An Act To Make Changes to the So-called Dig Safe Law
Maine Legislature, Session 126, LD 1647
Committee: Energy, Utilities and Technology
Sponsors: CLEVELAND, HOBBINS
Amends: 23 MRSA §3360-A

Legislative Document 
No. 1647 
S.P. 638 
In Senate, December 23, 2013 
An Act To Make Changes to the So-called Dig Safe Law 
Submitted by the Public Utilities Commission pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 23, 2013.  Referred to the Committee 
on Energy, Utilities and Technology pursuant to Joint Rule 308.2 and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator CLEVELAND of Androscoggin. 
Cosponsored by Representative HOBBINS of Saco. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  23 MRSA §3360-A, sub-§1, ¶E, as amended by PL 2011, c. 588, §2, is 
further amended to read: 
E.  "Underground facility" means any item of personal property buried or placed 
below ground for use in connection with the storage or conveyance of water, sewage, 
electronic, telephonic or telegraphic communications, electric energy, oil, gas or 
other substances and including, but not limited to, pipes, sewers, conduits, cables, 
valves, lines, wires, manholes, attachments, appurtenances and those parts of poles 
below ground.  This definition does not include liquefied propane gas distribution 
systems that provide service to single-family residences or to businesses with fewer 
than 5 employees or are not included within the scope of 49 Code of Federal 
Regulations, Part 192 and also does not include highway drainage culverts or under 
drains. 
Sec. 2.  23 MRSA §3360-A, sub-§3, ¶A, as amended by PL 2003, c. 373, §1, is 
further 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 60 calendar days prior to the commencement of excavation, 
except as provided in paragraph G. 
Sec. 3.  23 MRSA §3360-A, sub-§3, ¶E, as amended by PL 2011, c. 72, §1, is 
further amended to read: 
E.  If the proposed excavation or blasting does not commence within commences or 
continues 60 calendar days of after notification under this subsection or the 
excavation or blasting will be expanded outside of the location originally specified in 
the notification, the excavator responsible for that excavation shall again notify the 
system as specified in paragraph A.  The excavator shall notify the system once for 
each successive 60-day period. 
Sec. 4.  23 MRSA §3360-A, sub-§10-A, ¶B, as enacted by PL 2011, c. 588, §11, 
is amended to read: 
B.  If the underground facilities are located on private property, provide service to a 
single-family residence and are owned and operated by the owner of that property: 
(1)  That landowner may mark the underground facilities in accordance with 
paragraph D; 
(2)  The excavator may wait 3 business days from the date of notification to 
commence the excavation or may commence the excavation upon notification; 
(3)  If the excavator waits 3 business days from the date of notification or until 
after the underground facilities are marked, if sooner, to commence excavation or 
if the markings made by the landowner pursuant to subparagraph (1) fail to 
identify the location of the underground facilities in accordance with paragraph 
D, an excavator damaging or injuring underground facilities is not liable for any 
damage or injury caused by the excavation, except on proof of negligence; and 
(4)  If the excavator does not wait until the underground facilities are marked or 3 
business days from the date of notification to commence excavation, whichever 
occurs earlier, the excavator is liable for all damages to the underground facilities 
as a result of the excavation. 
SUMMARY 
This bill makes liquefied propane gas distribution systems that are not included 
within the scope of 49 Code of Federal Regulations, Part 192 subject to the so-called Dig 
Safe Law, with the exception of distribution systems that provide service to single-family 
residences or businesses with fewer than 5 employees.  The bill also changes the 
requirement that an excavator notify the Dig Safe system of the location of the intended 
excavation from not more than 30 calendar days prior to commencement of the 
excavation to not more than 60 days, in order to make the requirement consistent with 
other sections of the statute, and clarifies that excavators must renew notification to the 
owners or operators of underground facilities for each successive 60-day period during 
which they will be excavating. 
Finally, the bill clarifies that the provision that allows excavators to commence 
excavation on underground facilities located on private property that are owned and 
operated by the owner of that property before those facilities are marked or the passing of 
business days from the date of notification, whichever occurs earlier, only applies when 
the underground facilities provide service to a single-family residence.