CHAPTER 127
H.P. 1372 - L.D. 1846
Resolve, Regarding Legislative Review of Portions of Chapter 895: Underground Facility Damage Prevention Requirements, a Major Substantive Rule of the Public Utilities Commission
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above-named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 895: Underground Facility Damage Prevention Requirements, a provisionally adopted major substantive rule of the Public Utilities Commission that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if the following changes are made.
1. In the provision identified in the rule as Section 6(A)(1)(d) the language is modified to read substantially as follows:
d. Except as otherwise provided in this provision of the rule, each Dig Safe System member shall provide to the Dig Safe System the location of all underground facilities that the member would be obligated to mark upon receipt of notice pursuant to Section 6(B). The location must be identified either by association with a street or road, if the facility is within 100 feet of a street or road, or, if the facility is not within 100 feet of a street or road, with sufficient specificity to allow the Dig Safe System to determine the actual location of the facility within a tolerance of 133 feet and in a manner consistent with Dig Safe System methodology. The member shall provide the information to the Dig Safe System to rely on for notification purposes and, unless otherwise specified in this rule, the member shall provide the information in a format that the Dig Safe System is capable of using, such as electronic or digital format, or by drawing the specific location of any underground facilities on maps provided by the Dig Safe System. Telephone utilities are not required under this provision to provide to the Dig Safe System the location of service drops from a main line to customer premises. The commission shall grant a waiver from this provision for any water utility transmission mains that are downstream of a treatment plant or underground water source and may require the water utility to provide the Dig Safe System with an alternative method of facility location specification, such as a corridor, for notification purposes.
2. A provision is added specifying that the provisions identified as Section 4(B)(1)(a)(ii), Section 6(A)(1)(d) and Section 7(A-1) do not take effect until May 1, 2005.
3. The provision identified in the rule as Section 5(B)(9) is amended to read substantially as follows:
9. The Dig Safe System shall restrict the use of facility location information provided by Maine operators to those uses required to perform its duties under this rule and will restrict access to the facility location information to those employees of the Dig Safe System performing such duties. Access to Maine facility location information shall not be available to the general public by electronic or digital technology or by copies of maps or plans. The Dig Safe System shall use reasonable care to maintain all facility location information provided by Maine operators in a secure manner and the commission may initiate an appropriate investigation to review security protocols.
The commission is not required to hold hearings or conduct other formal proceedings prior to finally adopting the rule in accordance with this resolve.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective April 9, 2004.
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