Legislative FAQs – 2018
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Frequently Asked Questions

Frequently asked questions about the new law, scroll below to see FAQs by category.

Membership

When will Tier Two Members need to start paying for tickets as a Tier One Member?

All Tier Two members who convert to Tier One will not be charged outgoing transmission fees until January 1, 2021.

Is there a grace period for Tier Two members for ticket payment?

All Tier 2 Members who convert to Tier 1 will not be charged outgoing transmission fees until January 1st of 2021.

What is the timeline for the new legislation?

The new law went into effect August 8, 2018. Colorado 811 is working diligently to implement and make software improvements relating to new law as soon as practicable.

·       Tier Two members will begin receiving electronic notifications/tickets on January 1, 2019

·       CO811 started converting Tier Two members June 2018 and will continue until January 1, 2021 in a first-come first-served basis

·       All Members must be Tier One by January 1, 2021

·       Tickets/Notifications will be sent to Tier Two and recently converted Tier One members at no cost until December 31, 2020

 

Do facility owners/operators need to register service lines on private property?

No, only laterals in the public right-of-way need to be registered.

Can a member convert from Tier Two to Tier One before Jan, 1, 2019?

Yes, a Tier Two can convert to Tier One before Jan. 1, 2019. Colorado 811 has agreed to the conversion at no charge to allow an appropriate amount of time to accommodate all Tier Two members.

When will the Tier Two to Tier One conversions begin under the new law?

The conversions are mandatory effective Jan. 1, 2019. Colorado 811 has agreed to the conversion at no charge to allow an appropriate amount of time to accommodate all Tier Two members.

Will there be a Tier Two Director on the Board of Directors after the new law is passed?

Yes, there will be a Tier Two Board of Director until December 31, 2020.

Is Positive Response mandatory through Colorado 811?

Yes, all locate tickets must have a Positive Response posted to Colorado 811 by the locate by date on the ticket starting January 1 2019. Members will now be able to include comments and attachments (photos, sketches, etc) to positive response.

What is Positive Response Re-notification?

If Positive Response is not provided by the owners/operator by the locate by date, Colorado 811 will send an additional re-notification to that owner/operator. Colorado 811 will continue to send out re-notifications daily until Colorado 811 receives Positive Response. These notifications will be charged to the member at the standard ticket transmission fee.

Will the member ticket delivery format change?

Yes, there will be new fields in the locate ticket information being sent to members, for example, new fields for mailing addresses for excavators, new fields for secondary excavator contact and a link to view Colorado 811's map with the dig site highlighted.

How do members respond to the new Subsurface Utility Engineering Ticket?

Member Facilities will have 10 business days to respond to Subsurface Utility Engineering Ticket by;

  • Providing location records - giving available information on the location, not to include depth
  • Providing marks on the ground - giving approximate location, not to include depth
  • Providing available information - giving approximate location, not to include depth
When will Tier Two Members begin receiving locate requests via email?

Tier Two Members will start receiving locate ticket notifications starting January 1, 2019 if an email address has been provided to CO811. Excavators are still required to contact Tier Two members directly.

Can Tier Two members post positive responses to locate tickets?

No, Positive Response will only be available to Tier One members. Start your transition today!

What is the members responsibility on Road Grading tickets?

Road grading tickets are annual road maintenance that does not exceed six inches in depth conducted by a governmental agency on existing unpaved roads. The markings shall be considered valid for up to 180 days. Members within the county will be notified of a road grading ticket and should work with the governmental agency to coordinate the excavation activity accordingly. Members have 10 business days to respond.

Is there a matrix or summary available comparing and contrasting the differences between Tier One and Tier Two rights and responsibilities under the new legislation, to more clearly communicate the changes that facility owners will be required to implement?

No, the responsibilities for Tier One and Tier Two members are the same regarding responding to locate requests within two business days not including the day of the call. Both memberships are required to mark underground facilities or make the excavator aware if the area is clear from facilities.

Is there a specific program or application required to receive and respond to 811 notifications?

Colorado 811 delivers locate ticket notifications via email. Positive Response is currently available with an account/username and password via website or TCP/IP. For more information please visit co811.org

Will Tier Two members be required to receive notifications as of 1/1/19, or will notifications begin after they transition to Tier One?

Tier Two members will begin receiving electronic notifications/tickets on January 1, 2019 if an email address is provided.

Will Tier Two members be required to respond to 811 notifications as of 1/1/19, or will responses be required after they transition to Tier One?

Only Tier One members will be able to post responses to tickets. Responses will be required after transitioning to Tier One.

Will 811 track the fiscal impact to 811 and to transitioning members during implementation?

Yes.

How will 811 deal with duplicate of notifications, so that members are not charged for duplicate notifications?

Members are charged on a per transmission basis and each excavator must have their own locate ticket even if it is at the same address.

How will 811 handle billing and other issues during the “free” 24-month transition period?

Colorado 811 will send an invoice with total number of transmissions as well as a zero-balance due.

 

Will the existing 811 buffer requirements be formally reduced, and if so, when?

Yes, the current 250ft buffer will be reduced to 150ft buffer on dig sites. Member buffer will be reduced to a minimum of 30ft.

Will members be able to customize their buffers on 811’s system? Yes, minimum 30ft buffer

Will locate marking requirements remain the same? Can facility owners use T-posts instead of paint?

The Safety Commission will be responsible for establishing marking standards. To date, those standards have not been established.

FYI - CO811 will be relabeling 2nd Notice tickets to Excavator Re-notification

Excavators requesting some or all facility owners to be re-notified due to not receiving locates, facility not found in locate area, incomplete locate, incorrect area located, facility owner no show or facility owner no show at meet time will be sent as an Excavator Re-Notification instead of Second Notice.

Secondary Excavator

Secondary excavators may be listed on locate requests for potholing purposes only.

Canceled Tickets

After listening to our facility owners and operators, the Board of Directors approved the request from management to no longer charge a ticket fee for canceled outgoing transmissions. This change will take effect on January 1, 2019.

Safety Commission

What are home rule cities and how are they different?

Home rule cities by the Colorado constitution are cities that have the full right of self-government in local and municipal matters.  The larger home rule cities include Denver, Aurora, Pueblo, Colorado Springs, Fort Collins and Grand Junction. Home Rule cities can create their own safety commissions and can enforce the one-call law and imposed penalties for failure to comply with the law.

Will Colorado 811 provide data to the Safety Commission on an annual basis?

Yes.  Colorado 811 will annually provide a report as well as real time data for the Safety Commission’s work related to underground excavations and safety.

Can engineering companies give feedback to Safety Commission once in place?

Any person can provide feedback to the Safety Commission.

Will there be an entity responsible for holding stakeholders accountable under the new law?

Yes, the Colorado Safety Commission will have the responsibility to enforce the provisions of the law related to safe practices.  The Safety Commission can impose penalties for failure to comply with the law.  Home Rule cities may create a safety commission which also have the power to impose penalties for failure to comply with the law.  Facility owners and operators and excavators may bring civil actions for damage claims separate from the actions of the Safety Commission.

What cities are exempt from complying with the new Safety Commission requirements?

Only Home Rule cities are exempt from complying with the Safety Commission requirements but they must create their own safety commissions.

Regarding "home rule", if a municipality decides to invoke the home rule, doesn't this simply mean that the State cannot enforce any penalties against the municipality? Yet, can't the state still impose penalties against an excavator that has violated the state law against the municipality. i.e. damage caused due to no locate request? Or does this require the municipality to establish their own safety commission?
CO 811 is not in a position to offer an opinion regarding whether or not the State of Colorado can enforce penalties against a municipality under the new law.  The newly created Safety Commission will establish regulations that address this issue in cooperation with the Colorado Attorney General.CO 811 is not in a position to offer an opinion regarding whether or not the State of Colorado can enforce penalties against a municipality under the new law.  The newly created Safety Commission will establish regulations that address this issue in cooperation with the Colorado Attorney General.
There does not appear to be a way for an accused violator to dispute whether “costs of investigation and trial, including reasonable attorney’s fees” are warranted in an enforcement action under CRS 9-1.5-104.2.  Please confirm whether the intent of this legislation is to give the Safety Commission the right to seek enforcement costs/fees with NO opportunity for rebuttal by the accused violator.

Please defer to the Safety Commission once established.

Subsurface Utility Engineering (SUE)

Will there be a fee for engineering tickets that is different from the existing fee?

 The cost or fee for the outgoing transmission will remain the same for all members. The costs associated with an engineering locate request will be paid by the project owner.

What is ASCE 38 Standard?

ASCE Standards provide technical guidelines for promoting safety, reliability, productivity, and efficiency in civil engineering. For more information please visit https://www.fhwa.dot.gov/programadmin/asce.cfm

How will licensed professional engineers receive documentation related to Subsurface Utility Engineering Notifications?

Within 10 days of the notice provided, licensed professional engineers will receive documentation through the Positive Response system at Colorado 811.

Exemptions

Did the definition for exemptions change under the new law?

Yes, there are several modifications in the new law regarding exemptions they include: farmers/ranchers and new requirements for governmental agencies relative to road grading. Please note, there is no exemption for gravity fed systems. Although, these exemptions exist it is extremely dangerous to dig without first notifying Colorado 811 for the location of underground facilities.

What is the significance of defining “gravity-fed systems” in the law? Where is it referenced under the new legislation?

Gravity fed systems are now defined to clarify what information has to be provided in the event there is a request for a locate related to sub-surface utility engineering. The law defining this exemption is located at section 9-1.5-102 (3.4).

Are there new requirements regarding road grading?

Yes, there are new requirements regarding road grading. The Procedures Committee of Colorado 811 is currently devising specific procedures and guidelines that will be available within the next couple of months. (From law: ANNUAL ROAD MAINTENANCE THAT DOES NOT EXCEED SIX INCHES IN DEPTH CONDUCTED BY A GOVERNMENTAL AGENCY ON AN EXISTING UNPAVED ROAD, THE MARKING SHALL BE CONSIDERED VALID FOR UP TO ONE HUNDRED EIGHTY DAYS.)

Other

Who is required to locate laterals in the public right-of-way?

 All underground facility owner/operators are responsible for the location of service laterals in the public right-of-way.

How will Colorado 811 provide documentation of the underground facilities in the form of hand written/ digital sketches or photography?

It is Colorado 811’s intent to provide the excavator this information through the Positive Response system.

Can an excavator put another excavator on his/her ticket? How many can you list on one ticket?

 Yes, an excavator requiring existing marked underground facilities to be exposed may list a single secondary excavator on its notice to Colorado 811.

It also says in (c) (1) (A) "When utilizing trenchless excavation methods, the excavator shall expose underground facilities and visually observe the safe crossing of marked underground facilities when requested to do so by the underground facility owner or operator or the government agency that issued a permit for the excavation." Question is, will this require a new positive response code?
A new positive response code will not be necessary as the facility owner will still be required to locate the area of excavation, if applicable. However, the facility owner and excavator must communicate to ensure that the visual crossing of marked underground facilities has been exercised.
How does 811 propose to address the CORA implications of 811 having all member facilities’ location details?

Colorado 811 is not subject to the Colorado Open Records Act. 

What, specifically, are the requirements and components of a damage prevention safety program as it would be developed and managed by a home rule entity that is choosing to opt out of the jurisdiction of the safety commission?

It is our understanding that a home rule entity electing to establish their own safety commission they will need to comply with the same rules as the State Safety Commission. Please defer to the Safety Commission once established.

 

Have excavators been informed of the changes to the 811 program? How is 811 communicating with them?

Colorado 811 has and is currently communicating with all stakeholders (including excavators) through the co811.org website, social media, email blasts, employee email signatures, 811 hold recording, and news articles in industry media outlets. The Colorado 811 Damage Prevention Liaisons inform excavators of the legislative changes at Damage Prevention Council Meeting and onsite presentations at excavator’s offices.

How is 811 communicating with Tier Two members during the transition?

Colorado 811 has and is currently communicating members through the co811.org website, social media, email blasts and letters that were sent via USPS on 8/06/18.

Colorado 811 will host member legislative meetings across the state starting late November. These meetings will be posted on the events section of our website and emailed to our membership email list. We welcome all Colorado 811 members to attend.

Can you provide additional information regarding when new facilities are required to be electronically locatable?

We believe all new facilities installed on or after January 1, 2019 must be locatable. For example, what about new developments in progress? All infrastructure must be locatable in the future. Are pipe replacements considered “new development” and subject to electronically locatable requirements? In our interpretation, yes. What about underground irrigation infrastructure located on agricultural land or shared between neighboring farms/ranches? Yes, anything within public access areas (public right-of-way).

Click here to submit any legislative questions

*This page is frequently updated with new FAQs. The last update to this page was on November 21, 2018.*

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