CHAPTER 334

H.P. 254 - L.D. 331

An Act To Improve the Operation of Underground Damage

Prevention Procedures

Be it enacted by the People of the State of Maine as follows:

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 major substantive 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 major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.