Underground Construction - April 2022 - 21

This study comes at a critical time for the nation's infrastructure.
Passage of the Infrastructure Investment and Jobs Act
(IIJA) will result in tens of thousands of miles of infrastructure
construction, all of which will take place near existing underground
utilities. Consider these historic investments pending
as IIJA is implemented, including:
* $65 billion for broadband infrastructure
($42 billion for construction)
* $73 billion for improvements to the electric grid
* $55 billion for water infrastructure
* $343 billion for surface transportation
* $1 Billion for municipal gas distribution replacement
* Billions for carbon capture, use and storage
demonstration projects
* Billions of projects to increase use of hydrogen
as a main future fuel source
* Billions of dollars for " brownfields, " Superfund sites, etc.
Sponsors highlight need for investigation
IPC members include the American Pipeline Contractors
Association (APCA), Distribution Contractors Association
(DCA), National Utility Contractors Association (NUCA),
Nulca (representing utility locating professionals) and PCCA.
Many sponsors of the study sounded off on the long-time need
for this national evaluation.
" The important message here is that this is an imminently
fixable situation. We can dramatically improve the system to
improve public safety and cut waste with a combination of law,
regulation, and process changes mirroring what the best performing
states are already doing, " Wagner said.
" All too often, the discussions of damage prevention and how
it relates to pipeline safety focus on the importance of calling
811 prior to excavating, " said APCA President Taylor Dacus of
Troy Construction. " We need to better consider the challenges
facing the facility locating process and the underlying reasons
behind the increasing number of locate requests that are responded
to entirely too late or are unanswered altogether. "
Rob Darden, CEO of DCA, agrees. " This study takes a deep
dive into areas of damage prevention that don't get enough
attention, " he said. " Preventing damages to underground facilities
takes more than calling 811; facilities have to be located
and accurately marked - on time - according to state law.
Increasingly, these responsibilities are not being met in the
field, and the impacts are being recognized across the country. "
In addition to describing the underlying reasons for these
increasing challenges, 811 Emergency includes national recommendations
that encourage states to provide no exemptions
in the damage prevention state law, require damages to be reported,
and ensure balanced enforcement, among other needed
actions. The study suggested that policymakers may need to
restructure the state's penalty structure to provide effective and
equitable enforcement of state law.
Other recommendations include development of a
third-party damage prevention board, establishment of effective
performance metrics, requiring a " positive response " by
operators when they fulfill their locating responsibilities, and a
commitment to strive for continuous improvement.
Upon release, the study was provided to a range of federal
and state agencies that oversee the nation's pipeline safety program,
as well as industry organizations.
" Recognizing the recent enactment of comprehensive infrastructure
legislation, we hope government entities will consider
the findings of this study when damage prevention statutes are
evaluated, " Darden stressed.
" Damage prevention is only possible when all key stakeholders
meet their responsibilities in the process. This study
provides needed information about what works and what
doesn't in state law, as well as recommendations for improvements
to state damage prevention programs at a time when
activity in the underground infrastructure markets is expected
to increase significantly. "
Doug Carlson, CEO of NUCA, commented, " The foundation
of damage prevention is that all excavators notify their 811
centers, and that all underground facility owners belong to their
811 center and accurately locate and mark their facilities in a
timely fashion, according to state law.
" Excavation contractors are facing increasing challenges related
to facility locating, and it's become clear that the problem
of facility operators failing to meet their locating and marking
responsibilities is getting worse. This report does a good job of
identifying and analyzing the underlying reasons for this, which
is becoming a bigger and bigger problem every day. "
While sponsors of the study have received some pushback,
this was anticipated. There were some minor inaccuracies regarding
state statutes; a process was quickly implemented and
corrections were made. Now it's time for the hard part - educating
federal and state policymakers about the need to address
these challenges and encouraging change in federal and state
damage prevention statutes and enforcement practices needed
to improve the entire process.
We're in this midst of the largest buildout of American infrastructure
in history, and effective damage prevention will
be paramount. The sponsors of this study will encourage open
minds and thorough discussion with a range of policymakers in
the coming months and years. *
WYMAN ASSOCIATES offers strategic
consulting with its clients and direct
advocacy before the United States Congress
and executive branch agencies. Working with several allies in Washington and
around the country, provides clients a constant voice in the national debate.
UCONonline.com | APRIL 2022
21
http://www.UCONonline.com
Underground Construction - April 2022

Table of Contents for the Digital Edition of Underground Construction - April 2022
