An Act To Improve Maine's Underground Facility Damage Prevention Program
Maine Legislature, Session 126, LD 0965
Committee: Energy, Utilities and Technology
Sponsors: BEAULIEU, CLEVELAND, BOLDUC, HARVELL, HOBBINS, LAJOIE, WEAVER, WERTS
Amends: 5 MRSA §12004-I, 23 MRSA §3360-A, 23 MRSA §3361

Legislative Document 
No. 965 
H.P. 679 
House of Representatives, March 12, 2013 
An Act To Improve Maine's Underground Facility Damage 
Prevention Program 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BEAULIEU of Auburn. 
Cosponsored by Senator CLEVELAND of Androscoggin and 
Representatives: BOLDUC of Auburn, HARVELL of Farmington, HOBBINS of Saco, 
LAJOIE of Lewiston, WEAVER of York, WERTS of Auburn. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-I, sub-§73-C is enacted to read: 
73-C.   
Sec. 2.  23 MRSA §3360-A, sub-§10-B is enacted to read: 
10-B.  Database.  The Public Utilities Commission shall maintain a database and 
website of contact information pertaining to persons that own or operate underground 
facilities and are not underground facility operators pursuant to subsection 1, paragraph F 
and are not voluntary members of the system. Such an owner shall: 
A.  Register the owner's or operator's underground facility with the Public Utilities 
Commission for inclusion in the database under this subsection; 
B.  Provide the Public Utilities Commission with a list of all the municipalities in 
which the owner's or operator's underground facility is located; 
C.  Provide the Public Utilities Commission with current 24-hour contact information 
that enables anyone planning to excavate in a municipality in which that owner's or 
operator's underground facility is located to notify that owner or operator at any time 
of the need to mark the location of the underground facility; 
D.  In the event contact information is added to or changed, provide the Public 
Utilities Commission with updated contact information within 5 business days from 
the date that the contact information is added to or changed; and 
E.  Respond to any notices received pursuant to subsection 10-A regarding the 
owner's or operator's underground facility within the time frames set forth in 
subsection 4 for underground facility operators. As part of the owner's or operator's 
response, the owner or operator shall mark the location of the underground facility or 
notify the excavator that the owner or operator has no underground facility within the 
area of the planned excavation. 
The Public Utilities Commission shall adopt rules necessary to implement 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 §3361 is enacted to read: 
§3361.  Dig Safe Advisory Board 
The Dig Safe Advisory Board, established in Title 5, section 12004-I, subsection 
73-C and referred to in this section as "the board," shall provide advice to the Public 
Utilities Commission on matters pertaining to the protection of underground facilities, as 
defined in section 3360-A, subsection 1, paragraph E, and the implementation of best 
practices to provide that protection. 
Public Utilities 
Dig Safe Advisory 
Board 
Not Authorized 
MRSA §3361 
1.  Membership.  The board consists of 15 members as follows: 
A.  Thirteen persons appointed by the Governor: 
(1)  One person who is a municipal public works official. The Governor shall 
consider any recommendations for appointment under this subparagraph 
submitted by a statewide association that represents municipalities in the State; 
(2)  One person who is a builder or contractor. The Governor shall consider any 
recommendations for appointment under this subparagraph submitted by a 
statewide association that represents builders and contractors in the State; 
(3)  One person who is a general contractor. The Governor shall consider any 
recommendations for appointment under this subparagraph submitted by a 
statewide association that represents general contractors in the State; 
(4)  Two persons who represent quasi-municipal water or sewer utilities, one of 
whom represents a small utility and one of whom represents a large utility. The 
Governor shall consider any recommendations for a person representing a small 
utility submitted by a statewide organization that represents rural water or sewer 
utilities in the State. The Governor shall consider any recommendations for a 
person representing a large utility submitted by an association that represents 
larger water or sewer utilities in the State; 
(5)  Two persons who represent telephone utilities, one of whom represents a 
small rural telephone utility and one of whom represents a large telephone utility. 
The Governor shall consider any recommendations for appointments under this 
subparagraph submitted by an association in the State that represents telephone 
utilities; 
(6)  One person representing cable television service providers in the State; 
(7)  One person representing owners or operators of underground fuel storage 
facilities. The Governor shall consider any recommendations for appointment 
under this subparagraph submitted by a statewide association in the State that 
represents organizations that sell fuel that is stored underground; 
(8)  One person representing the owner or operator of a natural gas pipeline; 
(9)  One person representing investor-owned transmission and distribution 
utilities as defined in Title 35-A, section 3104, subsection 1, paragraph A; 
(10)  One person representing consumer-owned transmission and distribution 
utilities as defined in Title 35-A, section 3201, subsection 6; and 
(11)  One person who is a municipal official or who represents municipal 
officials. The Governor shall consider any recommendations for appointment 
under this subparagraph submitted by a statewide association that represents 
municipalities in the State; 
B.  An employee of the Department of Transportation, to be appointed by the 
Commissioner of Transportation; and 
C.  An employee of the Public Utilities Commission, to be appointed by the chair of 
the Public Utilities Commission. 
2.  Terms.  The term of a member of the board appointed by the Governor under 
subsection 1, paragraph A is 4 years, except that a vacancy occurring before the 
expiration of a member's term must be filled in the same manner as the original 
appointment for the unexpired portion of the member's term. 
3.  Chair.  The board shall elect by majority vote a chair from among its members 
annually.  
4.  Duties.  The board shall meet as often as determined necessary by the members of 
the board, but no less than once per quarter in each calendar year, for the purpose of 
addressing issues and developing recommendations pertaining to the underground facility 
damage prevention system under section 3360-A, subsection 1-A. 
5.  Report to the Legislature.  On or before January 15th of each calendar year, the 
board shall submit a report to the joint standing committee of the Legislature having 
jurisdiction over energy and utility matters describing the activities of the board during 
the previous calendar year. The report must include a description of the topics that were 
discussed by the board and any recommendations for legislation necessary to improve the 
underground facility damage prevention system under section 3360-A, subsection 1-A. 
The joint standing committee may report out legislation to implement those 
recommendations. 
6.  Compensation.  Compensation is not authorized for members of the board. 
Sec. 4.  Initial appointments to Dig Safe Advisory Board; staggered terms.  
Notwithstanding the Maine Revised Statutes, Title 23, section 3361, subsection 2, of the 
initial gubernatorial appointments to the Dig Safe Advisory Board, 4 members serve an 
initial term of 4 years, 3 members serve an initial term of 3 years, 3 members serve an 
initial term of 2 years and 3 members serve an initial term of one year. The initial terms 
must be assigned to the gubernatorial appointments by a process of random selection. 
SUMMARY 
This bill establishes the Dig Safe Advisory Board, which will collaborate with the 
Public Utilities Commission for the purpose of improving the protection of underground 
facilities. The bill also requires that persons who own underground facilities and who are 
not members of the underground facility damage prevention system register their 
facilities with the Public Utilities Commission and provide the commission with current 
24-hour contact information for purposes of notification regarding excavations.