The Ohio Underground Damage Prevention Coalition (OUCPC) recently voted to forward the following proposed legislative changes (Changes are highlighted in YELLOW). As ABC Central Ohio reviews this new language, we are interested in any feedback our members may have. We must provide formal feedback by mid-June if needed.
 
Please contact Barton Hacker at [email protected] if you have any  questions or concerns.
 
3781.31 Notifying of commencement of excavation or removal of markings
(B) If the markings of underground utility facilities made under section 3781.29 of the Revised Code are destroyed or removed before excavation is completed, the excavator shall notify the utility through the protection service that the markings have been destroyed or removed, and the utility shall remark the facilities in accordance with section 3781.29 of the Revised Code. If an excavator leaves the job site, relocates to another site, or is otherwise absent from the site for a period of 16 consecutive calendar days, the notification will be considered expired, and the excavator shall make notification through the protection service as required under section 3781.28 of the Revised Code.  This notification shall occur prior to any additional work on the site taking place, even if the original locate marks, provided under section 3781.29 of the Revised Code, are still visible.
 
3781.28 Excavator notifying protection service or pipeline owner
(E) If an excavation will cover an area exceeding 5,280 feet in linear length and will progress from one area to the next over a period of time, the excavator shall provide written notice to the utility owners in the affected area through the use of the state notification center.  This notification shall be made with a “Large/Complex Project” notification 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. 
If an excavator is not willing or able to provide notification, as set forth in ORC 3781.28(E) through the use of a “Large/Complex Project” notification, the excavator shall not exceed 1320 feet in linear length for each notification.  If the location request pertains to the following:

1. Interstate roadway systems
2. multilane divided
3. multilane undivided

the excavator shall not exceed 5,280 feet in linear length for each notification.     
If a notification is deemed to be a “Large/Complex Project”, it shall be mandatory for all utilities and the requesting excavator to participate in a meeting, the meeting shall be conducted through both virtual and in-person formats to ensure accessibility for all stakeholders involved, to determine a mutually agreed upon marking schedule based on the project schedule.  This schedule shall be documented by requesting party in writing and housed with all participating organizations.  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.