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 125, LD 0331
Committee Amendment CA_A_H85 (House)

COMMITTEE AMENDMENT "11,, to H.P. 264, L.D. 331, "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 (page 1, lines 14 to 18 in L.D.) and 
inserting the following: 
'Sec. 1. 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 commission: 
1. 
Removes all the commission's provisionalIy adopted changes to Chapter 895: 
Underground Facility Damage Prevention Requirements; 
2. Replaces the definitions of "emergency" and i'emergency excavation" in the rule 
with a definition of "emergency excavation" that is the same as the definition that appears 
in the Maine Revised Statutes, Title 23, section 3360-A, subsection 1, paragraph B; 
3. Modifies the rule to provide that the period after which a Dig Safe System ticket 
must be renewed is 60 days and that the ticket may be renewed twice; 
4. Modifies that part of the rule that governs the enforcement action procedure to 
change references to "notice of probable violation" to a more neutral tenninology, such as 
"notice of investigation," and references to "probable violation" to a more neutral 
terminology, such as "possible violation"; and 
5. Removes the part of the current rule designated as Section 4(B)(1)(a) that requires 
each excavator performing work in an excavation area to notify the Dig Safe System so 
that the rule is consistent with the Maine Revised Statutes, Title 23, section 3360-A, 
subsection 3, paragraph F. 
The commission is not required to hold hearings or undertake further proceedings 
prior to final adoption of the rule in accordance with this section.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 264, L.D. 331 
SUMMARY 
This amendment authorizes final adoption of changes to Chapter 895: Underground 
Facility Damage Prevention Requirements, a major substantive rule ofthe Public Utilities 
Commission only if the commission: 
1. Removes all the commission's provisionally adopted changes to the rule; 
2. Replaces the definitions of "emergency" and "emergency excavation" in the rule 
with a definition of "emergency excavation" that is the same as the definition in the 
Maine Revised Statutes, Title 23, section 3360-A, subsection 1, paragraph B; 
3. Modifies the rule to provide that the period after which a Dig Safe System ticket 
must be renewed is 60 days and that the ticket may be renewed twice; 
4. Modifies that part of the rule governing enforcement action procedure to change 
references to "notice of probable violation" to a more neutral terminology, such as "notice 
of investigation," and references to "probable violation" to a more neutral terminology, 
such as "possible violation"; and 
5. Removes a provision from the commission's rule that creates confusion as to the 
responsibilities of contractors and subcontractors. CUlTent law provides that in the case 
of an excavation involving subcontractors, the excavator that is directly responsible for 
performing the excavation shall ascertain that all notifications are perfonned. 
The 
commission's rule includes a conflicting provision that requires each excavator 
performing work in an excavation area to notify the Dig Safe System. The amendment 
directs that this conflicting provision b~ removed. 
COMMITTEE AMENDMENT