HB 1666: Public health and safety; Underground Facilities Damage Preventions Act; modifying definition of excavate; effective date. - Oklahoma

Floor (House) → Floor (Senate) · 4 edits

MODERATE

The bill was amended to transition from a House draft to a Senate floor version, incorporating specific committee amendments that refine the legal definitions of key terms like 'excavation' and 'certified project.' These changes clarify exemptions for routine agricultural activities and public maintenance while tightening the requirements for what constitutes a 'certified project' to ensure underground facilities are properly located before construction begins.

Scope change

The scope of applicability remains focused on public health and safety regarding underground facilities, but the specific criteria for exemptions and project certifications have been modified to align with Senate committee recommendations.

DEFINITION

The definition of 'Excavate' was modified to explicitly exclude non-commercial agricultural activities (like posthole digging) and routine maintenance of county roads, clarifying when work does not require special notification protocols.

The definition of 'Certified project' was modified to require that the public agency consults with the statewide one-call center to verify the right-of-way is clear of underground facilities before certifying the project.

The definition of 'Preengineered project' was modified to mandate a meeting with underground facility owners prior to construction, ensuring they have an opportunity to verify the location of their lines.

New formatting and structural elements were added, including a specific amendment header and page markers indicating this is the Senate Floor Version.

Proposed Policy Committee Substitute 1 → House Committee Substitute · 4 edits

MODERATE

The bill was amended to remove a specific exemption for grading county roads, thereby expanding the requirement for underground facility notifications to include these projects. Additionally, the amendment reorganized the definitions section to clarify terms like 'public agency' and 'routine maintenance' while updating the definition of 'underground facility' to explicitly include carbon dioxide pipelines.

Scope change

The bill's scope was expanded by removing an exception that previously allowed county road grading to bypass certain underground facility notification procedures.

ELIGIBILITY

Deleted the specific exception allowing county road grading to be exempt from underground facility notification requirements.

DEFINITION

Added a new definition for 'public agency' to clarify which entities are subject to the bill's rules.

Added a new definition for 'routine maintenance' to specify activities like road grading and drainage work that are now covered.

Updated the definition of 'underground facility' to explicitly include carbon dioxide pipelines alongside existing categories like gas and water lines.

Enrolled (final version) → Proposed Policy Committee Substitute 1 · 4 edits

MODERATE

The bill was completely rewritten by the Policy Committee to add new requirements and definitions. The most significant change is the addition of a new section requiring the use of powered or mechanized equipment for certain excavations, expanding the scope of activities regulated under the Underground Facilities Damage Prevention Act. The committee also added a specific exception allowing the grading of county roads without changing the road grade or ditch flow line to proceed without full excavation protocols.

Scope change

The bill's scope was expanded to explicitly regulate the use of powered or mechanized equipment for excavation, whereas the original version focused primarily on the act of digging itself. Additionally, a new exemption was created for routine grading of county roads.

REQUIREMENT

Added a new section requiring the use of powered or mechanized equipment for excavation activities.

DEFINITION

Added new definitions for 'Certified project', 'Damage', 'Demolish', 'Demolition', 'Excavate', 'Excavation', 'Excavator', 'Notification center', 'Operator', 'Permitted project', 'Person', 'Preengineered project', 'Public agency', 'Routine maintenance', 'Underground facility', 'Design', 'survey', 'Watch and protect', 'Pre-excavation meeting request', and 'Large projects'.

SCOPE

Modified the scope of the bill to include amendments to 63 O.S. 2021, Section 142.7 regarding the use of powered or mechanized equipment.

ELIGIBILITY

Added an exception for the grading of county roads that does not change the existing road grade or ditch flow line.

Engrossed → Enrolled (final version) · 3 edits · May 19, 2025

MINOR

The bill was finalized and enrolled for signature, retaining its core purpose of updating definitions for the Oklahoma Underground Facilities Damage Prevention Act. The substantive policy changes include adding new definitions for 'Design or survey,' 'Watch and protect,' 'Pre-excavation meeting request,' and 'Large projects,' while removing the definition for 'Permitted project.' These additions aim to clarify procedures for planning large projects and protecting underground utilities during the design phase.

Scope change

The bill's scope remains focused on amending definitions within the Oklahoma Underground Facilities Damage Prevention Act; no changes were made to the bill's overall applicability or jurisdiction.

DEFINITION

Added new definitions for 'Design or survey,' 'Watch and protect,' 'Pre-excavation meeting request,' and 'Large projects' to clarify utility protection protocols and project planning requirements.

Removed the definition for 'Permitted project,' which previously outlined specific permit requirements for certain excavation work.

TECHNICAL

Converted the document from the 'Engrossed' version (pre-signature) to the 'Enrolled' version (final version ready for the Governor's signature), with minor formatting adjustments.

Introduced → Engrossed · 1 edit · May 8, 2025

MINOR

The bill text was reformatted from an 'Introduced' draft to an 'Engrossed' version, which typically indicates it has passed the House and is ready for the Senate. The substantive legal definitions and requirements within the bill text appear unchanged, though the formatting of page headers and line breaks was adjusted.

Scope change

No substantive change to the bill's scope or applicability; changes are primarily formatting and procedural status updates.

TECHNICAL

The document header was updated to reflect the bill's new status as 'Engrossed' rather than 'Introduced', and page numbering was reorganized to match standard legislative formatting.

Public health and safety; Underground Facilities Damage Preventions Act; modifying definition of excavate; effective date.

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