First Regular Session
Sixty-second General Assembly
LLS NO. R990913.01 Julie
Hoerner
STATE OF COLORADO
APPROPRIATIONS
BY SENATOR Evans;
also REPRESENTATIVE Lee.
SENATE JOINT RESOLUTION 99-042
CONCERNING A STUDY TO BE CONDUCTED BY THE TRANSPORTATION
LEGISLATION REVIEW COMMITTEE REGARDING THE EFFECTIVENESS OF UNDERGROUND
UTILITY NOTIFICATION.
WHEREAS, There has been and continues to be significant
growth occurring throughout Colorado, specifically the building
of homes and businesses, and road expansion has surged and is
projected to continue to expand; and
WHEREAS, Continued record growth, increased customer
demand for more services from multiple providers, and use of newer
excavation technology, specifically boring, has resulted in increased
frequency and severity of damage to underground utility facilities;
and
WHEREAS, The notice requirements for excavation in
areas in or about underground utility facilities outlined in article
1.5 of title 9, Colorado Revised Statutes, have attempted to address
the problems associated with excavation in or about underground
utility facilities; and
WHEREAS, In today's environment these state laws
may be the most appropriate mechanism to fulfill the mission of
public safety and underground utility facility damage protection;
and
WHEREAS, Evaluation and suggested modification of
the requirements of article 1.5 of title 9, Colorado Revised Statutes,
needs to be conducted to strengthen the effectiveness and enforcement
of these provisions; and
WHEREAS, Over the past year, owners and operators
of underground utility facilities have experienced an escalation
in the severity of damage to gas, electricity, cable television,
and telephone lines, which has negatively impacted network operations
and the quality of service provided to customers; and
WHEREAS, Interrupted access to public health and
safety providers, specifically through disruption of emergency
911 telephone service, occurs when telephone lines are cut or
damaged through excavation; and
WHEREAS, Customers today rely more than ever on advanced,
reliable utility and other systems where even the smallest interruption
can create a significant impact on business and households; and
WHEREAS, Public health and safety is directly dependent
on maintaining the integrity of the state's natural gas and electricity
distribution systems; and
WHEREAS, Strict liability offers one solution to
the problem of damage to underground utility facilities as a result
of excavation, however, other solutions may exist and should be
evaluated; now, therefore,
Be It Resolved by the Senate of the Sixtysecond
General Assembly of the State of Colorado, the House of Representatives
concurring herein:
(1) That the Transportation Legislation
Review Committee, established pursuant to section 432145,
Colorado Revised Statutes, consistent with its statutory duty
to review all transportation legislation, study and evaluate the
effects of excavation, notice requirements, and the burden that
damage to underground utility facilities causes to the consumers
and the utility facility owners and operators by excavation for
the purpose of evaluating the effectiveness and enforcement of
article 1.5 of title 9, Colorado Revised Statutes.
(2) That the Transportation Legislation
Review Committee further study methods to deter damage to underground
utility facilities as well as cost recovery mechanisms for underground
utility facilities damaged as a result of excavation.
(3) That, in conducting such study, the
Transportation Legislative Review Committee may consult, as necessary,
with appropriate local, state, and federal agencies; interested
members of the public, including, but not limited to, the Utility
Notification Center of Colorado and members representing electric
cooperatives, communications companies, electric distribution
companies, water and sanitation districts, municipalities, liquid
pipeline companies, gas distribution companies, gas transmission
companies, cable television companies, contractor associations,
facility owners' employees including a member of a labor bargaining
unit, and contract locators; and interested members of the General
Assembly. The study shall not require additional staff for any
state agency or any additional appropriation to any state agency.
(4) The Transportation Legislation Review
Committee may appoint subcommittees to evaluate particular issues
of this study.
(5) The Transportation Legislation Review
Committee shall report its findings and recommendations to the
Legislative Council for the introduction of proposed legislation
at the Second Regular Session of the Sixtysecond General
Assembly.
(6) That all expenditures incurred in
the conduct of the study enumerated in this resolution shall be
approved by the chairperson of the Legislative Council and paid
by vouchers and warrants drawn as provided by law from moneys
allocated to the Legislative Council for legislative studies from
appropriations made by the General Assembly.
Be It Further Resolved, That copies of this resolution be sent to the Chairperson of the Transportation Legislation Review Committee, the President of the Senate, and the Speaker of the House of Representatives.