An Act To Manage Risks Associated with the Installation of Natural Gas Pipelines
Maine Legislature, Session 127, LD 1124
Committee: Energy, Utilities and Technology
Sponsors: DUNPHY, WOODSOME, BABBIDGE, BEAVERS, HIGGINS, O'CONNOR, RYKERSON, BREEN
Amends: 35-A MRSA §2503, 35-A MRSA §4506, 35-A MRSA §4713

Legislative Document 
No. 1124 
H.P. 775 
House of Representatives, March 26, 2015 
An Act To Manage Risks Associated with the Installation of Natural 
Gas Pipelines 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative DUNPHY of Embden. 
Cosponsored by Senator WOODSOME of York and 
Representatives: BABBIDGE of Kennebunk, BEAVERS of South Berwick, DeCHANT of 
Bath, HIGGINS of Dover-Foxcroft, O'CONNOR of Berwick, RYKERSON of Kittery, 
Senator: BREEN of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §2503, sub-§1, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read: 
1.  Application.  The application must be in writing and describe the facilities, the 
requested location, evidence of notice provided to owners of facilities in the applicable 
public way, the minimum depth if an underground facility, the minimum height of any 
attached wires or cables, if above-ground aboveground facilities, all in the manner and 
form which that the licensing authority requires. 
Sec. 2.  35-A MRSA §2503, sub-§3, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read: 
3.  Objection.  Objection to the application may be filed according to this subsection.  
A.  Any person owning property which that abuts the applicable public way or any 
owner of facilities in the applicable public way may file a written objection with the 
appropriate licensing authority within 14 days after publication by the applicant.  The 
written objection shall must state the reason for the objection.  The written objection 
must be served by delivery in hand or by registered or certified mail. 
B.    If the applicant proceeds without publication of the application, any person 
owning property which that abuts the applicable public way or any owner of facilities 
in the applicable public way may file a written objection with the appropriate 
licensing authority within 90 days after installation of the facility described in the 
application.  The written objection shall must state the cause for the objection.  The 
written objection must be served by delivery in hand or by registered or certified 
mail. 
Sec. 3.  35-A MRSA §2503, sub-§§5 to 7, as enacted by PL 1987, c. 141, Pt. A, 
§6, are amended to read: 
5.  Permits.  The location permit shall must specify the approximate location of the 
facility, the minimum separation distances from other facilities and the minimum depth of 
any pipes or conduits below, or the minimum height of any wires or cables above, the 
earth's surface.  The licensing authority must specify location requirements in accordance 
with applicable laws, rules or policies adopted by the Public Utilities Commission and the 
Department of Transportation.  The licensing authority may specify in the permit other 
more stringent requirements determined necessary in the best interests of the public safety 
and use of the right-of-way so as not to obstruct use for public travel. 
6.  Liability.  Installation and maintenance of the facility and its appurtenances in 
accordance with the terms of the permit and the provisions of chapter 23 and this chapter 
relieve the applicant of liability to others by reason of location of its facility and 
appurtenances and no person has any right of recovery under Title 23, section 3655, 
because of the location, installation and maintenance and the applicant will be is liable 
only for acts of negligence in the installation or maintenance of the facility and its 
appurtenances. 
7.  Alteration.  After the facility is installed, the licensing authority may alter or 
amend the permit if the installation is determined to impair the highway improvement or, 
interfere with the free and safe flow of traffic or interfere with another facility.  The 
procedure for an applicant, or for the licensing authority under this subsection, to alter or 
amend the terms of a location permit after construction or installation of the facility is the 
same as for any original application for a permit. 
Sec. 4.  35-A MRSA §4506, sub-§§6 to 11 are enacted to read: 
6.  Clearance between underground facilities.  A natural gas pipeline must be 
installed with at least 6 feet of horizontal clearance and 2 feet of vertical clearance from 
any underground facilities. 
7.  Crossings of other underground facilities.  A natural gas pipeline must cross 
other underground facilities as close to 90 degrees as practicable and may not be installed 
longitudinally over or under another underground facility. 
8.  Installation of nonconductive pipe, marking tape and tracer wire.   Marking 
tape and tracer wire or other means of locating gas facilities must be installed with 
nonconductive natural gas pipelines.  Upon installation, tracer wire must be tested for 
continuity. 
9.  Notification of other utilities when electric current is applied to gas pipeline.  
When electric current is applied to natural gas pipelines for corrosion control or other 
purposes, the owner of the natural gas pipeline must notify the owners of other proximate 
underground facilities and provide them with information on the location, nature and 
extent of those practices. 
10.  Consult with owners.  The owner of the natural gas pipeline shall consult with 
the owners of proximate underground facilities in order to provide measures for proper 
maintenance and to protect against damage that might result from proximity to these 
facilities. 
11.  Rules.  The commission may adopt rules that allow appropriate deviations from 
the requirements set out in this section and grant waivers from these requirements for 
good cause shown, while still protecting public safety.  Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 5.  35-A MRSA §4713 is enacted to read: 
§4713.  Construction requirements 
1.  Clearance between underground facilities.  A natural gas pipeline must be 
installed with at least 6 feet of horizontal clearance and 2 feet of vertical clearance from 
any underground facilities. 
2.  Crossings of other underground facilities.  A natural gas pipeline must cross 
other underground facilities as close to 90 degrees as practicable and may not be installed 
longitudinally over or under another underground facility. 
3.  Installation of nonconductive pipe, marking tape and tracer wire.  Marking 
tape and tracer wire or other means of locating gas facilities must be installed with 
nonconductive natural gas pipelines.  Upon installation, tracer wire must be tested for 
continuity. 
4.  Notification of other utilities when electric current is applied to gas pipelines.  
When electric current is applied to natural gas pipelines for corrosion control or other 
purposes, the owner of the natural gas pipeline must notify the owners of other proximate 
underground facilities and provide them with information on the location, nature and 
extent of those practices. 
5.  Consult with owners.  The owner of the natural gas pipeline shall consult with 
the owners of proximate underground facilities in order to provide measures for proper 
maintenance and to protect against damage that might result from proximity to these 
facilities. 
6.  Rules.  The commission may adopt rules that allow appropriate deviations from 
the requirements set out in this section and grant waivers from these requirements for 
good cause shown, while still protecting public safety.  Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill enacts construction requirements in statute for the construction of natural 
gas pipelines and establishes these requirements for gas utilities.  The requirements 
govern clearance between underground facilities, crossings of other facilities and 
consultation with owners of proximate underground facilities.  The bill also requires that 
the application process include providing evidence of notice to owners of facilities in the 
applicable public way.