An Act To Expedite the Drilling of Private Drinking Water Wells LR2034(02)
Maine Legislature, Session 121, LD 1604
Committee Amendment CA_A_S224 (Senate)
Amends: 23 MRSA §3360-A

COMMITTEE AMENDMENT .. A .. to S.P. 558, L.D. 1604, Bill, 
Act To Expedite the Drilling of Private Drinking Water WellS" 
"An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
2"6 
'Sec. 1. 23 MRSA §3360-A, sub-§3, 1fA, as enacted by PL 1991, 
c. 437, §3 and affected by §12, is 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 30 calendar days prior to the commencement 
of excavation. except as provided in paragraph G. 
Sec. 2. 23 MRSA §3360-A, sub-§3, 1fG is enacted to read: 
G. 
If 
an excavator notifies 
the 
system 
and 
nonmember 
operators as required by this section and is informed by the 
system 
and 
each 
nonmember 
operator. 
including 
private 
landowners. 
that no 
underground facilities exist in the 
proposed excavation area. then the excavator is not required 
to wait the 
days 
as required by this subsection and 
subsection 10 and may begin excavation immediately. 
Sec.3. 23 MRSA §3360-A, sub-§5-F is enacted to read: 
Page l-LR2034(2) 
COMMITTEE AMENDMENT 
.. -'< 
"...;" 
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COMMITTEE AMENDMENT .. A .. to S.P. 558, L.D. 1604 
F. 
Water well 
construction: 
rulemaking. 
The 
Public 
Utilities Commission shall by rule establish notice requirements 
for excavation associated with drinking water well construction. 
In establishing the rule. the commission shall consider: 
A. 
Whether notice requirements established in the rule 
should be limited to the drilling of a well or should also 
apply to other excavation associated with well construction 
activities, such as trenching for installation of pipes and 
equipment: 
B. 
Whether notice requirements established in the rule 
should be based on factors such as geographic location. 
population 
density 
or 
other 
criteria 
bearing 
on 
the 
efficiency and effectiveness of the notification process and 
any offsetting public safety risks: 
C. 
Whether the amount of time required for notice prior to 
excavation should be reduced: and 
D. 
Any notice requirements associated with drinking water 
well construction that the commission determines appropriate. 
Rules adopted pursuant to this subsection are major substantive 
rules as defined in Title 5. chapter 375, subchapter 2-A. 
Sec. 4. Rulemaking. 
The Public Utilities Commission shall 
submit rules made pursuant to the Maine Revised Statutes, Title 
23, 
section 
3360-A, 
subsection 
5-F 
to 
the 
Joint 
Standing 
Committee 
on Utilities and 
Energy for 
review no later than 
February 1, 2004.' 
SUMMARY 
The 
amendment 
allows all excavators to begin excavation 
immediately in locations in which all facility owners 
have 
indicated to the excavator or to the system that no underground 
facilities 
exist. 
The 
amendment 
also 
directs 
the 
Public 
Utilities Commission to establish by rule notice requirements for 
excavation associated with drinking water well construction. 
The 
rules are major substantive rules and must be submitted to the 
Joint Standing Committee on Utilities and Energy by February 1, 
2004. 
FISCAL :\OTE REQLlRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05116/03 :t:?ac:.. 
Office of Fiscal and Program Review 
LD 1604 
An Act To Expedite the Drilling of Private Drinking Water Wells 
LR2034(02) 
Fiscal Note for Bill as Amended by Committee Amendment ,4" /2..21-
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
LR2034(2) - Fiscal Note - Page 1 of 1