One-Call Legislation

2018 Legislative Membership Changes Presentation
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Thank you for attending the 2018 Legislative Membership Meeting. If you would like to download the slides, please click here to view the presentation, for a PDF copy of the slides, click here.

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By Whitney Nichols
LEGISLATIVE TIDBIT – SEWER SERVICE LATERALS
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A sewer system owner or operator shall provide its best available information when marking the location of sewer laterals in the public right-of-way.

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By Whitney Nichols
Mandatory Positive Response
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Due to legislative changes to the Colorado One Call law posting Positive Responses to locate ticket notifications through Colorado 811 will be mandatory starting January 1, 2019. Along with posting Positive Responses a facility owner/operator will be able to provide the excavator with documentation like additional comments, sketches, pictures and/or maps through Colorado 811 beginning in 2019. Positive Responses must be received by Colorado 811 before the legal locate by date on the locate ticket notification. Colorado 811 offers four different methods to post Positive Responses and meet this requirement.

How do I get started with posting positive responses?

There are four methods available to post Positive Response, they include:

  • Positive Response Website (username and password are required)
  • Colorado 811’s Positive Response 800 number
  • Vendor run Ticket Management System  (username and password are required)
  • WebTMS (provided by Colorado 811)

Please contact Member Services at [email protected] for more information or to get started.

What happens if your company does not post a Positive Response to Colorado 811 by the locate by date?

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

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By Whitney Nichols
STATEWIDE MEMBERSHIP LEGISLATIVE MEETINGS
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Learn about the new One Call Legislation and the member impacts

Colorado 811 will host statewide legislative meetings for all CO 811 members. These meetings will cover the changes to the new One Call legislation.

The following topics will be discussed:

  • Mandatory Positive Response
  • New member delivery ticket format 
  • Relabeling 2nd Notice Ticket to Excavator Re-Notification
  • New Subsurface Utility Engineering Ticket
  • Tier Two Members will start receiving tickets starting January 1, 2019
  • Road Grading
  • Secondary Excavator
  • Cancel Tickets Fee

Space is very limited for these meetings, please register ASAP. Food and beverages will be provided. If you have any specific questions you would like addressed at the meetings, please submit your question(s) here. Click here to read the legislative FAQ’s.

MEETING DATES AND LOCATIONS:

Denver Metro Meetings – REGISTER HERE

Denver – Thursday 11/29/18 at 1:30 to 3:30pm at the Sheridan Library, Thersa Dando Meeting Room
Golden – Wednesday 12/05/18 at 7:30am to 9:30am at the Jefferson County Fairgrounds, Exhibit Hall 3

Northeast Colorado Meetings – REGISTER HERE

Greeley – Wednesday 11/28/18 at 9:30am – 11:00am at the Weld County Administration Office, Events Room
Fort Morgan – Wednesday 11/28/18 at 2:00pm – 3:30pm at the Historic City Hall Upper, Council Chambers
Boulder – Thursday 11/29/18 at 1:30pm – 3:30pm at the City of Boulder – Municipal Service Center
Fort Collins – Friday 11/30/18 at 9:30am – 11:00am at the City of Fort Collins Utilities

Southeast Colorado Meetings – REGISTER HERE

Pueblo – Friday 11/30/18 at 8:00am – 10:00am at the CDOT Region 2 Office
La Junta – Wednesday 12/05/18 at 8:00am – 10:00am at the La Junta Senior Center
Colorado Springs – Thursday 12/06/18 at 8:00am – 10:00am at the Elks Lodge 309
Buena Vista – Friday 12/07/18 at 8:00am – 10:00am at the Sangre De Cristo Electric Association
Trinidad – Monday 12/10/18 at 8:00am – 10:00am at the Trinidad Police Department
Castle Rock – Wednesday 12/12/18 at 8:00am – 10:00am at the Castle Rock Water Department

Southwest Colorado Meetings – REGISTER HERE

Montrose – Thursday 11/29/18 at 7:00am – 10:00am at the Montrose Holiday Inn Express
Alamosa – Wednesday 12/05/18 at 7:00am – 10:00am at Adams State University
Durango – Thursday 12/06/18 at 7:00am – 10:00am at La Plata County Fairgrounds

Western Slope Meetings – REGISTER HERE

Glenwood Springs – Wednesday 11/28/18 at 9:00am – 11:00am at Holy Cross Energy
Grand Junction – Monday 12/03/18 at 8:30am – 10:30am at Ute Water Conservancy District
Steamboat Springs – Tuesday 12/04/18 at 9:00am – 11:00am at Olympian Hall

 

If you have any specific questions you would like addressed at the meetings, please submit your question(s) here. Click here to read the legislative FAQ’s.

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By Whitney Nichols
Legislative Tidbit – Underground Safety Commission
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The new One Call Legislation requires an Underground Damage Prevention Safety Commission (Safety Commission) to support and enhance damage prevention. The Safety Commission will provide the following:

  • Making recommendations regarding:
    • Best practices and training
    • Policies to enhance public safety
    • Policies to improve efficiency and cost savings to the 811 program
  • Reviewing complaints of alleged violations and ordering appropriate remedial action/penalties

To learn more about the Safety Commission visit their website.

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By Whitney Nichols
Legislative Tidbit – Mandatory Positive Response
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If Positive Response is not provided by the owners/operator by the locate by date, the notification association (Colorado 811) shall send an additional re-notification to that owner/operator. The notification association shall continue to send out re-notifications daily until the notification association receives the positive response. These notifications will be charged to the member at the standard ticket transmission fee.

Section in law: Section 2, 9-1.5-103 (6.5) click here to read the law

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By Whitney Nichols
Underground Damage Prevention Safety Commission Nominations
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Safety Commission Nominations

On May 25, Governor Hickenlooper signed Senate Bill 18-167 into law. This bill included the creation of the Underground Damage Prevention Safety Commission, effective August 8, 2018.

In order to assist in preventing damage to underground facilities, this commission is charged with the following tasks:

  • Making recommendations regarding:
    • Best practices and training
    • Policies to enhance public safety
    • Policies to improve efficiency and cost savings to the 811 program
  • Reviewing complaints of alleged violations and ordering appropriate remedial action/penalties

How to Apply

Applications for the Underground Damage Prevention Safety Commission are now being accepted.

Apply for the Underground Damage Prevention Safety Commission

The Underground Damage Prevention Safety Commission will include 15 people from the following categories. Those selected to serve on the commission will do so for a term of three years except for the initial appointment terms noted below.

Nomination Category Nominated by # of Representatives on the Commission
County* Colorado Counties, Inc. 1
Municipality* Colorado Municipal League 1
Special District* Special District Association of Colorado 1
Energy Producer* Colorado’s Energy Industry 1
Contractor* Colorado Contractors Association 1
Excavator** Excavator Members of the Notification Association 2
Engineer** American Council of Engineering Companies of Colorado 1
Investor-Owner Utility** Investor-Owner Utilities 1
Rural Electric Cooperative** Colorado Rural Electric Association 1
Pipeline Company** Colorado Pipeline Association 1
Telecommunications and Broadband Company Colorado Telecommunications and Broadband Industry 1
Water Utility Colorado Water Utility Council 1
Transportation Department of Transportation 1
Farming/Ranching Commissioner of Agriculture 1

*One-year initial appointment

**Two-year initial appointment

The Governor will appoint the initial members of the Safety Commission by January 1, 2019, and nominations received from the associations, agencies and industries listed below will be taken into consideration during the selection process.

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By Whitney Nichols
Colorado Subsurface Utility Law (SB18-167) Collaborative Rollout Trainings
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In partnership with Colorado Department of Transportation (CDOT) and Colorado 811, ACEC Colorado invites you to register for one of the six statewide trainings that will provide an overview of the new Colorado 811 One Call/Subsurface Utility Law (effective Aug. 8, 2018) and what it means for design, construction and utility companies that are implementing requirements of the law into their projects.

The regional, half-day trainings will be focused toward design professionals with an emphasis on the American Society of Civil Engineers Standard Guidelines for the Collection & Depiction of Existing Subsurface Utility Data (ASCE 38-02), which is referenced in the new law. These trainings are for agency engineers, consulting engineers and land surveyors, utility engineers, and data keepers.

The Denver-area, all-day training will include both design and construction focuses. This training is for agency engineers, consulting engineers and land surveyors, utility engineers, data keepers, and contractors. This event is being planned also in cooperation with Colorado Contractors Association.

At all trainings, engineers from the Colorado Department of Transportation (CDOT) will present how they are implementing the law’s new requirements.

For more information, including the workshop schedule and updates about presentations and speakers, click here. (Remember to check the site frequently for news and announcements.)

Registration

To register call 303.832.2200 or click here. Registration is inclusive of printed materials and noted meal(s).

Regional Half-Day | PuebloClick to Register Wednesday, Aug. 29 | 8:30 a.m.-1:30 p.m. | $55 (includes lunch) Colorado Department of Transportation Region 2 Office Pike’s Peak East & West Room (5615 Wills Boulevard, Pueblo) Earn up to 4.0 PDHs* | Design Focus | Limited to 75 attendees

Regional Half-Day | Greeley SOLD OUT – Click to Register Thursday, Aug. 30 | 8:30 a.m.-1:30 p.m. | $55 (includes lunch) Weld County Administration Building (1150 O Street, Greeley) Earn up to 4.0 PDHs* | Design Focus | Limited to 50 attendees

Regional Half-Day | GypsumClick to Register Tuesday, Sept. 11 | 11 a.m.-4 p.m. | $55 (includes lunch) Gypsum Town Hall (50 Lundgren Boulevard, Gypsum) Earn up to 4.0 PDHs* | Design Focus | Limited to 50 attendees

Regional Half-Day | Grand JunctionClick to Register Wednesday, Sept. 12 | 8:30 a.m.-1:30 p.m. | $55 (includes lunch) Colorado Department of Transportation Region 3 Office Bookcliff Conference Room (2328 G Road, Grand Junction) Earn up to 4.0 PDHs* | Design Focus | Limited to 40 attendees

Regional Half-Day | DurangoClick to Register Thursday, Sept. 13 | 8:30 a.m.-1:30 p.m. | $55 (includes lunch) Colorado Department of Transportation Region 5 Office (20581 West US 160, Durango) Earn up to 4.0 PDHs* | Design Focus | Limited to 50 attendees

Denver-area Full-Day | Greenwood Village SOLD OUTClick to Register Wednesday, Sept. 26 | 8 a.m.-3:30 p.m. | $109 (includes breakfast and lunch) Merrick & Company (5970 Greenwood Plaza Boulevard, Greenwood Village) Earn up to 7.0 PDHs* | Construction & Design Focus Limited to 50 attendees *Limited to 100 attendees — Fewer than 10 spots remain*

Training Schedule

Training Schedule (Aug. 29-30 & Sept. 12-13)

  • 8:30-9 a.m.: Registration & Coffee
  • 9-9:30 a.m.: Overview of SB18-167
  • 9:30-11:30 a.m.: Engineering Focus
  • 11:30 a.m.-1:30 p.m.: Working Lunch With Q&A

Training Schedule (Sept. 11)

  • 11-11:30 a.m.: Registration
  • 11:30-Noon: Working Lunch
  • Noon-12:30 p.m.: Overview of SB18-167
  • 12:30-2:30 p.m.: Engineering Focus
  • 2:30-4 p.m.: Q&A

Training Schedule (Sept. 26)

  • 8-8:30 a.m.: Registration & Breakfast
  • 8:30-9 a.m.: Overview of SB18-167
  • 9-11:30 a.m.: Concurrent Breakouts | Construction Focus | Design Focus
  • 11:30 a.m.-12:30 p.m.: Networking Lunch
  • 12:30-2 p.m.: Lifecycle of Project
  • 2-3:30 p.m.: Q&A

Event Sponsorships Available – a limited number of sponsorship opportunities are also available for this event. Click here to download the form or call 303.832.2200 for details.

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By Whitney Nichols
Colorado 811 Legislative Focus and Timeline
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Damage Prevention Stakeholder,

Colorado 811 or CO811 is initiating regular correspondence with its members and industry stakeholders to inform them of the status of the 2018 legislative changes to the Colorado State One Call Law. The Colorado 811 correspondence will take the following forms: 1) “Legislative Bits” which are monthly emails and social media posts addressed to interested stakeholders; 2) the legislative page on the CO811 website; 3) A FAQ or Frequently Asked Questions page on the CO811 website; 4) a series of educational videos on the CO811 YouTube channel; and 5) free presentations offered by the CO811 Damage Prevention Liaisons around the state. The Colorado 811 resources are posted at https://colorado811.org/one-call-legislation and they will be frequently updated.

CO811 embraces the changes made to the One Call Law mandated by the Colorado Legislature and will continue to deliver the highest level of service while providing exceptional value to all our members and stakeholders. Our stakeholders include, but are not limited to: facility owners and operators, excavators, government agencies, industry associations and the general public. The recent changes in the One Call Law should encourage and result in improved damage prevention practices that will protect the critical underground infrastructure we all depend upon daily. The changes in the law will also provide a safer environment for workers and the citizens of Colorado.

LEGISLATIVE FOCUS

The 2018 One Call legislative changes focused on four areas:

  1. The new law eliminates any distinction between Tier One and Tier Two members. This means Colorado 811 will be a true “One Call System”. The new membership structure is mandatory on January 1, 2019 and existing Tier Two members will have until January 1, 2021 to convert their membership status to Tier One and update their underground facility registration with CO811. All Tier Two members are encouraged to transition to Tier One membership prior to 2019 (Tier Two members will be required to submit a registration form for Tier One membership).
  2. The 2018 law created a Colorado Damage Prevention Safety Commission. Once established, the Colorado Damage Prevention Safety Commission will be responsible for reviewing complaints from stakeholders and enforcing the provisions of the new One Call Law which can include imposing penalties for violations of the law and advising stakeholders on best practices and policies to enhance safety while improving efficiencies. The Commission will consist of 15 appointed stakeholder representatives who will meet at least quarterly to review and resolve complaints filed by stakeholders. A new penalty schedule has been defined in the One Call Law and the Commission has the power to fine any stakeholder who does not comply with the state One Call Law, except for Home Rule cities. Home Rule cities can choose to accept the Safety Commission guidelines and rulings or establish their own Commission for local enforcement.
  3. Excavators have a voting representative on the CO811 Board of Directors. Under the new One Call Law, excavators will have three seats on the Commission; two through the CO811 excavator membership and one through the Colorado Contractors Association. Excavators are encouraged to immediately join CO811 as a member to gain representation and have a voice on the Commission. Elections for CO811’s commission seats will be held from July to September. The excavator membership fee is $100 per year.
  4. Implementation of a Subsurface Utility Engineering ticket will provide the design and engineering community with more consistent information and responses from Facility Owners (FOs). FOs will have up to ten days to respond directly to the design/engineering firm with documentation, which may include facility location information, maps and/or a facility locate. The design/engineering firm must pay the FOs directly for these services. As with the current Engineering Ticket, excavation activities cannot occur with this ticket type.

Additional information on the One Call Law changes and the potential impact to stakeholders and CO811 operations and procedures will be discussed in coming months.

IMPORTANT DATES

The new One Call Law takes effect on August 8, 2018. The Safety Commission should be in place by January 1, 2019 and should begin to accept complaints or concerns sometime in early 2019. Current Tier Two members should begin converting to Tier One and updating their facility registration at their earliest convenience. Tier Two to Tier One conversion should be completed on or before January 1, 2021. Members converting from Tier Two to Tier One will receive notifications via electronic transmission free of charge through December 31, 2020.

IMPLEMENTATION PLANNING

CO811 has developed a comprehensive plan to ensure a successful transition and implementation of the new changes in the One Call Law. Listed below are a few of the major tasks that have been started:

FAQ Page: A legislative FAQ page was posted on the CO811 website. Stakeholders can also submit questions by visiting: https://colorado811.org/legislative-faqs-2018/

Tier Two Communication: An email was sent to all Tier Two members outlining the conversion requirements. In addition, a survey will be sent out at the end of July to Tier Two members.

Change Buffer Zone: A soon to be completed study will determine the financial, operational and safety impact of modifying the size of the buffer zone for dig site and member notification area. The CO811 Board of Directors will review the findings of this study in July and determine if a change is warranted. A change in the buffer zone could reduce transmissions provided to some members.

Commission Memorandum of Understanding (MOU): Colorado 811 and the Department of Labor will establish a Memorandum of Understanding or MOU between the Commission and CO811. The MOU will define the working relationship between CO811 and the Safety Commission to include administrative support, data access and data reporting.

Data Reporting: Consultants have been engaged to develop a data repository and stakeholder reporting engine to support damage incident and stakeholder research for the Commission.

Educational Platform: A web-based learning platform to deliver a modularized learning experience will be implemented. The current Damage Prevention course will be updated to include the changes in the One Call Law and the changes in the CO811 operational procedures.

Damage Prevention Liaisons: CO811 will schedule presentations throughout the State hosted by the five Damage Prevention Liaisons from CO811. These highly informative presentations will review the new legislative mandates and assist with Tier Two member conversions which will begin August 1, 2018.

CO811 will continue to provide regular updates on the changes in the One Call Law and the impact on the CO811 contact center operations and procedures. Please continue to visit the CO811 legislative webpage or contact the Damage Prevention Liaison in your area if you have any further questions.

Thank you,

J.D. Maniscalco

Colorado 811, Chief Executive Officer

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By Whitney Nichols
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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By Whitney Nichols