Page 9 - Mississippi 811 Magazine 2020 Issue 3

Mandatory Positive Response Coming Soon to Mississippi
Finally, some positive news. Positive response, that is.
Nearly buried by grim news
about the ongoing COVID-19 pandemic, a bright spot of bi-partisan cooperation is expected to make a big change to the utility and excavation industries in the state.
With the signature of Governor Tate Reeves in June, HB1334 was signed into law. When it takes effect on January 1, 2021, positive response will be required throughout the state of Mississippi. Many utilities have voluntarily participated in positive response for several years, but this will ensure that everybody is on the same page.
Positive response refers to feedback during the one call process where a utility confirms to the excavator that either the utility’s lines in the area have been marked and work can begin, or there are no lines in the proposed digging area and it’s safe to proceed.
Without positive response, excavators could legally move forward with their project after the 48-hour waiting period but there is always a possibility that without confirmation of an “all clear” message, there could be utilities in the area that were accidentally not marked.
Many utilities are able to mark their facilities in less than 48 hours; positive response means the excavator can begin work quicker, another benefit for excavators.
On the utility owner/operator side, stakeholders are on board because it makes marking utilities more efficient. If a proposed excavation site doesn’t contain any facilities, positive response can lessen the “are we there yet” questions from excavators champing at the bit to start work.
As a result, this is a rare piece of legislation favored by both utility owner operators and excavators.
Tasked with shepherding HB1334 through the Mississippi Legislature was Sandy Sanford, attorney and partner with Cascio Sanford Government
Law Group, and also the lobbyist
who has represented MS811 and the Underground Facilities Damage Prevention Board for several years.
Sandy’s years of experience working with MS811 stakeholders helped him craft a bill that made its way through the legislature with very little pushback.
“The bill passed unanimously in both chambers,” Sandy said. “The damage
prevention community is very invested and knowledgeable about the legislative process — I wear them out about it.”
Sandy said the bill was set to take effect on July 1, 2020, but for the COVID-19 pandemic. Lawmakers thought it would be best to push back the start, as many impacted organizations are closed or have workers temporarily operating from home to comply with social distancing orders.
While the state has had voluntary positive response for quite some time, Sandy said mandatory participation will make things much easier.
“The glaring problem is if only a few don’t use it, it can break down the system,” he said. “The biggest problem is when there are no markings. Either the contractor is going to dig...or hold up the project and wait.”
He also added that the passage of HB1334 is timely, as the state is the recipient of $150 million in federal Coronavirus Aid, Relief, and Economic Security (CARES) Act money that will expand rural broadband internet access. Positive response will smooth out the process of installing the thousands of miles of additional communication lines that will be added to rural rights-of-way across the state.
By Michael Downes 811 MAGAZINES
2020, Issue 3 Mississippi 811 • 7