Sec. 1. 23 MRSA §3360-A, sub-§6-D is enacted to read:

6-D.__Exemptions; evidence of record.__Notwithstanding subsection 6-C, the Public Utilities Commission may not impose any penalty on a violator or require participation in an educational program if:

A.__Fewer than 2% of the excavations undertaken or locations marked by the violator in the previous 12 months resulted in violations;

B.__The cost to repair facilities damaged by the current violation is less than $5,000; and

C.__There were no injuries as a result of the violation.

SUMMARY

This bill is designed to give the Public Utilities Commission guidelines in establishing when a fine or further education is required as a result of violations by an excavator. The guidelines are included to assist the commission in interpreting existing language that requires the commission, before it imposes penalties, to consider evidence of the record of the violator, including, to the extent applicable, the number of successful excavations undertaken by the violator or the number of locations successfully marked by the violator during the prior 12 months.