An Act To Improve the Operation of Underground Damage Prevention Procedures
Maine Legislature, Session 122, LD 0331
Committee Amendment CA_A_H558 (House)
Amends: 23 MRSA §3360-A

COMMITTEE AMENDMENT "A" 
Act To Improve the Operation 
Procedures" 
to H.P. 254, L.D. 331, Bill, "An 
of Underground Damage Prevention 
Amend the bill 
line (page 1, line 
"routine technical" 
'major substantive' 
in section 1 in subsection 5-G in the 6th 
in L.D.) by striking out the following: 
and inserting in its place the following: 
Further amend the bill in section 1 in subsection 5-H in the 
10th line 
(page 
1, 
line 
in L.D.) 
by striking out 
the 
following: 
"routine technical" and inserting in its place the 
following: 
'major substantive' 
Further amend the bill by striking out all of sections 2 and 
and inserting in their place the following: 
'Sec. 2. 23 MRSA §3360-A, sub-§6-C, as amended by PL 2003, c. 
505, §3, is further amended to read: 
6-C. 
Penalties. 
In an adjudicatory proceeding, the Public 
Utilities Commission may, 
in accordance with this subsection, 
impose 
an administrative penalty for 
any violation of this 
subsection. 
The administrative penalty may not exceed $500, 
except that, if the person has been found in violation of this 
subsection within the prior 12 months, the administrative penalty 
may not exceed $5,000. 
Administrative penalties imposed pursuant 
to this subsection are in addition to any other remedies or 
forfeitures provided by law and any liability that may result 
from the act or omission constituting the violation. 
Before 
Page l-LR0571(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A 
.. to H.P. 254, L.D. 331 
imposing any penalties under this subsection, 
the 
commission 
shall consider evidence of the record of the violator, including, 
to the extent applicable, the number of successful excavations 
undertaken 
by 
the 
violator 
or 
the 
number 
of 
locations 
successfully marked by the violator during the prior 12 months. 
The commission may require a person who violates any provision of 
this section to participate, at the expense of the violator, in 
an educational program developed and conducted by the system. 
The 
Public 
Utilities 
Commission 
may 
impose 
penalties for any of the following violations: 
administrative 
A. 
Failure of an excavator to give notice of an excavation 
as required under subsection 3, except to the extent the 
excavator is exempt from the provisions of subsection 3 
pursuant to other provisions of this section; 
B. Excavation by an excavator in a reckless or negligent 
manner that poses a threat to an underground facility; 
C. Excavation by an excavator that does not comply with the 
requirements of subsection 4-C, except to the extent the 
excavator is exempt from the provisions of subsection 4-C 
pursuant to subsection 5-C; 
D. 
Failure of an underground facility operator to mark the 
location of the operator's underground facilities within the 
time limits required by subsection 4; 
E. 
Marking by 
an underground facility 
location of 
an 
underground 
facility 
in 
negligent manner; or 
operator of 
a 
reckless 
the 
or 
F. 
Failure of an excavator to comply with the requirements 
of subsection 5-C, 5-D or 5-E. 
The commission shall establish by rule standards for when and at 
what level penalties must be assessed under this subsection. 
Rules adopted under this subsection are major substantive rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
Sec.3. 23 MRSA §3360-A, sub-§§13 and 14 are enacted to read: 
13. 
Ru1es. 
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 
major substantive rules as defined in Title 5, 
chapter 375. 
subchapter 2-A. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A 
.. to H.P. 254, L.n. 331 
14. Discovered facilities. 
When an underground facility is 
discovered during an excavation and the location of that facility 
was. 
prior 
to 
the 
discovery. 
unknown 
or 
unclear 
to 
the 
underground facility operator. the Public Utilities Commission 
may direct that operator to determine and map the location of the 
facility 
for 
a 
reasonable 
distance. 
as 
determined 
by 
the 
commission. from the point of discovery. 
Sec. 4. Existing rules. 
Rules adopted by the Public Utilities 
Commission relating to the subject matter of the Maine Revised 
Statutes, Title 23, section 3360-A prior to the effective date of 
this 
Act 
remain 
in 
effect 
and 
do 
not 
require 
further 
authorization by the Legislature. 
Any changes to such existing 
rules are subject to the major substantive rule requirements of 
Title 5, chapter 375, subchapter 2-A. 
Sec. 5. Rules concerning penalty standards. 
In adopting rules to 
establish standards for when and at what level penalties must be 
assessed pursuant 
to 
the 
Maine 
Revised Statutes, 
Title 
23, 
section 3360-A, subsection 6-C, the Public Utilities Commission 
shall consider the requirement of that subsection that before 
imposing any penalties under that subsection, 
the commission 
shall consider evidence of the record of the violator, including, 
to the extent applicable, the number of successful excavations 
undertaken 
by 
the 
violator 
or 
the 
number 
of 
locations 
successfully marked by the violator during the prior 12 months. 
The 
commission 
shall 
also 
consider 
the 
seriousness 
of 
the 
violation and its impact on those served by the underground 
facility. ' 
SUMMARY 
This amendment, which is the unanimous report of the Joint 
Standing Committee on Utili ties and Energy, makes the following 
changes to the bill. 
1. 
It 
makes 
all 
Public 
Utilities 
Commission 
rules 
implementing the so-called dig safe law, including the new rules 
authorized by the bill, major substantive rules. 
It provides 
that existing rules of the commission remain in effect but that 
any amendments to those rules are subject to legislative review 
as major substantive rules. 
2. 
It provides 
that 
when 
an 
underground 
facility is 
discovered during an excavation and the location of that facility 
was, 
prior 
to 
the 
discovery, 
unknown 
or 
unclear 
to 
the 
underground facility operator, the commission may direct that 
operator to determine and map the location of the facility for a 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. It. .. to H.P. 254, L.D. 331 
reasonable distance, as determined by the commission, from the 
point of discovery. 
3. 
It removes 
the section of 
the bill that 
amends 
a 
provision of current law relating to violations by an underground 
facility operator. 
4. 
It requires the commission to adopt rules establishing 
standards for when and at what level penalties must be assessed 
for violations of the so-called dig safe law. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/1 0/05 frac. 
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LD331 
LR0571(02) 
An Act To Improve the Operation of Underground Damage Prevention Procedures 
Fiscal Note for Bill as Amended by Committee Amendment 'A " 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Minor cost increase - Other Special Revenue Ftmds 
LR0571(2) - Fiscal Note - Page 1 of 1