FAQs
TOP 25 QUESTIONS ABOUT THE NEW JULIE LAW
Pre-marking
If you are installing miles of fiber you have a Large Project and it would be recommended to hold a Joint Meet and pass out plans, schedules, sequence of installation, number of crews, etc. The first set of tickets submitted after a Joint Meet would require 5 days advance notice and physical pre-marking then the remaining would be submitted as agreed to at the Joint Meet. When at the Joint Meet, you and the attending facility owners or operators can review plans and see if they are defined enough to be used in place of physical pre-marking. Without a Joint Meet you would be required to physically Pre-mark all locate requests or provide a clear and concise verbal description
A verbal or written pre-mark is adequate when the scope requested to be marked is narrow and explicit enough to prevent marking beyond the actual area of excavation or demolition. An existing above ground fixed structure may be referenced as a verbal or written pre-mark. Example: Extent on the ticket reads ”Locate Entire Property” type of work install drop. That is vague. A better verbal description would be – Locate a 10-foot wide path from the electric meter on the rear of the house around the East side of the house then South for approximately 50 feet to the road Right of Way then go East along the North Right of Way of the addressed street for approximately 30 feet to the handhold.
Yes – it would depend on the type of work being proposed.
The burden of proof would be on you to prove the proposed excavation site was pre-marked prior to submitting your locate request. It is a best practice to take pictures of your pre-marks just as the locators take pictures of their utility facility marks.
Timelines
A day is a full 24 hours of a day. A day does not include weekends, JULIE recognized holidays, and the day you contact JULIE. The law requires a minimum of 2 days advance notice but not more than 10 days advance notice before the start of the excavation.
It does not matter what time of day you contact JULIE because the day you contact JULIE does not count towards your advance notification, a minimum of 2 days but not more than 10 days.
The law requires you to request a remark when the facility marking becomes indistinguishable due to excavation activity, weather, or vandalism. The law requires that you pre-mark the area you are going to request to be remarked prior to contacting JULIE. Only the area where excavation is to continue shall be requested to be remarked. A remark requires a 2 day advance notice and the day you contact JULIE does not count towards the advance notice.
Tolerance Zone
If the width of the facility is indicated by a painted number with inch marks then the excavator has to measure ½ of that number on each side from the center of the painted centerline and that provides the width of the facility now the excavator has to add 18” on each side to provide the width of the tolerance zone from the surface of the earth to the depth of the proposed excavation. Explain the width of paint scenario if width is known and unknown? If the width of the facility is unknown then the excavator has to add 18” on each side of the painted centerline to provide the width of the tolerance zone from the surface of the earth to the depth of the proposed excavation.
The law provides no exception for depth to the requirement to hand excavate within the tolerance zone to the depth of the proposed excavation prior to using mechanical equipment within the tolerance zone.
There is a 18” tolerance zone around visible utility structures from the surface of the earth to the depth of the proposed excavation.
Joint Meet
The Joint Meet is not a locate session. After the Joint Meet the excavator will be required to submit their locate requests based on agreements reached at the Joint Meet. The first set of locate requests shall be physically pre-marked prior to the Joint Meet and a 5 day advance notice provided on those locate requests.
The facility owner or operator or their locate contractor not requesting prior to the meeting an alternate meeting date and time due to a conflict will be bound by the agreements reached by those facilities in attendance.
Planning/Design
A facility owner or operator shall respond to a valid planning design request within 10 days after receiving the request or by such other date as shall be mutually agreed upon between the underground utility facility owner or operator and the designer or planner.
Reasonable Control Measure
Yes, there is no provision to prevent the facility owner or operator or their locate contractor from requesting additional time to perform the needed locate and marking.
If the excavator denies the request for additional advance notice they will be required to provide a reason for the denial. The law states that both the excavator and facility owner or operator shall work in a good faith effort to establish a mutually agreeable date and time for the completion of the request.
The locate request is a historical notice and will not change. The notification of the request for additional advance notice will contain the date and time that has been agreed to so both parties will have that information.
Watch & Protect
The facility owner or operator can provide a response code through the Positive Response system notifying the excavator that they want to be on site during an excavation near their facilities within the proposed excavation extent. The facility owner or operator is required to contact the excavator and work with their schedule to perform the watch and protect.
Positive Response
The positive Response system is being developed so that when all notified facility owners or operators have provided a response of all clear or marked the system will send the excavator a notification informing that all have responded with an all clear or marked and the law requires the excavator to acknowledge those responses and at that time the excavator will be valid to dig even before the dig start date and time on the locate request. The system will also transmit a notification at the valid dig start date and time providing the responses received by the facility owners or operators.
No. The expiration date is 25 days after the notice is made to JULIE.
The excavator will be required to provide which facility owner or operator was nonresponsive to the locate request by the valid dig start date and time. The call center agents will have access to the Positive Response System responses and will not accept no-shows for facility owners or operators who have provided a response before the valid dig start date and time.
The system is currently in development. We anticipate training on the new system will take place in early 2025. It is being developed to allow for ticket management systems to interact with it via an API. The list of codes for the system are available by clicking here. For more information on Positive Response System, contact Member Services – memberinfo@julie1call.com
Locatable Laterals
Yes. All laterals within the public Right of Way or utility easement that is completely replaced or newly installed after January 1, 2026, are required to be made locatable by electromagnetic means or equally effective means.
Penalties
If you mean the facility owner or operator then if they have provided a response before the valid dig start date and time and documented and attached to the Positive Response System any communication with the excavator they have provided communication that they were not willfully nonresponsive. But if they have not marked or provided an all clear prior to the dig start date and time and a no-show is called in on that facility owner or operator then they are required to respond within the 2 hours or by the date and time provided. If you mean the call center agent they will have access to the Positive Response System and will not accept a no-show for a facility owner or operator that has provided a response before the valid dig start date and time unless the excavator provides information site specific as to the non-responsiveness of the facility owner or operator.
Excavator Request Own Ticket
Yes, the law requires the excavator make the request. Excavator is defined as any person or legal entity, public or private, that engages in excavation or demolition work.
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