An Act To Make Changes to the So-called Dig Safe Law
Sec. 1. 23 MRSA §3360-A, sub-§3, ¶E, as amended by PL 2011, c. 72, §1, is further amended to read:
Sec. 2. 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.
Sec. 3. So-called Dig Safe rule review. The Public Utilities Commission shall review Public Utilities Commission Rule Chapter 895: Underground Facility Damage Prevention Requirements to identify ways to decrease the number of notices that do not result in a marking that are issued by the damage prevention system under the Maine Revised Statutes, Title 23, section 3360-A, subsection 1-A. The commission may amend its rules in ways that will decrease the number of notices issued that do not result in a marking. The commission may submit a report with recommended changes to the law to the joint standing committee of the Legislature having jurisdiction over utility matters by January 10, 2015. The committee may report out a bill relating to the commission's report to the First Regular Session of the 127th Legislature.