Ohio & Mahoning Valley - 21 News told you about the gaps in the law that often prevent accountability whenever there is a gas leak caused by human error. 

As it stands, protocols are often ignored and enforcement is spotty at best. 

House Bill 227 aims to strengthen the requirement that the state be notified before any digging takes place in an effort to reduce the number of gas leaks. 

Under the bill, anyone who digs would need to give notice at least two working days not including the day of the notification, but not more than 16 calendar days prior to commencing construction operations in the construction area.

“Today, if you call in a ticket at  1:00 on a Monday, it's due one o'clock on Wednesday, most people aren't going to see that in their workload until Tuesday, so they really don't have a true 48-hours to respond to that notice,” said Roger Lipscomb, executive director of Ohio811.

Under current law, some utilities are exempt from calling 811. The new bill would eliminate that exemption. The new bill also narrows some exemptions for shallow work, like some road work. But in some cases, it still allows for digging up to one foot without calling ahead. 

Sarah Magruder Lyle, president and CEO of the Common Ground Alliance, said it's still not enough. 

“We need to get rid of special interest exemptions for calling 811 as you saw in the dirt report, a quarter of the damages that we see are because the excavator did not contact 811 before digging. Period.”

And the bill does nothing to address the fact that fines for leaks are only levied if someone voluntarily reports the problem. So, is it enough? 

Lipscomb said this is a step in the right direction, but there is always more work that needs done.

“There is no one bullet that's going to fix this. It's a whole series of things, and it's a continuous effort,” said Lipscomb.

State Representative Monica Robb Blasdel, who sponsored the bill, said the bill updates the definition of excavation, and will allow Ohio to be eligible for funding through the Pipeline and Hazardous Materials Safety Administration. She said Ohio lost that federal grant funding in 2012-2013, the same year Ohio started passing legislation to improve its excavation laws.

Blasdel sent 21 News this statement:

“This bill was drafted after I toured the Ohio Utilities Protection Service (OHIO811) call center in North Jackson (Mahoning County). These issues were brought to my attention by the Ohio Underground Damage Prevention Coalition – a group of industry leaders and stakeholders, committed to ensuring safe excavation practices. 

This bill will adjust the excavation notification timeline, which will enhance public safety, and provide utilities and excavators with increased flexibility to ensure proper coordination. By improving the process, the bill reduces the risk of hitting gas, water, and utility lines, which can lead to catastrophic outcomes.  

This language also updates the definition of “excavation”, to once again make Ohio eligible for federal grant funding through the US Department of Transportation through its office of Pipeline and Hazardous Materials Safety Administration (PHMSA). Prior to becoming ineligible for the prevention grants administered through PHMSA, Ohio had received $150K to develop, implement and promote the Ohio Universal Marking Standards. By regaining eligibility for these dollars, Ohio can continue to promote and support safe excavation practices.”


State Representative Tristan Radar, who cosponsored the bill, also sent 21 News a statement:

"I’m proud to co-sponsor this bill and support the work that so many others led on this effort. The primary sponsors and stakeholders who carried this legislation forward did the heavy lifting, and they deserve real credit for bringing people together and doing the hard work of building consensus.

I was glad to be a supportive voice in the process, to ask important questions, and to help push the conversation toward accountability and worker safety. This bill is a meaningful step in the right direction for holding utilities responsible and creating clearer standards that protect the people doing dangerous work every day across Ohio.

It shows what’s possible when we bring all stakeholders to the table, have an honest, comprehensive conversation, and focus on outcomes that keep workers safe and communities protected."


The bill passed the House unanimously and is now awaiting Senate consideration.