196 [83 Op. Att’y

PUBLIC UTILITIES

MUNICIPALITIES ) COUNTIES - POLITICAL SUBDIVISIONS AND

STATE AGENCIES REQUIRED TO BE MEMBER OF ONE-CALL

SYSTEM UNDER “MISS UTILITY LAW”

November 19, 1998

The Honorable Thomas L. Bromwell

Maryland Senate 

You have requested our opinion about the entities that are

required to be members of the “one-call” system under Maryland’s

“Miss Utility Law.” The Miss Utility Law requires the owners of

certain underground facilities to be members of a one-call system.

You have asked whether the term “owner” includes political

subdivisions, municipalities and State agencies that own

underground facilities. 

For the reasons which follow, it is our opinion that an owner

includes political subdivisions, municipal corporations, and State

agencies.

I

The Miss Utility Law

To protect certain underground facilities from damage caused

by excavation, the Miss Utility law requires that the owners of such

facilities be members of a one-call system. Maryland Code, Public

Utilities Companies Article (“PUC”), §§12-102 and 12-109(b).

Such underground facilities include pipes, sewers, conduits, wires,

and other facilities for the storage or conveyance of water, sewage,

oil, gas, electricity, or electronic communications PUC §12-101(h).

Persons who intend to undertake an excavation must notify the

owners of such facilities either directly or through a one-call system

of their intentions. PUC §12-108(a). Owners are then required to

mark the surface of the location of underground facilities near a

proposed excavation. PUC §12-110(a). 
Gen. 196] 197

1

 Article 78, §28A as subsequently amended, was repealed along

with the rest of Article 78 when the Public Utility Companies Article was

created. Chapter 8, §1, Laws of Maryland, 1998. The repeal of Article 78

and the enactment of the new Article took effect on October 1, 1998.

Chapter 8, §13, Laws of Maryland, 1998. See also Chapter 653, Laws of

Maryland 1998.

For purposes of this law, “owner” means a “person” that owns

and operates an underground facility and has the right to bury an

underground facility. PUC §12-101(f)(1). The general rule is that

the word “person” in a statute does not include the State, its agencies

or subdivisions unless an intention to include these entities is

manifested by the Legislature. Unnamed Physician v. Commission

on Medical Discipline, 285 Md. 1, 12, 400 A.2d 396 (1979).

However, under this statute, a “person” includes a “municipal

corporation” and “a governmental unit, department or agency”. PUC

§12-101(g). Moreover, the statute also specifies that an “owner”

includes a “political subdivision” and “municipal corporation”. PUC

§12-101(f)(2). See also PUC §12-111 (“political subdivision or

municipal corporation authorized to charge marking or re-marking

fee).

The Miss Utility Law manifests an intent to encompass

governmental units within the definition of owner and to obligate

them to be members of a one-call system. This intention is also

reflected in the law’s legislative history.

The essential provisions of the present Miss Utility Law were

enacted in 1990 amendment of Article 78, §28A.1

 The then existing

law applied only to the underground facilities of public service

companies. However, as pointed out in a statement of the Public

Service Commission, this amendment expanded the application of

the law from public service companies to virtually all owners of

underground facilities. See Statement from Public Service

Commission to Senate Finance Committee (January 25, 1990). 

The broad application of the Miss Utility Law was clearly

understood by affected public authorities. In a statement to the

Senate Finance Committee dated January 25, 1990, the Maryland

Municipal League declared “The Maryland Municipal League

opposes S.B. 224 which would require municipalities and other
198 [83 Op. Att’y

underground facility owners to participate in a one-call system for

facilities marking and notification.” 

II

Conclusion

In conclusion, it is our opinion that the Miss Utility Law

requires all owners of certain underground facilities to be members

of a one-call system. For purposes of this requirement, owner

includes political subdivisions, municipalities and State agencies.

J. Joseph Curran, Jr.

Attorney General

Richard E. Israel

Assistant Attorney General

Robert N. McDonald

Chief Counsel

 Opinions and Advice