2023 Law Changes
CHANGES TO THE DAMAGE PREVENTION ACT
Throughout 2022, a group of stakeholders, working with the Advisory Committee and the State Corporation Commission, formed Taskforce 2022. The task force was committed to examining the Underground Utility Damage Prevention Act of Virginia to modify the law to improve damage prevention in Virginia.
After months of work, the stakeholders submitted these proposed changes to the General Assembly. Both houses passed this legislation, and the Governor signed these proposals into law effective July 1, 2023.
These amendments are significant as it marks the first substantial modifications to the Act in almost a quarter of a century.
A new PDF supplement is available that serves as an update to the Virginia Professional Excavator’s Manual.
This appendix contains the most pertinent changes and can be printed out to keep with existing manuals for easy reference.
Download the Addendum to Excavator Manual here:
FREQUENTLY ASKED QUESTIONS
For a list of frequently asked questions and answers regarding the recent law changes, click below:
Currently, there are no scheduled town hall meetings.
OVERVIEW OF CHANGES
§ 56-265.17
What has changed:
- The area covered under each locate request shall not exceed one-third of a mile.
Definitions
What has changed:
“Locate request” substituted for “notice served on notification center” – consistent name.
“Exigent circumstances” – added to recognize circumstances other than acts of God which may inhibit timely line marking.
“Positive response system” added to Act in order to more formally recognize positive response system.
§ 56-265.17 / § 56-265.24
What has changed:
- Requires review of positive response system prior to commencing excavation.
- Creates stricter guidelines for conduct prior to commencing excavation after 48 hours.
- Removes “Special Project”
§ 56-265.19
What has changed:
* Allows for scheduling of excavation up to 12 working days out allowing more flexibility regarding the scheduling of work dates of marking. Relative to scheduled excavations, tickets will remain open for 15 working days following the stated date of work.
*Effective January 1, 2024, Virginia 811 will offer the ability of scheduling excavation up to 12 working days out allowing more flexibility regarding the scheduling of work dates for marking. Relative to scheduled excavation, tickets will remain open for 15 working days following the stated date of work.
§ 56-265.24:1
What has changed:
- Penalty for refusing to cease excavation when Commission Staff has made a determination the excavation in progress presents of a threat to life, health, and property.
- Includes education and outreach amongst Commission’s authority when enforcing the Act.
§ 56-265.32
What has changed:
Increases possible fines from $2,500 to $5,000, AND up to $10,000 for failure to contact Virginia 811 and submit a Locate Request prior to excavation (§56-265.17A).
LOCATE REQUEST BEST PRACTICES GUIDE
The Best Practice Guide contains helpful information for understanding the new law change for one-third of a mile
and how to describe non-linear areas of excavation.
Virginia’s Legislative Information System (LIS) is a platform where users can access and review the Underground Utility Damage Prevention Act in Virginia. It provides the entire updated text of the Act, including its various sections and provisions. Users can navigate through the website to explore the specific details, regulations, and requirements outlined in the Act related to the prevention of damage to underground utilities.
To review the amended Underground Utility Damage Prevention Act of Virginia: