LD 1647
PUBLIC Law, Chapter 557

on - Session - 126th Maine Legislature
Bill Tracking, Additional Documents Chamber Status

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-§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 within commences or continues 60 calendar days of after 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. 2. 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.

Sec. 3. So-called Dig Safe rule review. The Public Utilities Commission shall review Public Utilities Commission Rule Chapter 895: Underground Facility Damage Prevention Requirements to identify ways to decrease the number of notices that do not result in a marking that are issued by the damage prevention system under the Maine Revised Statutes, Title 23, section 3360-A, subsection 1-A. The commission may amend its rules in ways that will decrease the number of notices issued that do not result in a marking. The commission may submit a report with recommended changes to the law to the joint standing committee of the Legislature having jurisdiction over utility matters by January 10, 2015. The committee may report out a bill relating to the commission's report to the First Regular Session of the 127th Legislature.

Effective 90 days following adjournment of the 126th Legislature, Second Regular Session, unless otherwise indicated.

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