Sec. 1. 23 MRSA §3360-A, sub-§§5-G and 5-H are enacted to read:

5-G.__Alternative notice requirement procedures for excavations; rulemaking.__The Public Utilities Commission may by rule extend alternative notice requirements established for excavation associated with drinking water well construction pursuant to subsection 5-F to other types of excavation.__Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

5-H.__Newly installed underground facilities in active excavation areas; rulemaking.__The Public Utilities Commission shall by rule establish procedures to reduce the incidence of damage to newly installed underground facilities in active excavation areas as defined by the commission by rule.__In establishing the rule, the commission may consider adopting additional requirements for excavators or operators, including renotification and marking requirements and system notification procedures.__Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 2. 23 MRSA §3360-A, sub-§6-C, ¶D, as amended by PL 2001, c. 577, §9, is further amended to read:

D. Failure of an underground facility operator to mark the location of the operator's underground facilities within the time limits required by comply with the requirements of subsection 4;

Sec. 3. 23 MRSA §3360-A, sub-§13 is enacted to read:

13.__Rules.__The Public Utilities Commission may adopt rules necessary to implement this section.__Except as otherwise specified in this section, rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

SUMMARY

This bill revises the laws governing underground damage prevention procedures. The bill authorizes the Public Utilities Commission to extend, through rule, excavation notification requirements that apply to drinking water well construction to other types of excavation. It directs the commission to establish through rule procedures to reduce the incidence of damage to underground facilities in active excavation areas. It