An Act To Improve the Operation of Underground Damage Prevention Procedures
Maine Legislature, Session 122, LD 0331
Committee: Utilities and Energy
Sponsors: BLISS, BARTLETT
Amends: 23 MRSA §3360-A

Legislative Document 
~o. 331 
H.P.254 
House of Representatiyes. January 20. 2005 
An Act To Improve the Operation of Underground Damage 
Prevention Procedures 
Submitted by the Public Utilities Commission pursuant to Joint Rule 2m. 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative BLISS of South P0I1land. 
Cosponsored by Senator BARTLETT of Cumberland. 
'/1~Mi:.1n. 71}u;foJk,~ 
MILLICENT M. ~b:F.\RL\:\D 
Ckrk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 23 MRS A §3360-A. sub-§§5-G and 5-H are enacted to read: 
5-G. 
Alt~_J:'JlatiY~~_J),QJ:j,c~ __ ~r:eql1j.r~~~t--pr()~9J.!r~~()J;: 
ezcavations; rulemating. 
The Public Utilities Commission may by 
rule 
extend 
alternative 
notice 
reguirements 
established 
for 
excavation 
associated 
with 
drinking 
water 
well 
construction 
pursuant to subsection 5-F to other types of excavation. 
Rules 
~ted un~r this 
su.Q~~ctJon are routine technical rules 
as 
defined in Title 5, chapter 375, subchapter 2-A. 
5-H. 
Newly 
in.!i!;,~lled 
undeWJ:'Q]J,Ild 
facilities 
in 
active 
ezcavation 
areas~l~JII_aking. 
The Public Utilities Commission 
shall by rule establish procedures to reduce the incidence of 
damage 
to 
newly 
installed 
underground 
facilities 
in 
active 
excavation areas 
as 
defined by 
the 
commission 
by 
rule. 
In 
establishing 
the 
rule, 
the 
commission 
may 
consider 
adopting 
additional requirements 
fo_~xcavators or 
op~Lat9rs, inclu(jiJ1-9 
renotification and marking rewirements and system notification 
procedures. 
Rules 
ad~ted pursuant 
to 
this 
subsection 
are 
routine technical rules 
as defined in Title 5, 
chapter 
375, 
subchapter 2-A. 
Sec. 2. 23 MRSA §3360-A~ sub-§6-C. 1fD~ as amended by PL 200L 
c. 577, §9, is further amended to read: 
D. 
Failure of an underground facility operator to maFk-~Re 
:j"eea~~eQ-e.f--t.-he-~-a-t-&r-·-6--unde-r~-o-und--~ae-i-1-i-j;.*s--wi\;aia-\;Re 
\;~me--1-~i-~-~~~~~--by comply with the 
requirements of 
subsection 4; 
Sec.3. 23 MRSA §3360-A, sub-§13 is enacted to read: 
13. 
Rules. 
The Public Utilities Commission may adopt rules 
necessary 
to 
implement 
this 
section. 
Except 
as 
otherwise 
specified in this section, rules adopted under this section are 
routine technical rules 
as defined in Title 5, 
chapter 
375, 
subchapter 2-A. 
SUMMARY 
This bill revises 
the 
laws 
governing 
underground 
damage 
prevention procedures. 
The bill authorizes the Public Utili ties 
Commission 
to 
extend, 
through 
rule, 
excavation 
notification 
requirements that apply to drinking water well construction to 
other 
types 
of 
excavation. 
It 
directs 
the 
commission 
to 
establish through rule procedures to 
reduce the incidence of 
damage to underground facilities in active excavation areas. 
It 
Page l-LR0571(1) 
clarifies that the 
commission 
may 
fine operators 
who 
do 
not 
comply with both the timing and manner of marking required by 
law. 
Finally, it gives the commission authority to adopt rules 
to implement the damage prevention laws.