An Act to Clarify the Definition of "Underground Facility" and Reduce Administrative Burdens Under the So-called Dig Safe Law
Maine Legislature, Session 131, LD 2245
Committee: Energy, Utilities and Technology
Amends: 23 MRSA §3360-A

Legislative Document
No. 2245
S.P. 967
In Senate, March 5, 2024
An Act to Clarify the Definition of "Underground Facility" and 
Reduce Administrative Burdens Under the So-called Dig Safe Law
Reported by Senator LAWRENCE of York for the Joint Standing Committee on Energy, 
Utilitites and Technology  pursuant to Resolve 2023, chapter 47, section 3.
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed pursuant to Joint Rule 218.
DAREK M. GRANT
Secretary of the Senate
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 2019, c. 592, §1, 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, 
liquefied propane 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.  Except for liquefied propane gas distribution 
systems that have underground pipes, "underground facility" does not include liquefied 
propane gas distribution systems that are not included within the scope of 49 Code of 
Federal Regulations, Part 192.  "Underground facility" does not include highway 
drainage culverts or under drains.:
(1)  Highway drainage culverts or under drains; or
(2)  Liquefied propane gas distribution systems that have underground pipes 
located on a residential lot if:
(a)  The residential lot has no more than one structure connected by 
underground pipes to a liquefied propane gas distribution system;
(b)  The structure that is connected by underground pipes to a liquefied propane 
gas distribution system contains no more than 2 dwelling units; and
(c)  The liquefied propane gas tank is located 25 feet or less from that structure.
Sec. 2.  23 MRSA §3360-A, sub-§1, ¶F, as amended by PL 2001, c. 577, §3, is 
further amended to read:
F.  "Underground facility operator" means the owner or operator of any underground 
facility, other than an underground oil storage facility as defined in Title 38, section 
562‑A, subsection 21 or an airport aviation fuel hydrant piping system, used in 
furnishing electric, telephone, telegraph, gas, petroleum transportation, liquefied 
propane gas or cable television service.  "Underground facility operator" does not 
include a municipality or a public utility with fewer than 5 full-time employees or fewer 
than 300 customers or a person that owns underground facilities on its own property 
for commercial or residential purposes.
Sec. 3.  Public Utilities Commission; rules.  The Public Utilities Commission 
shall initiate rulemaking to amend its rule Chapter 895: Underground Facility Damage 
Prevention Requirements to reduce the administrative burdens for underground facility 
operators as defined in the Maine Revised Statutes, Title 23, section 3360-A, subsection 1, 
paragraph F.  Notwithstanding Title 23, section 3360-A, subsection 13, rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2‑A.
SUMMARY
This bill is reported out by the Joint Standing Committee on Energy, Utilities and 
Technology pursuant to Resolve 2023, chapter 47, section 3. The bill does the following.
1. It provides that an underground facility includes any item of personal property buried 
or placed below ground for use in connection with the storage or conveyance of liquefied 
propane gas.
2. It exempts from the definition of "underground facility" liquefied propane gas 
distribution systems that have underground pipes when that system is located on a 
residential lot that has no more than one structure connected by underground pipes to the 
liquefied propane gas distribution system, the structure has no more than 2 dwelling units 
and the liquefied propane gas tank is located 25 feet or less from the structure.
3. It provides that the owner or operator of any underground facility furnishing 
liquefied propane gas is considered an underground facility operator. 
4. It directs the Public Utilities Commission to amend its rule Chapter 895: 
Underground Facility Damage Prevention Requirements to reduce the administrative 
burdens for underground facility operators under the so-called Dig Safe law and specifies 
that rules adopted for these purposes are routine technical rules.
The committee has not taken a position on the substance of the bill.  By reporting the 
bill out the committee is not suggesting and does not intend to suggest that it agrees or 
disagrees with any aspect of the bill. The committee is reporting the bill out for the sole 
purpose of having a bill printed that can be referred to the committee for an appropriate 
public hearing and subsequent processing in the normal course. The committee is taking 
this action to ensure clarity and transparency in the legislative review of the proposals 
contained in the bill.