Resolve, Regarding Legislative Review of Portions of Chapter 895: Underground Facility Damage Prevention Requirements, a Major Substantive Rule of the Public Utilities Commission
Maine Legislature, Session 121, LD 1846
Committee Amendment CA_A_H776 (House)

COMMITTEE AMENDMENT ";t,, to 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" 
Amend the resolve by striking out all of section 1 
and 
inserting in its place the following: 
'Sec. I. 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 
6(A) (1) (d) 
the 
follows: 
provision 
language is 
identified 
modified 
in 
to 
the 
read 
rule as Section 
substantially as 
d. 
Except as otherwise provided in this 
prov~s~on 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 
Page l-LR2746(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 1372, L.D. 1846 
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)(I)(d) 
and 
Section 7(A-I) 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 
digi tal 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. I 
SUMMARY 
This 
amendment authorizes final adoption of portions of 
Chapter 895: Underground Facility Damage Prevention Requirements, 
a 
provisionally adopted major substantive rule of the Public 
Utilities Commission, 
provided certain changes are made. 
The 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "w. to H.P. 1372, L.D. 1846 
required changes will: 
1. 
Clarify language regarding the facilities about which 
members of the Dig Safe System are required to provide location 
information to the Dig Safe System for mapping purposes, remove a 
requirement that members of the Dig Safe System provide such 
information in a particular format and add a requirement that the 
information locate facilities with a certain degree of accuracy; 
2. 
Add 
not required 
purposes the 
a provision specifying that telephone utilities are 
to provide to the Dig Safe System for mapping 
location of service drops 
from 
a 
main line to 
customer premises; 
3. 
Add 
a 
provision 
requiring 
the 
Public 
Utilities 
Commission to grant a waiver from the mapping requirements for 
any water utility transmission mains that are downstream of a 
treatment plant or underground water source and permitting the 
Public Utilities Commission to require the utility to provide an 
alternative method of facility location specification: 
4. 
Add a provision specifying that the mapping requirements 
do not take effect until May 1, 2005; and 
5. 
Modify 
language 
governing 
the 
handling of 
facility 
information in the possession of the Dig Safe System to ensure 
the security of that information. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 0311 0/04 frac;. 
Office of Fiscal and Program Review 
LD 1846 
Resolve, Regarding Legislative Review of Portions of Chapter 895: 
Underground Facility Damage Prevention Requirements, a Major 
Substantive Rule of the Public Utilities Commission 
LR 2746(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
LR2746(2) - Fiscal Note - Page 1 of 1