Modify excavation requirements

(136th General Assembly)

(Substitute
House Bill Number 227)

AN
ACT

To amend sections 153.64,
3781.25, 3781.26, 3781.261, 3781.27, 3781.271, 3781.28, 3781.29,
3781.30, and 4913.01 of the Revised Code to modify excavation
requirements.

Be
it enacted by the General Assembly of the State of Ohio:

Section
1.
That
sections 153.64, 3781.25, 3781.26, 3781.261, 3781.27, 3781.271,
3781.28, 3781.29, 3781.30, and 4913.01 of the Revised Code be
amended

to
read as follows:

Sec.
153.64.
(A)
As used in this section:

(1)
"Public improvement" means any construction,
reconstruction, improvement, enlargement, alteration, or repair of a
building, highway, drainage system, water system, road, street,
alley, sewer, ditch, sewage disposal plant, water works, and all
other structures or works of any nature by a public authority.

(2)
"Public authority" includes the following:

(a)
The state, or a county, township, municipal corporation, school
district, or other political subdivision;

(b)
Any public agency, authority, board, commission, instrumentality, or
special district of or in the state or a county, township, municipal
corporation, school district, or other political subdivision;

(c)
A designer as defined in section 3781.25 of the Revised Code who is
acting on behalf of any entity described in division (A)(2)(a) or (b)
of this section.

(3)
"Underground utility facilities" includes any item buried
or placed below ground or submerged under water for use in connection
with the storage or conveyance of water or sewage; or electronic,
telephonic, or telegraphic communications; electricity; petroleum
products; manufactured, mixed, or natural gas; synthetic or liquified
natural gas; propane gas; or other substances. "Underground
utility facilities" includes, but is not limited to, all
operational underground pipes, sewers, tubing, conduits, cables,
valves, lines, wires, manholes, and attachments, whether owned by any
public or private or profit or nonprofit person, firm, partnership,
company, corporation, joint stock association, joint venture, or
voluntary association, wherever organized or incorporated, except for
a private septic system in a single- or multi-family dwelling
utilized only for that dwelling and not connected to any other
system.

(4)
"Protection service" means a notification center not an
owner of an underground utility facility that complies with the
following:

(a)
It exists for the purpose of receiving notice from public authorities
and from other persons that plan to prepare plans and specifications
for, or engage in, public improvements involving digging, blasting,
excavating, or other underground construction activities;

(b)
It distributes the information described in division (A)(4)(a) of
this section to its members and participants;

(c)
It has registered by March 14, 1989, with the secretary of state and
the public utilities commission under former division (F) of this
section as it existed on that date.

(5)
"Construction area" means the area delineated on the plans
and specifications for the public improvement within which the work
provided for in the contract will be performed.

(6)
"Interstate gas pipeline" means an interstate gas pipeline
subject to the "Natural Gas Pipeline Safety Act of 1968,"
49 U.S.C. 1671, as amended.

(7)
"Interstate hazardous liquids pipeline" means an interstate
hazardous liquids pipeline subject to the "Hazardous Liquid
Pipeline Safety Act of 1979," 49 U.S.C. 2002, as amended.

(B)(1)
In any public improvement which may involve underground utility
facilities, the public authority, prior to preparing plans and
specifications, shall contact a protection service
and
any owners of underground utility facilities that are not members of
a protection service
for
the existence and location of all underground utility facilities
within the construction area.

(2)
If requested by the public authority, each owner of underground
utility facilities within the construction area, other than real
property owners listed in divisions (C)(1) to (4) of section 3781.25
of the Revised Code, shall do one of the following within ten days of
receiving notice from the public authority or a protection service:

(a)
Mark the location of the underground utility facilities, other than
those facilities serving single-family or two-, three-, or four-unit
dwellings, within the construction area in accordance with the
marking standards described in division (C) of section 3781.29 of the
Revised Code;

(b)
Provide digital or paper drawings, or both, that meet both of the
following requirements:

(i)
They are drawn to scale and include locatable items. Locatable items
may include poles, pedestals, back of curb, sidewalk, edge of
pavement, centerline of ditch, property lines, and other similar
items.

(ii)
They depict the location of the underground utility facilities.

(3)
If the public improvement is within six hundred sixty feet of the
center point of any interstate hazardous liquid pipeline or
interstate gas pipeline, the pipeline operator shall provide to the
public authority all of the following:

(a)
A written notice of any special notification requirements;

(b)
The location and description of any right-of-way associated with the
pipeline as well as pipeline location information, such as providing
documents reflecting the actual location of the pipeline, marking
facilities on design drawings, and providing maps;

(c)
Contact information for the primary contact person for the project
area.

Compliance
with divisions (B)(2) and (3) of this section does not relieve an
owner of underground utility facilities from compliance with the
marking requirements of section 3781.29 of the Revised Code.

(4)
The public authority shall include, in the plans and specifications
for such improvement, the identity and location of the existing
underground utility facilities located in the construction area as
provided to the public authority by the owner of the underground
utility facility and the name, address, and telephone number of each
owner of any underground utility facilities in the construction area

that does not subscribe to a protection service
.

(a)
If the public authority is notified that the improvement is within
six hundred sixty feet of the center point of any interstate
hazardous liquid pipeline or interstate gas pipeline, the public
authority shall also include in the plans and specifications for the
project all of the following:

(i)
Any special notification requirements;

(ii)
The name and contact information of the primary contact person for
each pipeline operator who has provided notice to the public
authority under division (B)(3) of this section;

(iii)
Notice stating that the public authority has utilized reasonable
means to contact the pipeline operator to verify the location of the
pipeline and pipeline right-of-way;

(iv)
Notice that the public authority has reviewed, or has attempted to
review, preliminary information about the public improvement with the
pipeline operator and incorporated the requested adjustments into the
plans.

(b)
For purposes of division (B)(4)(a)(iii) of this section, a public
authority who provides notice to the protection service in accordance
with division (B)(1) of this section is deemed to have utilized
reasonable means to contact the operator of the pipeline.

(5)
Any anticipated temporary or permanent relocation of underground
utility facilities deemed necessary by the public authority shall be
negotiated or arranged by the public authority with the owners of the
underground utility facilities prior to the start of construction. If
a temporary or permanent relocation of utility facilities is
necessary, the owner of the underground utility facility shall be
given a reasonable time to move such utility facilities unless the
contractor to whom the contract for a public improvement is awarded
or its subcontractor agrees with the owner of the underground utility
facility to coordinate relocation with construction operations.

(6)
The public authority, within ten calendar days after award of a
contract for a public improvement, shall notify in writing all owners
of underground utility facilities known to be located in the
construction area of the public improvement of the name and address
of the contractor to whom the contract for the public improvement was
awarded. Where notice is given in writing by certified mail, the
return receipt, signed by any person to whom the notice is delivered,
shall be conclusive proof of notice.

(C)
The contractor to whom a contract for a public improvement is awarded
or its subcontractor, at least two working days,
excluding
Saturdays, Sundays, and legal holidays, but no more than ten working
days,
not
including the day of the notification, but not more than sixteen
calendar days

prior to commencing construction operations in the construction area
which may involve underground utility facilities, shall cause notice
to be given to
a

the

protection
service

and the owners of underground utility facilities shown on the plans
and specifications who are not members of a protection service
.
The owner of the underground utility facility, within
forty-eight
hours, excluding Saturdays, Sundays, and legal holidays, after notice
is received
at
least two working days, not including the day of the notification
,
shall stake, mark, or otherwise designate the location of the
underground utility facilities in the construction area in such a
manner as to indicate their course together with the approximate
depth at which they were installed.

(D)
If the public authority fails to comply with the requirements of
division (B) of this section, the contractor to whom the work is
awarded or its subcontractor complies with the requirements of
division (C) of this section, and the contractor or its subcontractor
encounters underground utility facilities in the construction area
that would have been shown on the plans and specifications for such
improvement had a protection service
or
owner of the underground utility facility who is not a member of a
protection service whose name, address, and telephone number is
provided by the public authority
been
contacted, then the contractor, upon notification to the public
authority, is entitled to an increase to the contract price for
itself or its subcontractor for any additional work that must be
undertaken or additional time that will be required and is entitled
to an extension of the completion date of the contract for the period
of time of any delays to the construction of the public improvement.

In
the event of a dispute as to the application of this section,
procedures may be commenced under the applicable terms of the
construction contract, or if the contract contains no provision for
final resolution of the dispute, pursuant to the procedures for
arbitration in Chapter 2711. of the Revised Code.

This
section does not affect rights between the contractors and the public
authority for any increase in contract price or additional time to
perform the contract when the public authority complies with division
(B) of this section.

Any
public authority who complies with the requirements of division (B)
of this section and any contractor or its subcontractor who complies
with the requirements of division (C) of this section shall not be
responsible to the owner of the underground utility facility if
underground utility lines are encountered not as marked in accordance
with the provisions of division (C) of this section by the owner of
the underground utility facility, unless the contractor or its
subcontractor has actual notice of the underground utility facility.
Except as noted in this division, this section does not affect rights
between the contractor or its subcontractor and the owner of the
underground utility facility for failure to mark or erroneously
marking utility lines. The public authority shall not make as a
requirement of any contract for public improvement any change in
responsibilities between the public authority and the owners of the
underground utility facilities in connection with damage, injury, or
loss to any property in connection with underground utility
facilities.

The
contractor or its subcontractor shall alert immediately the occupants
of nearby premises as to any emergency that the contractor or
subcontractor may create or discover at or near such premises. The
contractor or its subcontractor shall report immediately to the owner
or operator of the underground facility any break or leak on its
lines or any dent, gouge, groove, or other damage to such lines or to
their coating or cathodic protection, made or discovered in the
course of their excavation.

(E)
This section does not affect rights between the public authority and
the owners of the underground utility facilities for responsibility
for costs involving removal, relocation, or protection of existing
underground utility facilities, or for costs for delays occasioned
thereby.

Sec.
3781.25.
As
used in sections 3781.25 to 3781.38 of the Revised Code:

(A)
"Protection service" means a notification center, but not
an owner of an individual utility, that exists for the purpose of
receiving notice from persons that prepare plans and specifications
for or that engage in excavation work, that distributes this
information to its members and participants, and that has registered
by March 14, 1989, with the secretary of state and the public
utilities commission of Ohio under former division (F) of section
153.64 of the Revised Code as it existed on that date.

(B)
"Underground utility facility" includes any item buried or
placed below ground or submerged under water for use in connection
with the storage or conveyance of water or sewage; electronic, or
telephonic communications; television signals; electricity; crude
oil; petroleum products; artificial or liquefied petroleum;
manufactured, mixed, or natural gas; synthetic or liquefied natural
gas; propane gas; coal; steam; hot water; or other substances.
"Underground utility facility" includes all operational
underground pipes, sewers, tubing, conduits, cables, valves, lines,
wires, worker access holes, and attachments, owned by any person,
firm, or company. "Underground utility facility" does not
include a private septic system in a one-family or multi-family
dwelling utilized only for that dwelling and not connected to any
other system.

(C)
"Utility" means any owner or operator, or an agent of an
owner or operator, of an underground utility facility, including any
public authority, that owns or operates an underground utility
facility. "Utility" does not include the owners of the
following types of real property with respect to any underground
utility facility located on that property:

(1)
The owner of a single-family or two-, three-, or four-unit
residential dwelling;

(2)
The owner of an apartment complex;

(3)
The owner of a commercial or industrial building or complex of
buildings, including but not limited to, factories and shopping
centers;

(4)
The owner of a farm;

(5)
The owner of an exempt domestic well as defined in section 1509.01 of
the Revised Code.

(D)
"Approximate location" means the immediate area within the
perimeter of a proposed excavation site where the underground utility
facilities are located.

(E)
"Tolerance zone" means the site of the underground utility
facility including the width of the underground utility facility plus
eighteen inches on each side of the facility.

(F)
"Working days"
excludes
Saturdays, Sundays,
begin
at midnight, end at eleven fifty-nine p.m. on the same date, and
exclude weekends
and
legal holidays as defined in section 1.14 of the Revised Code and
"hours" excludes hours on
Saturdays,
Sundays,
weekends

and
legal holidays.

(G)
"Designer" means an engineer, architect, landscape
architect, contractor, surveyor, or other person who develops plans
or designs for real property improvement or any other activity that
will involve excavation.

(H)
"Developer" means the person for whom the excavation is
made and who will own or be the lessee of any improvement that is the
object of the excavation.

(I)
"Excavation" means the use of hand tools, powered
equipment, or explosives to move earth, rock, or other materials in
order to penetrate or bore or drill into the earth, or to demolish
any structure whether or not it is intended that the demolition will
disturb the earth. "Excavation" includes such agricultural
operations as the installation of drain tile, but excludes
agricultural operations such as tilling that do not penetrate the
earth to a depth of more than twelve inches.
"Excavation"
excludes any activity by a governmental entity which does not
penetrate the earth to a depth of more than twelve inches.

"Excavation"
excludes
coal

mining
and reclamation operations regulated under
Chapter

Chapters

1513.

and 1514.

of the Revised Code and rules adopted under it.
"Excavation"
excludes all of the following activities when performed in the public
or utility right-of-way:

(1)
Milling and grinding of road surfaces up to the following depths
without penetrating the earth or sub-base:

(a)
For interstate routes, twelve inches;

(b)
For multi-lane routes outside of municipal corporations, whether
divided or undivided, six inches;

(c)
For multi-lane divided routes inside municipal corporations, six
inches;

(d)
For all other roadways, six inches.

(2)
Utility wood pole inspection utilizing hand tools to excavate to a
depth that does not penetrate the earth more than twelve inches and
working on the clear side of poles, greater than ninety degrees from
any risers;

(3)
Tilling for sowing of grass and wildflower coverings to a depth that
does not penetrate the earth more than four inches for erosion
control or beautification purposes;

(4)
Placement of temporary signage, without penetrating the earth more
than four inches;

(5)
Localized pavement repairs on all areas outside municipal
corporations, without penetrating the earth or sub-base, to a depth
not greater than twelve inches;

(6)
Any activity conducted solely in response to a valid notification,
provided that such activity is performed exclusively by means of hand
tools. This exemption shall apply irrespective of whether the
activity occurs within or outside the boundaries of a road
right-of-way. If a transmission facility is within the scope of the
notification, coordination between the responding party and the
transmission facility owner must take place for this exemption to
exist.

(7)
Activities conducted entirely within twelve inches in any horizontal
direction and twelve inches in any vertical direction from an
existing, exposed, or visible utility appurtenances, as defined in
division (Z) of this section, provided such activities are performed
exclusively with hand tools and do not otherwise disturb the
surrounding subsurface area. This exemption shall apply irrespective
of whether the activity occurs within or outside the boundaries of
the road right-of-way.

(J)
"Excavation site" means the area within which excavation
will be performed.

(K)
"Excavator" means the person or persons responsible for
making the actual excavation.

(L)
"Interstate gas pipeline" means an interstate gas pipeline
subject to the "Natural Gas Pipeline Safety Act of 1968,"
82 Stat. 720, 49 U.S.C. 1671, as amended.

(M)
"Interstate hazardous liquids pipeline" means an interstate
hazardous liquids pipeline subject to the "Hazardous Liquid
Pipeline Safety Act of 1979," 93 Stat. 1003, 49 U.S.C. 2002, as
amended.

(N)
"Special notification requirements" means requirements for
notice to an owner of an interstate hazardous liquids pipeline or an
interstate gas pipeline that must be made prior to commencing
excavation and pursuant to the owner's public safety program adopted
under federal law.

(O)
"Commercial excavator" means any excavator, excluding a
utility as defined in this section, that satisfies both of the
following:

(1)
For compensation, performs, directs, supervises, or is responsible
for the excavation, construction, improvement, renovation, repair, or
maintenance on a construction project and holds out or represents
oneself as qualified or permitted to act as such;

(2)
Employs tradespersons who actually perform excavation, construction,
improvement, renovation, repair, or maintenance on a construction
project.

(P)
"Person" has the same meaning as in section 1.59 of the
Revised Code and also includes a public authority.

(Q)
"Positive response system" means an automated system
facilitated by a protection service allowing a utility to communicate
to an excavator the presence or absence of any conflict between the
existing underground utility facilities and the proposed excavation
site.

(R)
"One-call notification system" means the software or
communications system used by a protection system to notify its
membership of proposed excavation sites.

(S)
"Project" means any undertaking by a private party of an
improvement requiring excavation.

(T)
"Public authority" has the same meaning as in section
153.64 of the Revised Code.

(U)
"Improvement" means any construction, reconstruction,
improvement, enlargement, alteration, or repair of a building,
highway, drainage system, water system, road, street, alley, sewer,
ditch, sewage disposal plant, water works, and all other structures
or works of any nature.

(V)
"Emergency" means an unexpected occurrence causing a
disruption or damage to an underground utility facility that requires
immediate repair or a situation that creates a clear and imminent
danger that demands immediate action to prevent or mitigate loss of
or damage to life, health, property, or essential public services.

(W)
"Nondestructive manner" means using low-impact, low-risk
technologies such as hand tools, or hydro or air vacuum excavation
equipment.

(X)
"Cable service provider" has the same meaning as in section
1332.01 of the Revised Code.

(Y)
"Electric cooperative" and "electric utility"
have the same meanings as in section 4928.01 of the Revised Code.

(Z)
"Utility appurtenances" means the physical components and
legal rights attached to a property that are necessary for providing
utility services such as water, electricity, gas, communications, and
sewage. These include items like, but not limited to, utility poles,
meters, valves, and electrical boxes, as well as easements that allow
utility companies to access the property for installation,
maintenance, and repair. They are essential for the property's use
and typically transfer with ownership.

(AA)
"Localized pavement repair" means repair of areas of
pavement requiring deeper removal in order to correct a pavement
deficiency that is not common or cannot be sufficiently repaired in
the overall pavement milling area of work.

Sec.
3781.26.
(A)
Each utility that owns or operates underground utility facilities
shall participate in and register the location of its underground
utility facilities with a protection service that serves the area
where the facilities are located.
A
utility may elect to participate in the service on a limited basis
and if it does so, it shall register the location of its underground
utility facilities by identifying the municipal corporations, and
outside the limits of a municipal corporation, the townships by
county and, where applicable, the immediate geographic area in which
it has facilities. The service shall establish reasonable fees for
limited basis participants.

(B)
Protection services, utilities, commercial excavators, excavation
equipment dealers, the public utilities commission of Ohio, the board
of building standards, local law enforcement agencies, and fire
departments should publicize the importance of ascertaining the
location of underground utility facilities before excavating and the
use of protection services to ascertain that information.

(C)
A protection service shall maintain records of notifications received
from developers, designers, and excavators, and of its notifications
made to utilities, developers, designers, and excavators, under
sections 3781.27 and 3781.28 of the Revised Code. The records of a
protection service shall identify by reference number, the
notifications it received regarding a proposed excavation site, the
notifications it provided regarding a proposed excavation site, and
the date and time of each notification.

(D)
Each utility fully participating in a protection service pursuant to
this section shall also participate in its affiliated positive
response system.
Each
utility participating in a protection service on a limited basis
shall directly communicate to the excavator the presence or absence
of any conflict between the existing underground utility facilities
and the proposed excavation site.

Sec.
3781.261.
(A)

An
excavator, contractor,

utility, designer, engineer, developer,

or utility

locator

that
utilizes a protection service
who
has responsibility to the 811 notification process
shall
obtain training in the protection of underground utility facilities.

An excavator, contractor, or utility shall be deemed to have obtained
that training if the excavator, contractor, or utility is a member of
a protection service or a statewide association representing
excavators, contractors, or utilities and the service or association
provides that training. An excavator, contractor, or utility also may
obtain the training from such a service or association without
becoming a member.

(B)
Employers shall provide training at the time of initial assignment.
Retraining of each employee shall occur every five years thereafter,
or whenever changes occur to Chapters 3781. or 4913. of the Revised
Code.

(C)
Employee training provided and training successfully completed shall
be documented and retained by the employer. Employee training
requirements shall include the following topics:

(1)
The one-call OHIO811 notification process;

(2)
Responsibilities of utilities and excavators;

(3)
Positive response system;

(4)
The Ohio universal marking standards;

(5)
The laws and regulations described in sections 153.64 and 3781.25 to
3781.34 of the Revised Code.

Sec.
3781.27.
(A)
In order to ascertain the name of each utility with underground
utility facilities located at the proposed excavation site and the
types and tolerance zones of those facilities based on current
records of the utility, any developer who is planning a project that
will require excavation or the designer employed by the developer for
the project shall notify a protection service of the location of the
proposed excavation site.

(B)

Except
in the case of limited basis participants, the
The

protection
service shall provide notice of the proposed excavation to each
participant in the service that has underground utility facilities in
the area of the proposed excavation site.
Except
as provided in section 3781.271 of the Revised Code, in the case of
limited basis participants, the protection service shall notify the
developer or the designer employed by the developer of the name of
each limited basis participant with underground utility facilities
within the municipal corporation or township and county of the
proposed excavation site, and the developer or designer shall contact
that utility.

(C)(1)
Each utility that has any underground utility facilities in the area
of the proposed excavation site shall notify the developer or the
designer employed by the developer of the locations and description
of the utility's underground utility facilities located at the
proposed excavation site in accordance with division (C)(2) of this
section. The utility shall make this notification within ten working
days of receiving a notice under division (B) of this section or by a
later date acceptable to the developer or designer and utility. If
the proposed project is within six hundred sixty feet of the center
point of an interstate hazardous liquid pipeline or an interstate gas
pipeline, the utility shall provide written notice to the developer
or designer of any special notification requirements and identify its
primary contact person for the project area.

(2)
If requested by the developer or the designer employed by the
developer, each utility shall do one of the following in order to
comply with the notification requirements of division (C)(1) of this
section:

(a)
Mark the location of the underground utility facilities, other than
those facilities serving single-family or two-, three-, or four-unit
dwellings, at the proposed excavation site in accordance with the
marking standards described in division (C) of section 3781.29 of the
Revised Code;

(b)
Provide digital or paper drawings, or both, that meet both of the
following requirements:

(i)
They are drawn to scale and include locatable items. Locatable items
may include poles, pedestals, back of curb, sidewalk, edge of
pavement, centerline of ditch, property lines, and other similar
items.

(ii)
They depict the location of the underground utility facilities.

(3)
In the case of an interstate hazardous pipeline and an interstate gas
pipeline, the utility shall also provide the location and description
of any right-of-way associated with the underground utility
facilities as well as pipeline location information, such as
providing documents reflecting the actual location of the pipeline,
marking facilities on design drawings, and providing maps.

Compliance
with divisions (C)(2) and (3) of this section does not relieve a
utility from compliance with the marking requirements of section
3781.29 of the Revised Code.

(D)
The utility shall determine if any relocation, support, or removal,
or protective steps beyond those described in divisions (A)(1) to (5)
of section 3781.30 of the Revised Code are required in order to
prevent disturbance or interference with the underground utility
facilities during excavation. The utility shall determine whether it
will permit the developer or the designer employed by the developer
to make those adjustments, and, if the adjustments are to be made by
the utility, a reasonable amount of time necessary to make those
adjustments.

(E)(1)
Based on the information provided pursuant to division (C) of this
section, the developer or the designer employed by the developer
shall indicate the approximate locations of underground utility
facilities either on or with the plans prepared for the project. The
developer or designer shall include with the plans the names,
addresses, and telephone numbers of utilities with underground
facilities at the excavation site
,
indicating which utilities are limited basis participants
;
the name and telephone number of any appropriate protection service;
and any required adjustments as described in division (D) of this
section, including the reasonable time necessary for the utility to
make those adjustments. In the case of an interstate hazardous liquid
pipeline or an interstate gas pipeline, the developer or designer
also shall include all of the following:

(a)
Any special notification requirements;

(b)
The name and contact information of the primary contact person for
each pipeline operator who has provided notice to the developer or
designer under division (C)(1) of this section;

(c)
Notice stating that the developer or designer has utilized reasonable
means to contact the pipeline operator to verify the location of the
pipeline and pipeline rights-of-way. Developers and designers who
provide notice to the protection service in accordance with division
(A) of this section are deemed to have complied with the notification
requirement under this division.

(d)
Notice that the developer or designer has reviewed, or attempted to
review, preliminary information about the proposed development with
the pipeline operator and incorporated requested adjustments into the
plans.

(2)(a)
Except as otherwise provided in division (E)(2)(b) of this section,
the developer or designer shall provide the plans to the commercial
excavator prior to entering into a contract that involves such
excavation. If the developer does not prepare written plans or have
any written plans prepared, the developer shall otherwise provide the
approximate locations, identifying information on the utilities,
information on required adjustments, and any special notification
requirements to the commercial excavator before excavation begins.

(b)
When the developer is a utility, the utility shall provide either the
plans or the approximate locations, identifying information on the
utilities, information on required adjustments, and any special
notification requirements to the excavator before excavation begins.

(3)
The developer or designer shall design the project taking into
account the approximate location of existing underground utility
facilities in order to prevent, as far as is practicable, disturbance
or interference with those facilities.

(4)
When a project includes installation of new underground utility
facilities, the developer or designer shall attempt to design the
installation so that at least a twelve-inch clearance is provided
between the facilities. No facility shall be installed with less than
a twelve-inch clearance unless the owners of existing facilities are
notified, in writing, prior to installation.

(F)(1)
This section does not apply in the case of a utility making emergency
repair to its own underground utility facility.

(2)
This section does not apply in the case of the owner of the types of
real property identified in divisions (C)(1) to (4) of section
3781.25 of the Revised Code, unless the owner employs a designer to
make written plans for work that will involve excavation. If the
owner employs a designer, the designer shall contact a protection
service
and
utilities that are limited basis participants
in
accordance with divisions (A) and (B) of this section, and shall
include in or with the plans the information required under division
(E) of this section. The owner shall provide that information to the
excavator.

(G)
A public authority, as defined in section 153.64 of the Revised Code,
may withhold approval to a project until the requirements of this
section have been satisfied by the developer and utility, as
applicable. A public authority may rely solely upon the notice
submitted under division (E) of this section when determining whether
the requirements of this section have been satisfied for purposes of
granting final approval of such development. A public authority is
immune from liability related to the approval or construction of such
development when the approval is based upon information as provided
in this division.

Sec.
3781.271.
(A)

Beginning
on July 1, 2013, each protection service shall reasonably modify its
one-call notification system so as to permit the reasonable
identification of the location of a proposed excavation site

in a manner in which the protection service may then notify any
potentially affected limited basis participants
.
Each member of a protection service
,
including limited basis participants,

shall be responsible for providing current contact information to the
protection service.

(B)
The protection service shall create and maintain a centralized
database for the purpose of collecting and tracking underground
facility damage notifications made in accordance with divisions
(A)(6), (7), and (8) of section 3781.30 of the Revised Code.

(C)
Compiled, nonconfidential damage data shall be made publicly
available on the protection service's web site for the purpose of
improving excavation safety, damage prevention education, and
transparency.

(D)(1)
All reports made pursuant to divisions (A)(6) and (8) of section
3781.30 of the Revised Code shall be made available to the public
utilities commission upon request.

(2)
Information contained in such reports provided to the commission
shall be held as confidential, except when disclosed under section
4901.16 of the Revised Code or when requested by the underground
technical committee as part of a report prepared pursuant to section
4913.13 of the Revised Code.

Sec.
3781.28.
(A)
Except as otherwise provided in divisions (C), (D), (E), and (F) of
this section,
at
least forty-eight hours but not more than ten working days before
commencing excavation,
at
least two working days, not including the day of the notification,
but not more than sixteen calendar days before commencing excavation,

the
excavator shall notify
a

the

protection
service of the location of the excavation site and the date on which
excavation is planned to commence.

(B)
On receipt of notice under division (A) of this section, the
protection service shall provide to each utility with underground
utility facilities located at the excavation site, notice of the
proposed excavation.

(C)
In the case of an interstate hazardous liquids pipeline or interstate
gas pipeline, the excavator shall comply with the special notice
requirements of the public safety program of the owner of the
pipeline as indicated in the plans or otherwise provided to the
excavator in accordance with division (E) or (F)(2) of section
3781.27 of the Revised Code.

(D)
If it has been determined pursuant to division (D) of section 3781.27
of the Revised Code that relocation, support, removal, or protective
steps are necessary, the excavator shall provide earlier notice to
the utility in order to provide the utility with reasonable time to
coordinate making the adjustments with actual excavation.

(E)
If an excavation will cover a large area and will progress from one
area to the next over a period of time, the excavator shall provide
written notice of excavation with projected timelines for segments of
the excavation as the excavation progresses in order to coordinate
the marking of underground utility facilities with actual excavation
schedules. Under such circumstances, the utility and excavator shall
determine a mutually agreed upon marking schedule based on the
project schedule. Once such a schedule is established, the marking
and notification requirements set forth in division (A)(1) of section
3781.29 of the Revised Code shall not apply.

(F)(1)
In the case of a utility that is making an emergency repair to its
own underground utility system or a governmental entity making an
underground emergency repair to traffic control devices, as defined
in section 4511.01 of the Revised Code, used on any street or highway
under the entity's jurisdiction, the utility or governmental entity
shall notify a protection service
and
each limited basis participant
of
the excavation site. This notice need not occur before commencing
excavation.

(2)
In the case of an excavation at the site of real property of the type
described in divisions (C)(1) to (4) of section 3781.25 of the
Revised Code:

(a)
If the owner of the property is the excavator, this section does not
apply unless the excavation is planned for an area where a utility
easement is located, a public right-of-way, or where utility
facilities are known to serve the property.

(b)
If the owner of the property employs an excavator, the excavator
shall comply with the requirements of this section. If the owner did
not employ a designer to make written plans, the excavator shall
provide the notice required under this section to a protection
service

and to each utility that is a limited basis participant in a
protection service that has underground utility facilities within the
municipal corporation or township and county of the excavation site,
as indicated by the protection service
.

Sec.
3781.29.
(A)(1)
Except as otherwise provided in division (A)(2) of this section,
within
forty-eight
hours
at
least two working days, not including the day of the notification,
of
receiving notice under section 3781.28 of the Revised Code, each
utility shall review the status of its facilities within the
excavation site, locate and mark its underground utility facilities
at the excavation site in such a manner as to indicate their course,
and report the appropriate information to the protection service for
its positive response system. If a utility does not mark its
underground utility facilities or contact the excavator within that
time, the utility is deemed to have given notice that it does not
have any facilities at the excavation site. If the utility cannot
accurately mark the facilities, the utility shall mark them to the
best of its ability, notify the excavator using the positive response
system that the markings may not be accurate, and provide additional
guidance to the excavator in locating the facilities as needed during
the excavation.

(2)
In the case of an interstate hazardous liquids pipeline or an
interstate gas pipeline, the owner of the pipeline shall locate and
mark its pipeline within the time frame established in the public
safety program of the owner.

(B)
Unless a facility actually is uncovered or probed by the utility or
excavator, any indications of the depth of the facility shall be
treated as estimates only. (C)(1) Except as provided in division
(C)(2) of this section, a utility shall mark its underground
facilities using the following color codes:

1

2

A

Type
of Underground Utility Facility

Color

B

Electric
power transmission and distribution

Safety
red

C

Gas
transmission and distribution

High
visibility safety yellow

D

Oil
transmission and distribution

High
visibility safety yellow

E

Dangerous
materials, product lines, and steam lines

High
visibility safety yellow

F

Telephone
systems

Safety
alert orange

G

Police
and fire communications

Safety
alert orange

H

Cable
television

Safety
alert orange

I

Water
systems

Safety
precaution blue

J

Slurry
systems

Safety
precaution purple

K

Sewer
lines

Safety
green.

(2)
All underground facilities shall be marked in accordance with the
Ohio universal marking standards that are on file with the Ohio
utilities protection service. Industry representatives serving on
Ohio damage prevention councils shall review the marking standards
every two years.

(D)
Except as otherwise provided in divisions (E) and (F) of this
section, prior to notifying a protection service of the proposed
excavation, an excavator shall define and premark the approximate
location. Proposed construction or excavation markings shall be made
in white through the use of an industry-recognized method such as
chalk-based paint, flags, stakes, or other method applicable to the
specific site and when possible shall indicate the excavator's
identity by name, abbreviation, or initial.

(E)(1)
Before beginning an emergency excavation, or as soon as possible
thereafter, an excavator shall make every effort to notify a
protection service of the excavation. In providing notification, the
excavator shall provide, at a minimum:

(a)
The name of the individual notifying the protection service;

(b)
The name, address, any electronic mail address, and telephone numbers
of the excavator;

(c)
The specific location of the excavation site;

(d)
A description of the excavation.

(2)
Upon receiving the information set forth in division (E)(1) of this
section, the protection service shall provide the excavator with a
reference number and a list of utilities that the protection service
intends to notify. The protection service shall immediately notify
each utility that according to the registration information provided
under section 3781.26 of the Revised Code has facilities located
within the designated area of the emergency excavation.

(3)
Any utility notified of an emergency excavation may inspect all of
its underground utility facilities located at the emergency
excavation site and may take any otherwise lawful action it considers
necessary to prevent disturbance to or interference with its
facilities during excavation.

(F)
An excavator is not required to premark the approximate location of
an excavation as provided in division (D) of this section in any of
the following situations:

(1)
The utility can determine the precise location, direction, size, and
length of the proposed excavation site by referring to the
notification provided by the protection service pursuant to sections
3781.27 and 3781.28 of the Revised Code.

(2)
The excavator and the affected utility have had an on-site,
preconstruction meeting for the purpose of premarking the excavation
site.

(3)
The excavation involves replacing a pole that is within five feet of
the location of an existing pole.

(4)
Premarking by the excavator would clearly interfere with pedestrian
or vehicular traffic control.

Sec.
3781.30.
(A)
When making excavations using traditional or trenchless technologies,
the excavator shall do all of the following:

(1)
Maintain reasonable clearance between any underground facility and
the cutting edge or point of powered equipment;

(2)
Protect and preserve the markings of tolerance zones of underground
utility facilities until those markings are no longer required for
proper and safe excavations;

(3)
When approaching and excavating within the tolerance zone of
underground utility facilities with powered equipment, require an
individual other than the equipment operator, to visually monitor the
excavation activity for any indication of the underground utility
facility;

(4)
Conduct the excavation within the tolerance zone of underground
utility facilities in a careful, prudent, and nondestructive manner,
when necessary, in order to prevent damage;

(5)
Excavate up to the total depth of the excavation to either determine
the precise location of underground utility facilities or verify that
the total depth of excavation is free of such facilities;

(6)
As soon as any damage is discovered, including gouges, dents, or
breaks to coatings, cable sheathes, and cathodic protection anodes or
wiring, report the type and location of the damage to the utility

and
the protection service

and permit the utility a reasonable amount of time to make necessary
repairs
;
.
If the owner or operator of the utility facility is unknown,
notification to the protection service satisfies the excavator's
reporting requirement to the utility under this section.

(7)
Immediately report to the utility, the protection service, and, if
necessary, to the appropriate
law
enforcement agencies and fire departments
emergency
response agencies
by
calling 9-1-1, any damage to an underground utility facility that
results in escaping flammable, corrosive, explosive, or toxic liquids
or gas, and take reasonable appropriate actions needed to protect
persons and property and to minimize safety hazards until those
agencies and departments and the utility arrive at the scene.

If the owner or operator of the utility facility is unknown,
notification to the protection service satisfies the excavator's
reporting requirement to the utility under this section.

(8)
In complying with divisions (A)(6) and (7) of this section, damage
information reporting shall, at a minimum, include all of the
following:

(a)
The location or address where the damaged underground facility is
located;

(b)
The type of underground utility facility damaged, including the
approximate size, material type and color, if available;

(c)
The approximate depth at which the damaged underground utility
facility was encountered.

(B)
When utilizing trenchless excavation methods, the excavator must
comply with the following requirements, in a manner consistent with
division (A) of this section:

(1)
Expose and confirm all underground utility facilities at each
crossing point by the proposed excavation in a nondestructive manner
to the installation depth of the new facility;

(2)
Expose all parallel underground utility facilities in a
nondestructive manner at the beginning and end of each trenchless
excavation to the installation depth of the new facility. If the
proposed alignment is within the tolerance zone of any parallel
underground utility facility, the underground utility facility shall
be exposed every one hundred feet.

(3)
Ensure that the final product installation maintains the proper
clearances of existing underground utility facilities as determined
pursuant to division (E)(4) of section 3781.27 of the Revised Code.

Sec.
4913.01.
As
used in this chapter:

(A)
"Aggrieved person" means a person with duties and
obligations under sections 153.64
,
3781.27, and 3781.28

and 3781.25
to
3781.32 of the Revised Code and divisions (A) and (B) of section
3781.26 of the Revised Code and who is directly involved with or
impacted by the alleged compliance failure, as identified in the
request for inquiry, of another person with duties and obligations
under sections 153.64
,
3781.27, and 3781.28

and 3781.25
to
3781.32 of the Revised Code

and divisions (A) and (B) of section 3781.26 of the Revised Code
.

"Aggrieved person" includes any person when the alleged
compliance failure is a failure to comply with the reporting
requirements prescribed in divisions (A)(6) and (8) of section
3781.30 of the Revised Code.

(B)
"Compliance failure" means a failure to comply with any
provision of sections 153.64
,
3781.27, and 3781.28

and 3781.25
to
3781.32 of the Revised Code

and divisions (A) and (B) of section 3781.26 of the Revised Code
.

(C)
"Designer," "developer," "excavation,"
"excavator," "one-call notification system,"
"person," "protection service," "underground
utility facility
",
,"

and "utility" have the same meanings as in section 3781.25
of the Revised Code.

Section
2.
That existing sections 153.64,
3781.25, 3781.26, 3781.261, 3781.27, 3781.271, 3781.28, 3781.29
,
3781.30
,
and 4913.01 of the Revised Code are hereby repealed.

Speaker
___________________ of the House of Representatives.

President
___________________ of the Senate.

Passed
________________________, 20____

Approved
________________________, 20____

Governor.

The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.

Director, Legislative
Service Commission.

Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.

Secretary of State.

File
No. _________ Effective Date ___________________