Damage Prevention and Safety Act.

Regulatory and industry response: Matt Hartigan, executive director of the Public Service Commission, testified in support and said he submitted a technical amendment to Sen. Ford to change language on page 5, line 15 to specify that penalties or fees collected by the commission would be used for education and awareness purposes rather than being treated as general fund revenue. "We typically collect, I would say, less than $10,000 a year under this program," Hartigan said, adding that the commission would prefer to use that revenue for excavator and public education on safe digging practices.

Tyler Marcek of Chesapeake Utilities, speaking on behalf of Delmarva 811 board members, said the bill "strengthens the safety of the 811 program, creates greater accountability and modernizes the system that... hasn't been updated in 30 years." Anne Farley, representing Delmarva Power, also voiced support and thanked lawmakers for the deliberative process, saying the legislation would protect both the public and utility workers.

Procedure and next steps: Committee members asked several clarifying questions about the source and use of penalty revenue and whether other utilities had concerns; Sen. Sturgeon and witnesses said the primary change being requested was where fines are directed, not the creation of a new enforcement mechanism. The committee did not take a vote on SB 275 during the session. The meeting concluded with a motion to adjourn that was seconded and carried unanimously.

What remains unresolved: The committee discussion flagged a technical correction to align Title 26 language about general-fund treatment with the amendment proposed by the Public Service Commission; that amendment had been sent to Sen. Ford. The bill's path forward (committee vote date or amendments to be adopted) was not specified during the hearing.