Safe excavation

AN ACT Relating to improving safe excavation practices and 1
preventing damage to underground utilities; amending RCW 19.122.010, 2
19.122.020, 19.122.027, 19.122.030, 19.122.031, 19.122.040, 3
19.122.050, 19.122.055, 19.122.070, 19.122.090, 19.122.100, 4
19.122.130, and 19.122.150; adding a new section to chapter 19.122 5
RCW; and prescribing penalties. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
Sec. 1. RCW 19.122.010 and 2011 c 263 s 1 are each amended to 8
read as follows: 9
In this chapter, the underground utility damage prevention act, 10
the legislature intends to protect public health and safety and 11
prevent disruption of vital utility services through a comprehensive 12
damage prevention program that includes: 13
(1) Assigning responsibility for providing notice of proposed 14
excavation, free locating and marking underground utilities, and 15
reporting and repairing damage; 16
(2) Setting safeguards for construction and excavation near 17
hazardous liquid and gas pipelines; 18
(3) Improving worker and public knowledge of safe practices;19
(4) Collecting and analyzing damage data; 20
(5) Reviewing alleged violations; and 21
S-0499.1
SENATE BILL 5627
State of Washington 69th Legislature 2025 Regular Session
By Senators Ramos, Harris, Wellman, Shewmake, J. Wilson, Hasegawa,
and Nobles
Read first time 01/31/25. Referred to Committee on Environment,
Energy & Technology.
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(6) Enforcing this chapter. 1
Sec. 2. RCW 19.122.020 and 2020 c 162 s 1 are each amended to 2
read as follows: 3
The definitions in this section apply throughout this chapter 4
unless the context clearly requires otherwise. 5
(1) "Bar hole" means a hole made in the soil or pavement with a 6
hand-operated bar for the specific purpose of testing the subsurface 7
atmosphere with a combustible gas indicator. 8
(2) "Business day" means any day other than Saturday, Sunday, or 9
a legal local, state, or federal holiday. 10
(3) "Commission" means the utilities and transportation 11
commission. 12
(4) "Damage" includes the substantial weakening of structural or 13
lateral support of an underground facility, penetration, impairment, 14
or destruction of any underground protective coating, housing, or 15
other protective device, or the severance, partial or complete, of 16
any underground facility to the extent that the project owner or the 17
affected facility operator determines that repairs are required.18
(5) "Emergency" means any condition constituting a clear and 19
present danger to life , health, or property, or a customer service 20
outage due to an unplanned utility outage that requires immediate 21
action where an excavator or facility operator has a crew onsite or 22
enroute. 23
(6) "End user" means any utility customer or consumer of utility 24
services or commodities provided by a facility operator. An "end 25
user" does not include a person or entity that owns, operates, or 26
maintains underground facilities in a public right-of-way.27
(7) "Equipment operator" means an individual conducting an 28
excavation. 29
(8) "Excavation" and "excavate" means any operation, including 30
the installation of signs, in which earth, rock, or other material on 31
or below the ground is moved or otherwise displaced by any means.32
(9) "Excavation confirmation code" means a code or ticket issued 33
by a one-number locator service for the site where an excavation is 34
planned. The code must be accompanied by the date and time it was 35
issued and the work-to-begin date on the notice as provided in RCW 36
19.122.030(2). The excavation confirmation code is not valid until 37
the work-to-begin date. 38
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(10) "Excavator" means any person who engages directly in 1
excavation. 2
(11) "Facility operator" means any person who owns an underground 3
facility or is in the business of supplying any utility service or 4
commodity for compensation. "Facility operator" does not include a 5
utility customer who owns a service lateral that terminates at a 6
facility operator's main utility line. 7
(12) "Gas" means natural gas, flammable gas, or toxic or 8
corrosive gas. 9
(13) "Hazardous liquid" means: 10
(a) Petroleum, petroleum products, or anhydrous ammonia as those 11
terms are defined in 49 C.F.R. Part 195 as in effect on March 1, 12
1998; 13
(b) Carbon dioxide; and 14
(c) Other substances designated as hazardous by the secretary of 15
transportation and incorporated by reference by the commission by 16
rule. 17
(14) "Identified but unlocatable underground facility" means an 18
underground facility which has been identified but cannot be located 19
with reasonable accuracy. 20
(15) "Large project" means a project that exceeds seven hundred 21
linear feet. 22
(16) "Locatable underground facility" means an underground 23
facility which can be marked with reasonable accuracy.24
(17) "Marking" means the use of stakes, paint, or other clearly 25
identifiable materials to show the field location of underground 26
facilities, in accordance with the current color code standard of the 27
American public works association. Markings shall include 28
identification letters indicating the specific type , width, and 29
identification of the operator of the underground facility. Locate 30
marks are not required to indicate the depth of the underground 31
facility given the potential change of topography over time.32
(18) "Notice" or "notify" means contact in person or by telephone 33
or other electronic method, and, with respect to contact of a one-34
number locator service, also results in the receipt of ((a valid)) an 35
excavation confirmation code. 36
(19) "One-number locator service" means a service through which a 37
person can notify facility operators and request marking of 38
underground facilities and includes the web-based platform required 39
under RCW 19.122.027(1). 40
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(20) "Person" means an individual, partnership, franchise holder, 1
association, corporation, the state, a city, a county, a town, or any 2
subdivision or instrumentality of the state, including any unit of 3
local government, and its employees, agents, or legal 4
representatives. 5
(21) "Pipeline" or "pipeline system" means all or parts of a 6
pipeline facility through which hazardous liquid or gas moves in 7
transportation, including, but not limited to, line pipe, valves, and 8
other appurtenances connected to line pipe, pumping units, fabricated 9
assemblies associated with pumping or compressor units, metering and 10
delivery stations and fabricated assemblies therein, and breakout 11
tanks. "Pipeline" or "pipeline system" does not include process or 12
transfer pipelines. 13
(22) "Pipeline company" means a person or entity constructing, 14
owning, or operating a pipeline for transporting hazardous liquid or 15
gas. "Pipeline company" does not include: 16
(a) Distribution systems owned and operated under franchise for 17
the sale, delivery, or distribution of natural gas at retail; or18
(b) Excavation contractors or other contractors that contract 19
with a pipeline company. 20
(23) "Reasonable accuracy" means location within twenty-four 21
inches of the outside dimensions of both sides of an underground 22
facility. 23
(24) "Service lateral" means an underground water, stormwater, or 24
sewer facility located in a public right-of-way or utility easement 25
that connects an end user's building or property to a facility 26
operator's underground facility, and terminates beyond the public 27
right-of-way or utility easement. 28
(25) "Transfer pipeline" means a buried or aboveground pipeline 29
used to carry hazardous liquid between a tank vessel or transmission 30
pipeline and the first valve inside secondary containment at a 31
facility, provided that any discharge on the facility side of the 32
first valve will not directly impact waters of the state. "Transfer 33
pipeline" includes valves and other appurtenances connected to the 34
pipeline, pumping units, and fabricated assemblies associated with 35
pumping units. "Transfer pipeline" does not include process 36
pipelines, pipelines carrying ballast or bilge water, transmission 37
pipelines, or tank vessel or storage tanks. 38
(26) "Transmission pipeline" means a pipeline that transports 39
hazardous liquid or gas within a storage field, or transports 40
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hazardous liquid or gas from an interstate pipeline or storage 1
facility to a distribution main or a large volume hazardous liquid or 2
gas user, or operates at a hoop stress of twenty percent or more of 3
the specified minimum yield strength. 4
(27) "Underground facility" means any item buried or placed below 5
ground for use in connection with the storage or conveyance of water, 6
sewage, electronic, telephonic or telegraphic communications, 7
cablevision, electric energy, petroleum products, gas, gaseous 8
vapors, hazardous liquids, or other substances and including but not 9
limited to pipes, sewers, conduits, cables, valves, lines, wires, 10
manholes, attachments, and those parts of poles or anchors that are 11
below ground. This definition does not include pipelines as defined 12
in subsection (21) of this section, but does include distribution 13
systems owned and operated under franchise for the sale, delivery, or 14
distribution of natural gas at retail. 15
(28) "Unlocatable underground facility" means, subject to the 16
provisions of RCW 19.122.030, an underground facility that cannot be 17
marked with reasonable accuracy using available information to 18
designate the location of an underground facility. "Unlocatable 19
underground facility" includes, but is not limited to, service 20
laterals, storm drains, and nonconductive and nonmetallic underground 21
facilities that do not contain trace wires. 22
(29) "Utility easement" means a right held by a facility operator 23
to install, maintain, and access an underground facility or pipeline.24
(30) "Design locating" means locating for planning purposes. 25
"Design locating" does not include locating for excavation purposes.26
(31) "Force majeure" means: Natural disasters, including fire, 27
flood, earthquake, windstorm, avalanche, mudslide, and other similar 28
events; acts of war or civil unrest when an emergency has been 29
declared by appropriate governmental officials; acts of civil or 30
military authority; embargoes; epidemics; terrorist acts; riots; 31
insurrections; explosions; and nuclear accidents.32
(32) "General contractor" has the same meaning as defined in RCW 33
18.27.010.34
(33) "Hard surface" means an area covered with asphalt, concrete, 35
interlocking brick or block solid stone, wood, or any similar 36
impervious or nonporous material on the surface of the ground.37
(34) "Positive response" means a notification from the owner or 38
operator of the underground facility, or the owner's or operator's 39
authorized locating contractor, to the one-number locator service 40
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confirming that the facility owner, operator, or contracted locator 1
has completed marking or provided location information regarding 2
unlocatable facilities in response to a notice. 3
(35) "Safe and careful work methods" means methods of excavation, 4
including pot holing, hand digging when practical, vacuum excavation 5
methods, pneumatic hand tools, or other technical methods that may be 6
developed. 7
(36) "White lining" means the use of any white paint, flags, 8
stakes, whiskers, or other locally accepted method that is 9
distinguishable from the surrounding area. "White lining" also 10
includes the use of geometric polygons when a request is received 11
using an electronic mapping software.12
(37) "Work-to-begin date" means an identified date not less than 13
two full business days and not more than 10 full business days, not 14
including Saturdays, Sundays, legal local, state, or federal 15
holidays, from the date notice is given to a one-number locator 16
service.17
Sec. 3. RCW 19.122.027 and 2011 c 263 s 3 are each amended to 18
read as follows: 19
(1) The commission must establish a single statewide toll-free 20
telephone number to be used for referring excavators to the 21
appropriate one-number locator service. The one-number locator 22
service shall maintain a web-based platform that provides the same 23
services as the toll-free telephone number online. The web-based 24
platform must meet the requirements outlined in RCW 19.122.030 (1) 25
and (2). The web-based platform must be free of charge to those 26
requesting location of underground facilities and operated in the 27
same manner as the toll-free telephone number.28
(a) The web-based platform, to be sufficient for electronic 29
notice, must employ a digital mapping software that utilizes 30
sufficiently accurate geographic data that permits the excavator to 31
accurately place on an electronic map, markers designating the 32
intended area(s) of excavation.33
(b) The one-number locator service may permit multiple excavators 34
on a single notice, so long as each excavator is provided with an 35
individual and unique confirmation code.36
(c) The one-number locator service must require that an excavator 37
provide a work-to-begin date in the notice.38
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(2) The commission, in consultation with the ((Washington 1
utilities coordinating council )) the entity administering the one-2
number locator service , must establish minimum standards and best 3
management practices for one-number locator services.4
(3) One-number locator services must be operated by 5
nongovernmental agencies. 6
(4) All facility operators within a one-number locator service 7
area must subscribe to the service. 8
(5) Failure to subscribe to a one-number locator service 9
constitutes willful intent to avoid compliance with this chapter.10
NEW SECTION. Sec. 4. A new section is added to chapter 19.122 11
RCW to read as follows: 12
(1) Hazardous liquid and gas pipeline operators shall locate all 13
underground facilities as required under Title 49 C.F.R. Secs. 14
195.442(c)(5) and 192.614(c)(5) as they existed on the effective date 15
of this section, or such subsequent date as may be provided by the 16
commission by rule, consistent with the purpose of this section.17
(2) Except as provided in subsection (1) of this section, if an 18
operator does not visibly mark the location of unlocatable 19
underground utilities or facilities, or marks a triangle, the 20
operator shall provide information on the unlocatable facilities 21
approximate location, if known, and size, type of facility, and any 22
other known information that enables the excavator to use safe and 23
careful work methods to determine the approximate location of the 24
facility. The facility operator shall provide the excavator with 25
contact information for a facility representative who is not a 26
contract locator who can answer questions regarding the unlocatable 27
facility during the course of excavation. 28
(3) After January 1, 2027, facility operators shall make all 29
underground facilities installed after the effective date of this 30
section locatable underground facilities. 31
(4) Facility operators shall add location information for 32
unlocatable underground facilities, to a facility operator-maintained 33
mapping database within 30 calendar days of the date the facility 34
operator acquires location information for each previously 35
unlocatable underground facility. 36
(5) After December 31, 2025, facility operators shall maintain 37
maps, drawings, diagrams, or other records illustrating the location 38
of all underground facilities that the facility operator abandons or 39
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designates as out-of-service. If within the white-lined area in a 1
notice, the facility operator shall indicate the presence of these 2
facilities by marking the location of the abandoned or out-of-service 3
facilities with an "A" in a circle and include the size and type of 4
facility. 5
Sec. 5. RCW 19.122.030 and 2011 c 263 s 4 are each amended to 6
read as follows: 7
(1)(a) Unless exempted under RCW 19.122.031, before commencing 8
any excavation, an excavator must mark the boundary of the excavation 9
area with white ((paint)) lining or, when necessary, white pin flags, 10
applied on the ground of the worksite, then provide notice of the 11
scheduled commencement of excavation to all facility operators 12
through a one-number locator service . An excavator shall provide the 13
work-to-begin date in the notice provided to the one-number locator 14
service. Physical marking of the boundary of excavation is not 15
required when the excavator provides notice to a one-number locator 16
service through a web-based platform, in accordance with subsection 17
(2) of this section. Where notice is submitted using the web-based 18
platform, any physical markings on the site take priority to the 19
markings submitted using the online mapping software. Where 20
reasonable, excavators and facility operators shall adopt the 20th 21
version of the common ground alliance's best practices for locating, 22
marking, and excavating methods published in 2024, or such subsequent 23
versions as may be adopted by the commission by rule, consistent with 24
the purposes of this section.25
(b) If boundary marking required by (a) of this subsection is 26
infeasible, an excavator must ((communicate directly with affected 27
facility operators to ensure that the boundary of the excavation area 28
is accurately identified )) provide notice electronically to a one-29
number locator service using geographic mapping features as described 30
in (a) of this subsection. 31
(2)(a) An excavator must provide the notice required by 32
subsection (1) of this section to a one-number locator service not 33
less than two full business days and not more than ((ten)) 10 full 34
business days before the scheduled work-to-begin date ((for 35
commencement of excavation )), unless otherwise agreed by the 36
excavator and facility operators in writing. If an excavator intends 37
to work at multiple sites or at a large project, the excavator must 38
take reasonable steps to confer with facility operators to enable 39
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them to locate underground facilities reasonably in advance of the 1
start of excavation for each phase of the work. If notice is provided 2
through the web-based platform, such notice must contain electronic 3
mapping of the boundary of excavation as defined in RCW 4
19.122.027(1)(a). Submission of notice electronically without 5
sufficient geographic mapping is not notice under this chapter.6
(b) A general contractor may provide the notice required by 7
subsection (1) of this section on behalf of an excavator. A general 8
contractor may list multiple excavators in the notice if the notice 9
contains, for each excavator, the excavator's full legal name, phone 10
number, physical address, and company name, if applicable. The 11
excavator engaging in excavation is liable for all costs and 12
penalties resulting from damage caused by excavation. The excavator 13
engaging in excavation is liable for all costs and penalties that 14
result from damage from excavation that occurred because of failure 15
to follow the notice. If damage was the result of a flaw in the 16
notice, the general contractor who submitted the notice is liable for 17
all costs and penalties resulting from the damage.18
(3) Upon receipt of the notice provided for in subsection (1) of 19
this section, a facility operator must, with respect to:20
(a)(i) The facility operator's locatable underground facilities, 21
provide the excavator with reasonably accurate information by marking 22
((their)) facility location. Hazardous liquid and gas pipeline 23
operators are required to locate all facilities in accordance with 24
Title 49 C.F.R. Secs. 195.442 (c)(5) and 192.614(c)(5) as they existed 25
on the effective date of this section, or such subsequent date as may 26
be provided by the commission by rule, consistent with the purpose of 27
this section. This information must be provided free of charge 28
subject to the limitations in subsections (6)(b) and (8) of this 29
section, and the grant of authority in subsection (11) of this 30
section;31
(ii) In the event of force majeure, the facility operator's 32
deadline to mark underground facilities as provided in subsection 33
(4)(a) of this section, must be extended by an agreement in writing 34
between the affected parties. The facility operator shall notify the 35
excavator of the need for extension of the deadline as soon as 36
reasonable, but no later than the expiration of the deadline 37
established in subsection (4)(a) of this section; 38
(b) The facility operator's unlocatable or identified but 39
unlocatable underground facilities, provide the excavator with 40
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available information as to their location prior to the work-to-begin 1
date provided in the notice under subsection (1) of this section. For 2
any gas or hazardous liquid pipeline, locate all facilities in 3
accordance with Title 49 C.F.R. Secs. 195.442 (c)(5) and 192.614(c)(5) 4
as they existed on the effective date of this section, or such 5
subsequent date as may be provided by the commission by rule, 6
consistent with the purpose of this section; and 7
(c) Service laterals, designate their presence or location, if 8
the service laterals: 9
(i) Connect end users to the facility operator's main utility 10
line; and 11
(ii) Are within a public right-of-way or utility easement and the 12
boundary of the excavation area identified under subsection (1) of 13
this section. 14
(4)(a) A facility operator must provide information to an 15
excavator pursuant to subsection (3) of this section no later than 16
((two business days after the receipt of the notice provided for in 17
subsection (1) of this section or before excavation commences, at the 18
option of the facility operator, unless otherwise agreed by the 19
parties)) the work-to-begin date on the notice provided for in 20
subsection (1) and (2)(a) of this section, unless otherwise agreed by 21
written agreement between the facility operator and excavator.22
(b) A facility operator complying with subsection (3)(b) and (c) 23
of this section may do so in a manner that includes any of the 24
following methods: 25
(i) Placing within a proposed excavation area a triangular mark 26
at the main utility line pointing at the building, structure, or 27
property in question, indicating the presence of an unlocatable or 28
identified but unlocatable underground facility, including a service 29
lateral; 30
(ii) Arranging to meet an excavator at a worksite to provide 31
available information about the location of service laterals; or32
(iii) Providing copies of the best reasonably available records 33
by electronic message, mail, facsimile, or other delivery method.34
(c) A facility operator's good faith attempt to comply with 35
subsection (3)(b) and (c) of this section: 36
(i) Constitutes full compliance with the requirements of this 37
section, and no person may be found liable for damages or injuries 38
that may result from such compliance, apart from liability for 39
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arranging for repairs or relocation as provided in RCW 19.122.050(2); 1
and 2
(ii) Does not constitute any assertion of ownership or operation 3
of a service lateral by the facility operator. 4
(d) An end user is responsible for determining the location of a 5
service lateral on their property or a service lateral that they own. 6
An end user is responsible for locating on their own property the 7
underground facilities that they own. The one-number locator service 8
shall maintain a list of private-line locate service providers who 9
may be hired at the cost of the end user for the location of service 10
laterals. Nothing in this section may be interpreted to require an 11
end user to subscribe to a one-number locator service or to locate a 12
service lateral within a right-of-way or utility easement , except an 13
end user who is an owner, operator, or responsible party of a service 14
lateral or other underground facility in a public right-of-way shall 15
subscribe to a one-number locator service and comply with subsection 16
(3) of this section.17
(e) Facility operators may direct the one-number locator service 18
to send notices provided for in subsection (1) of this section to a 19
contract locator. The facility operator retains all legal 20
responsibility for compliance with this chapter. 21
(5) An excavator must not excavate until all known facility 22
operators have marked ((or provided information regarding )) their 23
locatable underground facilities or, in the case of nonhazardous 24
liquid or nongas pipeline facilities, provided information regarding 25
their unlocatable underground facilities as provided in this section. 26
An excavator may not commence excavation until the excavator has 27
received positive response from all operators with underground 28
facilities in the area identified in the notice.29
(6)(a) Once marked by a facility operator, an excavator is 30
responsible for maintaining the accuracy of the facility operator's 31
markings of underground facilities for the lesser of:32
(i) Forty-five calendar days from the date that the excavator 33
provided notice to a one-number locator service pursuant to 34
subsection (1) of this section; or 35
(ii) The duration of the excavation portion of the project.36
(b) An excavator that makes repeated requests for location of 37
underground facilities due to its failure to maintain the accuracy of 38
a facility operator's markings as required by this subsection (6) may 39
be charged by the facility operator for services provided.40
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(c) A facility operator's markings of underground utilities 1
expire forty-five calendar days from the date that the excavator 2
provided notice to a one-number locator service pursuant to 3
subsection (1) of this section. For excavation occurring after that 4
date, an excavator must provide additional notice to a one-number 5
locator service pursuant to subsection (1) of this section.6
(7) An excavator has the right to receive reasonable compensation 7
from a facility operator for costs incurred by the excavator if the 8
facility operator does not locate its underground facilities in 9
accordance with the requirements specified in this section.10
(8) A facility operator has the right to receive reasonable 11
compensation from an excavator for costs incurred by the facility 12
operator if the excavator does not comply with the requirements 13
specified in this section. 14
(9) A facility operator is not required to comply with subsection 15
(4) of this section with respect to service laterals conveying only 16
water if their presence can be determined from other visible water 17
facilities, such as water meters, water valve covers, and junction 18
boxes in or adjacent to the boundary of an excavation area identified 19
under subsection (1) of this section. 20
(10) If an excavator discovers underground facilities that are 21
not identified, the excavator must cease excavating in the vicinity 22
of the underground facilities and immediately notify the facility 23
operator ((or)) directly or through a one-number locator service. If 24
an excavator discovers identified but unlocatable underground 25
facilities, the excavator must notify the facility operator directly 26
or through a one-number locator service . Upon notification by a one-27
number locator service or an excavator, a facility operator must 28
allow for location of the uncovered portion of an underground 29
facility identified by the excavator, and may accept location 30
information from the excavator for marking of the underground 31
facility. 32
(11) Each facility operator shall provide to a one-number locator 33
service directions on how a requestor may obtain, for design 34
locating, information regarding the location of underground 35
facilities. For the purpose of this subsection, a "requestor" is any 36
person seeking the location of underground facilities for design 37
locating. Facility operators may attach fees for design locating.38
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(12) Except as provided in subsections (6)(b), (8), and (11) of 1
this section, facility operators are prohibited from charging a fee 2
for locating and marking their underground facilities.3
Sec. 6. RCW 19.122.031 and 2011 c 263 s 5 are each amended to 4
read as follows: 5
(1) The requirements specified in RCW 19.122.030 do not apply to 6
any of the following activities: 7
(a) An emergency excavation, but only with respect to ((boundary 8
marking)) white lining and notice requirements specified in RCW 9
19.122.030 (1) and (2), and provided that the excavator provides 10
notice to a one-number locator service at the earliest practicable 11
opportunity. Facility operators must promptly respond to a notice of 12
emergency excavation. Prompt means to dispatch locating personnel 13
without undue delay; 14
(b) An excavation of less than twelve inches in depth on private 15
noncommercial property, if the excavation is performed by the person 16
or an employee of the person who owns or occupies the property on 17
which the excavation is being performed; 18
(c) The tilling of soil for agricultural purposes less than:19
(i) Twelve inches in depth within a utility easement; and20
(ii) Twenty inches in depth outside of a utility easement;21
(d) The replacement of an official traffic sign installed prior 22
to January 1, 2013, no deeper than the depth at which it was 23
installed; 24
(e) Road maintenance activities involving excavation less than 25
six inches in depth below the original road grade and ditch 26
maintenance activities involving excavation less than six inches in 27
depth below the original ditch flowline, or alteration of the 28
original ditch horizontal alignment; 29
(f) The creation of bar holes less than twelve inches in depth, 30
or of any depth during emergency leak investigations, provided that 31
the excavator takes reasonable measures to eliminate electrical arc 32
hazards; or 33
(g) Construction, operation, or maintenance activities by an 34
irrigation district on rights-of-way, easements, or facilities owned 35
by the federal bureau of reclamation in federal reclamation projects.36
(2) Any activity described in subsection (1) of this section is 37
subject to the requirements specified in RCW 19.122.050.38
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Sec. 7. RCW 19.122.040 and 2011 c 263 s 8 are each amended to 1
read as follows: 2
(1) Project owners shall indicate in bid or contract documents 3
the existence of underground facilities known by the project owner to 4
be located within the proposed area of excavation. The following are 5
deemed to be changed or differing site conditions: 6
(a) An underground facility not identified as required by this 7
chapter or other provision of law; or 8
(b) An underground facility not located, as required by this 9
chapter or other provision of law, by the project owner, facility 10
operator, or excavator if the project owner or excavator is also a 11
facility operator. 12
(2) An excavator shall use reasonable care to avoid damaging 13
underground facilities. An excavator must: 14
(a) Determine the precise location of underground facilities 15
which have been marked pursuant to RCW 19.122.030(1);16
(b) Plan the excavation to avoid damage to or minimize 17
interference with underground facilities in and near the excavation 18
area; ((and))19
(c) Provide such support for underground facilities in and near 20
the construction area, including during backfill operations, as may 21
be reasonably necessary for the protection of such facilities; and22
(d) Use safe and careful work methods, taking into consideration 23
the known and unknown underground facilities and the surface and 24
subsurface to be excavated. If the marking is on a hard surface, 25
methods of excavation may include pneumatic hand tools or other 26
excavation methods that are commonly accepted as permissible for the 27
type of surface encountered. 28
(3) If an underground facility is damaged and such damage is the 29
consequence of the failure to fulfill an obligation under this 30
chapter, the party failing to perform that obligation is liable for 31
any damages. Any clause in an excavation contract which attempts to 32
allocate liability, or requires indemnification to shift the economic 33
consequences of liability, that differs from the provisions of this 34
chapter is against public policy and unenforceable. Nothing in this 35
chapter prevents the parties to an excavation contract from 36
contracting with respect to the allocation of risk for changed or 37
differing site conditions. 38
(4) In any action brought under this section, the prevailing 39
party is entitled to reasonable attorneys' fees. 40
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Sec. 8. RCW 19.122.050 and 2020 c 162 s 2 are each amended to 1
read as follows: 2
(1) An excavator who, in the course of excavation, contacts or 3
damages an underground facility shall notify the facility operator 4
directly, if the facility operator is known, and a one-number locator 5
service, and report the damage as required under RCW 19.122.053. If 6
the damage causes an emergency condition, the excavator causing the 7
damage shall also call 911 to alert the appropriate local public 8
safety agencies and take all appropriate steps to ensure the public 9
safety. No damaged underground facility may be buried until it is 10
repaired or relocated. 11
(2) A facility operator notified in accordance with subsection 12
(1) of this section shall arrange for repairs or relocation as soon 13
as is practical, or permit the excavator to do necessary repairs or 14
relocation at a mutually acceptable price. 15
Sec. 9. RCW 19.122.055 and 2011 c 263 s 10 are each amended to 16
read as follows: 17
(1)(a) Any excavator who ((fails to notify a one-number locator 18
service)) violates any provision of this chapter and causes damage to 19
a hazardous liquid or gas underground facility is subject to a civil 20
penalty of not more than ((ten thousand dollars )) $25,000 for each 21
violation. 22
(b) The civil penalty in this subsection may also be imposed on 23
any excavator who violates RCW 19.122.090. 24
(2) Any facility operator who (a): (i) Fails to accurately locate 25
the underground facility as required under RCW 19.122.030 (3) and 26
(4); or (ii) fails to mark its underground facilities as required 27
under RCW 19.122.030(1), and (b) whose underground facility is 28
damaged as a result of the failure in (a) of this subsection is 29
subject to a civil penalty of not more than $25,000 for each 30
violation.31
(3) A civil penalty of up to $5,000 for each violation may be 32
imposed on any excavator or facility operator that violates any 33
provision of this chapter involving an underground pipeline facility, 34
but does not cause damage to an underground pipeline facility.35
(4) All civil penalties recovered under this section must be 36
deposited into the damage prevention account created in RCW 37
19.122.160. 38
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Sec. 10. RCW 19.122.070 and 2011 c 263 s 11 are each amended to 1
read as follows: 2
(1) Any person who violates any provision of this chapter not 3
amounting to a violation of RCW 19.122.055 is subject to a civil 4
penalty of ((not more than one thousand dollars for an initial 5
violation, and )) not more than ((five thousand dollars )) $5,000 for 6
each ((subsequent)) violation within a three-year period. All 7
penalties recovered in such actions must be deposited in the damage 8
prevention account created in RCW 19.122.160. 9
(2) Any excavator who ((willfully or maliciously damages a marked 10
underground facility is liable for treble the costs incurred in 11
repairing or relocating the facility. In those cases in which an 12
excavator fails to notify known facility operators or a one-number 13
locator service, any damage to the underground facility is deemed 14
willful and malicious and is subject to treble damages for costs 15
incurred in repairing or relocating the facility )) fails to give 16
notice of planned excavation and damages a marked underground 17
facility is liable for all costs incurred in repairing or relocating 18
the facility and any penalties assessed under this chapter.19
(3) This chapter does not affect any civil remedies for personal 20
injury or for property damage, including that to underground 21
facilities, nor does this chapter create any new civil remedies for 22
such damage. 23
Sec. 11. RCW 19.122.090 and 2005 c 448 s 5 are each amended to 24
read as follows: 25
(1) Any excavator who excavates, without ((a valid )) an 26
excavation confirmation code when required under this chapter, within 27
((thirty-five)) 35 feet of a transmission pipeline is guilty of a 28
misdemeanor. 29
(2) Any excavator who excavates within 35 feet of a transmission 30
pipeline, prior to the work-to-begin date on the notice when required 31
under this chapter, is guilty of a misdemeanor.32
(3) Any excavator who excavates within 35 feet of a transmission 33
pipeline, prior to receiving positive response from the facility 34
operator of the transmission pipeline when required under this 35
chapter, is guilty of a misdemeanor.36
Sec. 12. RCW 19.122.100 and 2011 c 263 s 16 are each amended to 37
read as follows: 38
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If charged with a violation of RCW 19.122.090, an equipment 1
operator is deemed to have established an affirmative defense to such 2
charges if: 3
(1) The equipment operator was provided ((a valid)) an excavation 4
confirmation code; 5
(2) The excavation was performed in an emergency situation;6
(3) The equipment operator was provided a false confirmation code 7
by an identifiable third party; or 8
(4) Notice of the excavation was not required under this chapter.9
Sec. 13. RCW 19.122.130 and 2020 c 162 s 3 are each amended to 10
read as follows: 11
(1) The commission must contract with a statewide, nonprofit 12
entity whose purpose is to reduce damages to underground and above 13
ground facilities, promote safe excavation practices, and review 14
complaints of alleged violations of this chapter. The contract must 15
not obligate funding by the commission for activities performed by 16
the nonprofit entity or the safety committee under this section.17
(2) The contracting entity must create a safety committee to:18
(a) Advise the commission and other state agencies, the 19
legislature, and local governments on best practices and training to 20
prevent damage to underground utilities, and policies to enhance 21
worker and public safety; and 22
(b) Review complaints alleging violations of this chapter 23
involving practices related to underground facilities.24
(3)(a) The safety committee will consist of thirteen members, who 25
must be nominated by represented groups and appointed by the 26
contracting entity to staggered three-year terms. The safety 27
committee must include representatives of: 28
(i) Local governments; 29
(ii) A natural gas utility subject to regulation under Titles 80 30
and 81 RCW; 31
(iii) Contractors; 32
(iv) Excavators; 33
(v) An electric utility subject to regulation under Title 80 RCW;34
(vi) A consumer-owned utility, as defined in RCW 19.27A.140;35
(vii) A pipeline company; 36
(viii) A water-sewer district subject to regulation under Title 37
57 RCW; 38
(ix) The commission; and 39
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(x) A telecommunications company. 1
(b) The safety committee may pass bylaws and provide for those 2
organizational processes that are necessary to complete the safety 3
committee's tasks. 4
(4) The safety committee must meet at least once every three 5
months. 6
(5) The safety committee may review complaints of alleged 7
violations of this chapter involving practices related to underground 8
facilities, except for those complaints relating to damage to 9
pipeline facilities or which involve violations of RCW 19.122.075 and 10
19.122.090. Any person may bring a complaint to the safety committee 11
regarding an alleged violation occurring on or after January 1, 2013.12
(6) To review complaints of alleged violations, the safety 13
committee must appoint at least three and not more than five members 14
as a review committee. The review committee must be a balanced group, 15
including at least one excavator and one facility operator.16
(7) Before reviewing a complaint alleging a violation of this 17
chapter, the review committee must notify the person making the 18
complaint and the alleged violator of its review and of the 19
opportunity to participate. 20
(8) The safety committee may provide written notification to the 21
commission, with supporting documentation, that a person has likely 22
committed a violation of this chapter, and recommend remedial action 23
that may include a penalty amount, training, or education to improve 24
public safety, or some combination thereof. 25
Sec. 14. RCW 19.122.150 and 2017 c 20 s 3 are each amended to 26
read as follows: 27
(1) The commission may investigate and enforce violations of 28
((RCW 19.122.055, 19.122.075, and 19.122.090)) any provision of this 29
chapter relating to pipeline facilities without initial referral to 30
the safety committee created under RCW 19.122.130.31
(2) If the commission's investigation of notifications received 32
pursuant to RCW 19.122.140 or subsection (1) of this section 33
substantiates violations of this chapter, the commission may impose 34
penalties authorized by RCW 19.122.055, 19.122.070, 19.122.075, and 35
19.122.090, and require training, education, or any combination 36
thereof. 37
(3) With respect to referrals from the safety committee, the 38
commission must consider any recommendation by the committee 39
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regarding enforcement and remedial actions involving an alleged 1
violator. 2
(4) In an action to impose a penalty initiated by the commission 3
under subsection (1) or (2) of this section, the penalty is due and 4
payable when the person incurring the penalty receives a notice of 5
penalty in writing from the commission describing the violation and 6
advising the person that the penalty is due. The person incurring the 7
penalty has fifteen days from the date the person receives the notice 8
of penalty to file with the commission a request for mitigation or a 9
request for a hearing. The commission must include this time limit 10
information in the notice of penalty. After receiving a timely 11
request for mitigation or hearing, the commission must suspend 12
collection of the penalty until it issues a final order concerning 13
the penalty or mitigation of that penalty. A person aggrieved by the 14
commission's final order may seek judicial review, subject to 15
provisions of the administrative procedure act, chapter 34.05 RCW.16
(5) If a penalty imposed by the commission is not paid, the 17
attorney general may, on the commission's behalf, file a civil action 18
in superior court to collect the penalty. 19
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