Ohio Municipal League
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Columbus, Ohio 43215

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John Mahoney
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Oops! We Need Your Thoughts on OUPS.

For the last few years a concept for a bill and drafts of that concept have been kicking around the halls of the Statehouse. Under this proposal Ohio's "call-before-you dig" laws would be replaced with a new law and a new system that would require the establishment of a one-call, statewide system to which everyone involved in underground infrastructure of any kind would have to belong. Drafts of this concept are embodied in HB 393 and SB 193, though activity around this proposal seem to center on the House and its version, which is sponsored by Rep. Lynn Olman (R-Maumee). This proposal flies under the acronym "OUPS," as in "oops," which is the underground utility protection service currently in existence which is expected to have the best chance of becoming the single new system. Many municipalities in Ohio already belong to this service.

Under provisions of the bill, all municipalities would have to join this new statewide system and provide the system with all information regarding the municipality's underground systems, such as the location of all water and sewer lines. Before anyone breaks ground for a public or private contract, they would have to call the new system and get the information available about what is under the ground in terms of utility lines. The owner of those lines would be notified of this request for information and be required to field mark its lines at the site in question.

Because OUPS would like to be this new, single system, because OUPS has many members from both the public and private sector and because the concept of a single call system, on its face, makes sense, this proposal has strong supporters both in and out of the General Assembly. For those same reasons listed above, the bill also has its opponents.

There is another system in place, primarily associated with the oil and gas industry, which, if in the likely event it does not become the single system, will be required by the bill to commit corporate hari kiri and cease to do business in Ohio. This likelihood has led the Oil and Gas Association and some of their friends to find all kinds of flaws with this concept.

Additionally, there are questions about whether this bill would shift much of the liability when digging and either flooding or blowing up neighborhoods from those doing the digging to those who were providing the information about where it is safe to dig.

For municipalities and other public sector groups, there is also a question of why, if this matter is so important, would the state require uniquely all public agencies to participate in a private entity (OUPS), rather than a public safety program. At least, with a public program, a participating municipality would know up front how and who would be setting fees and policies regarding the municipality's participation.

Under a public program, open meetings, open records and rule-making processes would be part of the law. With a private entity none of that is clear, nor is the make-up of the governing board assured. For a municipality, the governance of such an entity may cause more hesitancy when you realize that your co-members in this venture are the same utility companies which recently included in the budget an amendment meant to thwart municipal power over the management of the public's right-of-way, where much of the infrastructure subject to digging safety is situated.

Having outlined the goals and some of the questions which can be raised about this bill, we need your input. Many of your municipalities have had experiences with OUPS. Are those positive or negative and in what ways? Whether you participate in OUPS or not, would the problems of underground digging be helped by having a centralized system of information? Of all the negative questions about this bill raised above, which to you seem most important? Does the goal of having a centralized system of information dwarf most of the negative concerns raised ?

This is one issue where your calls or letters would be very helpful. With the limited amount of session remaining this year, there is time to hear from you to help us formulate a clear position on this proposal. Please, take the time to let us hear from you if you have any thoughts on this matter.

SENATE PENSIONS SYSTEMS SUBCOMMITTEE, 9 a.m., Hearing Room 110

SB 93 LAW ENFORCEMENT RETIREMENT (Watts) Permits members of the Public Employees Retirement System Law Enforcement Division with at least 25 years of total service credit to retire at age 48 with full benefits. (2nd Hearing)

SENATE INSURANCE, COMMERCE & LABOR, 10 a.m., North Hearing Rm.

SB 169 PUBLIC EMPLOYER INSPECTIONS (Wachtmann) Eliminates the biennial safety inspection required for a public employer that is exempt from the Public Employment Risk Reduction Program and substitutes an optional inspection. (1st Hearing)

SENATE WAYS & MEANS, After Session, South Hearing Rm.

HB 186 PERS CREDIT (Jolivette) Changes the method of computing the cost of purchasing military service credit for eligible members of the Public Employees Retirement System. (2nd Hearing - Possible vote)

SB 193 UTILITY EXCAVATIONS (Blessing) Provides for the establishment and operation of a single, statewide, one-call notification system as a means of preventing or minimizing damage to subsurface facilities as a result of excavations occurring in this state. (1st Hearing)

SB 144 PERS PAYMENTS (Johnson) Requires the Public Employees Retirement System to credit interest on a member’s contributions and, under certain circumstances, pay an amount of the employer contributions on the death of a member or withdrawal of a member’s contributions. (3rd Hearing - Possible vote)

HOUSE COMMERCE & LABOR, 7:15 p.m., Rm. 121

HB 434 CONTRACTOR CERTIFICATION (Buehrer) Requires statewide certification of specified contractors and makes additional modifications to the Construction Industry Certification Law. (1st Hearing)

HOUSE LOCAL GOVERNMENT & TOWNSHIPS SUBCOMMITTEE, 9:15 a.m., Rm. 115

HB 267 FARMLAND PRESERVATION (Krebs) Requires the Director of Agriculture to be notified when land in an agricultural security area is to be appropriated by eminent domain and makes other changes. (2nd Hearing)

HOUSE WAYS & MEANS, 2 p.m. or after session, Rm. 018

HB 477 INCOME TAX AUTHORITY (Mottley) Modifies the authority of municipal corporations to impose income taxes. (2nd Hearing - Substitute bill to be offered) (Proponent--Opponent Testimony)

HOUSE LOCAL GOVERNMENT & TOWNSHIPS, 4 p.m., Rm. 121

HB 368 SPECIAL IMPROVEMENT DISTRICTS (Schuler) Expands the types of permissible provisions of initial services plans for special improvement districts and makes other changes. (3rd Hearing - Possible vote)

HB 440 LAW LIBRARIES (Womer Benjamin) Modifies the provisions governing the distribution of fines, penalties, and forfeited bail to law library associations. (1st Hearing)