City Attorney's Office
Reference: Opt in to Statewide Safety Commission
To: Mayor Gregory Mills and Members of City Council
Through: Michael Martinez, City Manager
Prepared By: Alicia Calder?n, City Attorney
Date Prepared: July 18, 2022
PURPOSE
To approve a resolution to opt in to the State Underground Damage Prevention Safety Commission for setting standards, reviewing complaints, and enforcement of the underground damage prevention program.
STRATEGIC FOCUS AREA
Facilities, Amenities, and Open Space
Supportive, Sustainable Infrastructure
Strong Regional Relationships and Partnerships
BACKGROUND
In 2018, the state legislature passed Senate Bill 18-167 to increase enforcement of requirements related to the location of underground facilities through the creation of a Statewide Safety Commission. The bill made other changes as well, such as requiring all entities that have underground facilities to be a Tier 1 member of the 811 Colorado notification organization and requiring all underground facilities to be locatable. Anyone conducting excavation is required to contact Colorado 811 to be informed of underground facilities within the excavation area, which owners and operators are required to mark. Another change also requires that when municipalities hire an outside engineer for construction projects, the engineer must meet ASCE 38 standards (American Society for Civil Engineers). This does mean increased costs, which the legislature knew to be the case. The fiscal note attached to the bill says "it will also create new expenditure impacts for local government entities..." Finally, the bill created the Underground Damage Prevention Safety Commission to advise on best practices and review complaints alleging violations of the state's excavation laws. The commission consists of 15 Governor-appointed members. Home rule local governments are not subject to the commission's enforcement authority and may create their own similar enforceable damage prevention safe...
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