On November 26, Governor Rick Snyder signed Public Act 174 into law. Otherwise known as the MISS DIG Underground Facility Damage Prevention and Safety Act, this legislation is set to replace Michigan's long standing One-Call Law, Public Act 53, on April 1, 2014. The signing of this new "MISS DIG Law" is a culmination of over a decade of work by the Michigan Damage Prevention Board (MDPB) a group of utility, regulatory, and excavation stakeholders that came together to establish improved regulations and requirements for an enhanced damage prevention atmosphere in the Great Lakes State.

Public Act 174 more clearly defines the responsibilities of the effected stakeholders compared to its predecessor. In fact, the new legislation contains 31 definitions in an effort to eliminate many common issues that have existed in regards to interpreting the previous "MISS DIG Law". In addition, the law establishes a clear standard for the requirement of hand exposing and/or soft excavation, as well as mandates utility participation in MISS DIG programs such as Positive Response and Design Ticket. The law was, in part, modeled after a set of best practices established by the MDPB in 2003. While the requirements spelled out in the new legislation require additional action from all stakeholder groups, the end result is an environment with fewer questions in the field, and in the courts, based on challenges with legal interpretation.

In a trend supported by the federal government, the new law establishes an enforcement authority and penalties for noncompliance. Under this act, the Michigan Public Service Commission will enforce the provisions of Public Act 174. The Commission will establish a process in which utility owners and excavators can file complaints that will be investigated. Based on the Commission's findings, they can issue fines and/or training requirements for parties found to be in violation of the law. Penalties assessed by the Public Service Commission will have no impact on a party's right to seek civil remedies, such as repair costs for damaged utility lines.

While Public Act 53 of 1974 remains in effect until April, the passing of this new damage prevention legislation is an extremely positive step towards reducing utility damages and creating a safer work environment in Michigan. With enhanced definitions, response requirements, and actual enforcement, all stakeholders should expect the parties they work with, and around, to be better educated on what is expected of them from the call to MISS DIG, to the completion of each project. To view the MISS DIG Underground Facility Damage Prevention and Safety Act, please visit www.missdig.org.