An Act To Make Changes to the So-called Dig Safe Law
Sec. 1. 23 MRSA §3360-A, sub-§1, ¶E, as amended by PL 2011, c. 588, §2, is further amended to read:
Sec. 2. 23 MRSA §3360-A, sub-§3, ¶A, as amended by PL 2003, c. 373, §1, is further amended to read:
Sec. 3. 23 MRSA §3360-A, sub-§3, ¶E, as amended by PL 2011, c. 72, §1, is further amended to read:
Sec. 4. 23 MRSA §3360-A, sub-§10-A, ¶B, as enacted by PL 2011, c. 588, §11, is amended to read:
(1) That landowner may mark the underground facilities in accordance with paragraph D;
(2) The excavator may wait 3 business days from the date of notification to commence the excavation or may commence the excavation upon notification;
(3) If the excavator waits 3 business days from the date of notification or until after the underground facilities are marked, if sooner, to commence excavation or if the markings made by the landowner pursuant to subparagraph (1) fail to identify the location of the underground facilities in accordance with paragraph D, an excavator damaging or injuring underground facilities is not liable for any damage or injury caused by the excavation, except on proof of negligence; and
(4) If the excavator does not wait until the underground facilities are marked or 3 business days from the date of notification to commence excavation, whichever occurs earlier, the excavator is liable for all damages to the underground facilities as a result of the excavation.
SUMMARY
This bill makes liquefied propane gas distribution systems that are not included within the scope of 49 Code of Federal Regulations, Part 192 subject to the so-called Dig Safe Law, with the exception of distribution systems that provide service to single-family residences or businesses with fewer than 5 employees. The bill also changes the requirement that an excavator notify the Dig Safe system of the location of the intended excavation from not more than 30 calendar days prior to commencement of the excavation to not more than 60 days, in order to make the requirement consistent with other sections of the statute, and clarifies that excavators must renew notification to the owners or operators of underground facilities for each successive 60-day period during which they will be excavating.
Finally, the bill clarifies that the provision that allows excavators to commence excavation on underground facilities located on private property that are owned and operated by the owner of that property before those facilities are marked or the passing of 3 business days from the date of notification, whichever occurs earlier, only applies when the underground facilities provide service to a single-family residence.