Page 7 - New Mexico 811 Magazine 2022 Issue 2
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just to ensure the locate further north is completed within that 48-hour window. Prior to New Mexico becoming a “midnight state,” the locator would simply complete all locates in sequential order as he or she drives from south
to north. This inefficiency is the problem we are hoping
to solve, but it also indirectly leads to additional problems including (1) difficulty for the utilities, locators, and excavators in tracking response deadlines (all tickets are due at different times); (2) more late tickets; and (3) unnecessary communication and unpredictability for excavators in trying to track when their locates will be completed.
So, your proposed solution to late locates is this new rule?
Yes, we proposed changing New Mexico to a “midnight state,” such that the locate deadline would end at midnight on the second business day after the request—instead of
the exact 48-hour increment. As I stated earlier, this will allow the locator to complete more locates more efficiently as he or she traveled from south to north without fear that the one farthest north would be late. It is expected that all locate requests will be completed timely and, notably, the ones that the locator would have passed by in the example given would end up being completed earlier than they would have been in the “clock state” scenario. This ultimately
to the New Mexico 811 website at www.newmexico811.org and clicking on the slider on the home page. It takes you to a link for the final order as well as a spreadsheet designed to show you how the new rule will impact your “locate by” time.
Any idea of the target date for the new rule to be enforced?
It is hard to determine when the actual date will
be. A couple of things must fall into place before the Midnight rule can be enforced. First of all, a rule can’t
be implemented until it is published in the New Mexico Administrative Code registrar. I expect that will be around May 24, 2022. Secondly, it is going to take some time before New Mexico 811 will be able to adopt necessary changes
in their software to allow for the change and, as there
has always been, a friendly grace period given to educate stakeholders about the rule will be warranted. Having said all that, my target date for enforcing the rule is July 1, 2022. The actual date could certainly be different depending on several things, but I believe July 1 is a reasonable target date.
What happens if the percentage of late locates is decreased after the implementation of the new rule?
I fully expect there will be a significant decrease in late locates. I also believe the new rule will decrease excavator downtime. This rule was not a knee-jerk reaction to a problem. We began exploring potential solutions to both issues almost eighteen months ago. We’ve talked to locators, utility facility owners and excavators about the issues and invited them to provide feedback as to the value of this rule.
This rule was passed with the belief that all stakeholders involved in the process would work together to minimize or eliminate the cycle of late locates that currently frustrates us all. I would say that the passing of this rule should
be seen as a statement that late locates in New Mexico is unacceptable.
What does “late locates in New Mexico is unacceptable” mean?
It means that after the rule is fully implemented into our program, stakeholders responsible for timely and accurate locates are going to be held accountable. Basically, we
can no longer adjust to utility companies that fail to mark for excavators who have done their due diligence. So, enforcement action will be considered when the rule is ignored or abused in part because it is a matter of fairness. After all, damage prevention is a shared responsibility.
Any last thoughts?
I will say that the stakeholders impacted by the rule have already agreed that this is our best chance to get it right. That makes me hopeful that this will work because the stakeholders have agreed to work together to make it work. I would just remind those that provide the locates, now that you have the time, take the time to provide timely and accurate locates.
I will say that the stakeholders impacted by the rule have already agreed that this is our best chance to get it right.
leads to better service and timely locates for the excavation community. All stakeholders involved benefit from having more predictability and can better plan. Notably, changing to a “midnight state” may have little negative effect on the excavators despite the slight lengthening of the location deadline. Again using the example previously provided, if a locator is passing by several locates in an effort to complete a further-away locate that is due by 4 p.m., in reality, the excavation at that site is unlikely to start until the next day anyway due to the 4 p.m. locate deadline and, therefore, it often makes no meaningful difference whether that specific locate is completed by 4 p.m. or 9 p.m. (which would be permissible under a “midnight state” scenario but not under “clock state” rules). Chasing the 48-hour clock unnecessarily results in the skipped locates not being completed until later and often the next day. In addition, it is simply easier to track the time a ticket is due because it is always midnight instead of a different time for each ticket. Excavators have generally been supportive of this change. The change is expected to result in more on-time tickets, more overall tickets being completed, better quality locates, and more efficiency and predictability for everyone involved.
How can stakeholders view the new rule?
One of the easiest ways of viewing the new rule is by going
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