Sec. 3. 23 MRSA §3360-A, sub-§§13 and 14 are 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 major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

14. Discovered facilities.__When an underground facility is discovered during an excavation and the location of that facility was, prior to the discovery, unknown or unclear to the underground facility operator, the Public Utilities Commission may direct that operator to determine and map the location of the facility for a reasonable distance, as determined by the commission, from the point of discovery.

Sec. 4. Existing rules. Rules adopted by the Public Utilities Commission relating to the subject matter of the Maine Revised Statutes, Title 23, section 3360-A prior to the effective date of this Act remain in effect and do not require further authorization by the Legislature. Any changes to such existing rules are subject to the major substantive rule requirements of Title 5, chapter 375, subchapter 2-A.

Sec. 5. Rules concerning penalty standards. In adopting rules to establish standards for when and at what level penalties must be assessed pursuant to the Maine Revised Statutes, Title 23, section 3360-A, subsection 6-C, the Public Utilities Commission shall consider the requirement of that subsection that before imposing any penalties under that subsection, the commission shall consider evidence of the record of the violator, including, to the extent applicable, the number of successful excavations undertaken by the violator or the number of locations successfully marked by the violator during the prior 12 months. The commission shall also consider the seriousness of the violation and its impact on those served by the underground facility.