I respectfully submit this testimony in opposition to HB 1029-FN. HB 1029 proposes to narrow the statutory definition of “excavation” by exempting certain hand planting and shallow irrigation repair activities. While the intent may be to clarify the law, these exemptions are already addressed under existing New Hampshire Dig Safe statutes and established damage prevention practices. As such, the bill is redundant and unnecessary. More importantly, further narrowing the definition of excavation introduces ambiguity into a system that relies on clarity and consistency to protect underground facilities, workers, and the public. Even shallow or hand-dug activities have the potential to damage buried utilities, particularly aging, shallow, or non-standard installations. Creating additional exemptions increases the risk that excavation activities will proceed without notification, undermining the core purpose of RSA 374:51. New Hampshire’s Dig Safe law is aligned with nationally recognized damage prevention best practices, which emphasize notification, communication, and shared responsibility. HB 1029 departs from these principles and risks increasing utility damage, service interruptions, and hazardous conditions, without providing any demonstrable safety or operational benefit. For these reasons, I support the position of NH Dig Safe and the New Hampshire Department of Energy and urge the Committee to find HB 1029 inexpedient to legislate. Thank you for the opportunity to submit this testimony and for your consideration of public safety and infrastructure protection.
HB1029
House · 2026 sessionRepublicanKilled in HouseRedefining excavation for utility damage rules
AIRevises the definition of excavation under underground utility damage prevention law to exclude hand planting of small plants and shallow hand-dug irrigation repairs.
relative to the definition of excavation under underground utility damage prevention laws.
Status
Killed in the House — Inexpedient to Legislate · February 5, 2026- ✓Introduced
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Division of testimony
9 submissionsWhen people rush to do things mistake, mistakes happen. In the world of electricity and underground utilities those mistakes could cost lives. I would hate to see somebody lose their life because of a rushed need forced upon the locators.
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