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House approves excavation‑safety changes to require electronic positive response; amendment on waterbodies withdrawn for later work

May 16, 2026 | 2026 Legislature MN, Minnesota


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House approves excavation‑safety changes to require electronic positive response; amendment on waterbodies withdrawn for later work
The House passed Senate File 4339 to refine Minnesota’s excavation‑notice law by adding an electronic positive response (EPR) requirement so utilities must confirm marking/locating via text, email or phone and thereby improve communication and safety for anyone digging.

Representative Kraft (the author) described the bill as a safety improvement that centralizes electronic confirmation so excavators know when facilities have been marked. Representative Sexton introduced a late amendment to broaden the definition of excavation to include water bodies and related excavation near ditches and watersheds; Sexton withdrew the amendment and said stakeholders would continue work on the issue.

Representative Kraft framed the bill as nonpartisan safety legislation and urged support; final roll call recorded unanimous approval (133–0).

Why it matters: EPR is intended to reduce strikes on underground facilities (gas, electric, broadband) by confirming locate status rather than relying on assumptions after the standard 48‑hour response window. The change is procedural but aimed at reducing utility‑strike risks across the state.

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