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An Act To Make Changes to the So-called Dig Safe Law
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §3360-A, sub-§1, ¶E, as amended by PL 2011, c. 588, §2, is further amended to read:
 
E. "Underground facility" means any item of personal property buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, electric energy, oil, gas or other substances and including, but not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, appurtenances and those parts of poles below ground. This definition does not include liquefied propane gas distribution systems that provide service to single-family residences or to businesses with fewer than 5 employees or are not included within the scope of 49 Code of Federal Regulations, Part 192 and also does not include highway drainage culverts or under drains.
Sec. 2. 23 MRSA §3360-A, sub-§3, ¶A, as amended by PL 2003, c. 373, §1, is further amended to read:
 
A. In addition to any other notices required under this section, each excavator shall notify the system of the location of the intended excavation at least 3 business days but not more than 3060 calendar days prior to the commencement of excavation, except as provided in paragraph G.
Sec. 3. 23 MRSA §3360-A, sub-§3, ¶E, as amended by PL 2011, c. 72, §1, is further amended to read:
 
E. If the proposed excavation or blasting does not commence withincommences or continues 60 calendar days ofafter notification under this subsection or the excavation or blasting will be expanded outside of the location originally specified in the notification, the excavator responsible for that excavation shall again notify the system as specified in paragraph A. The excavator shall notify the system once for each successive 60-day period.
Sec. 4. 23 MRSA §3360-A, sub-§10-A, ¶B, as enacted by PL 2011, c. 588, §11, is amended to read:
 
B. If the underground facilities are located on private property, provide service to a single-family residence and are owned and operated by the owner of that property:
 
(1) That landowner may mark the underground facilities in accordance with paragraph D;
 
(2) The excavator may wait 3 business days from the date of notification to commence the excavation or may commence the excavation upon notification;
 
(3) If the excavator waits 3 business days from the date of notification or until after the underground facilities are marked, if sooner, to commence excavation or if the markings made by the landowner pursuant to subparagraph (1) fail to identify the location of the underground facilities in accordance with paragraph D, an excavator damaging or injuring underground facilities is not liable for any damage or injury caused by the excavation, except on proof of negligence; and
 
(4) If the excavator does not wait until the underground facilities are marked or 3 business days from the date of notification to commence excavation, whichever occurs earlier, the excavator is liable for all damages to the underground facilities as a result of the excavation.
 
SUMMARY
This bill makes liquefied propane gas distribution systems that are not included within the scope of 49 Code of Federal Regulations, Part 192 subject to the so-called Dig Safe Law, with the exception of distribution systems that provide service to single-family residences or businesses with fewer than 5 employees. The bill also changes the requirement that an excavator notify the Dig Safe system of the location of the intended excavation from not more than 30 calendar days prior to commencement of the excavation to not more than 60 days, in order to make the requirement consistent with other sections of the statute, and clarifies that excavators must renew notification to the owners or operators of underground facilities for each successive 60-day period during which they will be excavating.
Finally, the bill clarifies that the provision that allows excavators to commence excavation on underground facilities located on private property that are owned and operated by the owner of that property before those facilities are marked or the passing of 3 business days from the date of notification, whichever occurs earlier, only applies when the underground facilities provide service to a single-family residence.