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An Act To Require Clarification of the Dig Safe Standards
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §3360-A, sub-§13, as enacted by PL 2005, c. 334, §3, is amended to read:
 
13. Rules.   The Public Utilities Commission may adopt rules necessary to implement this section. The rules must include a clear enunciation of the standards applicable to excavations under this subchapter, including guidance on notice requirements and acceptable premarking procedures. Except as otherwise specified in this section, rules adopted under this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. Working group; Dig Safe standards. The Public Utilities Commission shall convene a working group to study issues relating to clarifying the rules applicable to the dig safe system adopted pursuant to the Maine Revised Statutes, Title 23, section 3360-A, subsection 13. The working group must include but is not limited to representatives from affected citizen groups, including entities engaging in excavation activities. The working group shall investigate the feasibility of clarifying the rules to facilitate compliance with applicable statutes and rules and to eliminate regulatory uncertainty. The working group shall also develop guidance on notice requirements and acceptable premarking procedures. The Public Utilities Commission shall report to the Joint Standing Committee on Energy, Utilities and Technology with findings and recommendations no later than January 15, 2012.
 
SUMMARY
This bill requires the Public Utilities Commission to clarify the rules applicable to the dig safe underground facility damage prevention system to include a clear enunciation of the standards applicable to excavations around state highways, including guidance on notice requirements and acceptable premarking procedures. The bill also requires the Public Utilities Commission to convene a working group to study issues relating to clarifying the rules applicable to the dig safe system and to develop guidance on notice requirements and acceptable premarking procedures.