2014 -- S 2450 SUBSTITUTE A

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LC004259/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - EXCAVATION NEAR

UNDERGROUND UTILITY FACILITIES

     Introduced By: Senator William A.Walaska

     Date Introduced: February 27, 2014

     Referred To: Senate Commerce

     (Division of Public Utilities and Carriers)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 39-1.2-5 and 39-1.2-11 of the General Laws in Chapter 39-1.2

entitled "Excavation Near Underground Utility Facilities" are hereby amended to read as follows:

     39-1.2-5. Notice of excavation. – (a) Except as provided in section §39-1.2-9, any

person, public agency, or public utility responsible for excavating within one hundred feet (100')

or for discharging explosives within one hundred feet (100') of a public utility facility shall notify

the association of the proposed excavation or discharge by telephone at least seventy-two (72)

hours, excluding Saturdays, Sundays, and holidays, but not more than thirty (30) days before

commencing the excavation or discharge of explosives. Actual excavation must thereupon

commence within thirty (30) days and be completed within sixty (60) days, including Saturdays,

Sundays, and holidays, or the excavator must renotify the association. Each public utility shall,

upon receipt of each notice of excavation, mark within seventy-two (72) hours or, where

applicable in accordance with section §39-1.2-12, re-mark within forty-eight (48) hours, the

location of all underground facilities.

     (b) Each excavator shall provide a description of the excavation location that shall

include:

     (1) The name of the city or town where the excavation will take place;

     (2) The name of the street, way, or route number where appropriate;

     (3) The name of the streets at the nearest intersection to the excavation;

     (4) The numbered address of buildings closest to the excavation; and

     (5) Any other description that will accurately define the excavation location, including

landmarks and utility pole numbers.

     (c) If an excavator determines that a public utility facility has been mismarked, the

excavator may notify the association and the appropriate public utility shall remark no later than

three (3) hours after receipt of notification from the association. The failure to mark or re-mark

the location of all underground facilities upon each notice of excavation shall constitute a separate

violation of this chapter. Where an excavation is to be made by a contractor as part of the work

required by a contract with the state or with any political subdivision thereof or other public

agency, for the construction, reconstruction, relocation, or improvement of a public way or for the

installation of a railway track, conduit, sewer, or water main, the contractor shall be deemed to

have complied with the requirements of this section by giving one such notice as required by this

section, except, when unanticipated obstructions are encountered, setting forth the location and

the approximate time required to perform the work involved to the association. In addition, the

initial notice shall indicate whether the excavation is anticipated to involve blasting and, if so, the

date on which and specific location at which the blasting is to occur. If after the commencement

of an excavation, it is found there is an unanticipated obstruction requiring blasting, the excavator

shall give at least four (4) hours notice to the association before commencing the blasting. When

demolition of a building containing a public utility facility is proposed, the public utility or

utilities involved will be given written notice by registered mail at least ten (10) days prior to the

commencement of the demolition of the building. All notices shall include the name, address, and

telephone number of the entity giving notice,; the name of the person, public agency, or public

utility performing the work,; and the commencement date and proposed type of excavation,

demolition, or discharge of explosives. The association shall immediately transmit the

information to the public utilities whose facilities may be affected. An adequate record shall be

maintained by the association to document compliance with the requirements of this chapter.

     39-1.2-11. Damage -- Notice to public utility. – (a) Upon the occurrence of any contact

with, or damage to, any pipe, cable, or its protective coating, or any other underground facility of

a public utility, the association appropriate and/or affected public utility shall be notified

immediately by the person or public agency responsible for the operation causing the contact or

damage prior to backfilling the excavation. Upon the receipt of the notice, the public utility shall

immediately dispatch personnel to the subject location to effect temporary or permanent repair of

the damage. Under no circumstances shall the excavator backfill or conceal the damaged area

until the public utility arrives at the subject location. Upon the occurrence of a serious electrical

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short, or the escape of dangerous fluids or gases from a broken line, the person or public agency

responsible for the operations causing the damage shall evacuate the immediate area while

awaiting the arrival of the public utility personnel.

     (b) Any person, public agency, or public utility shall report all suspected violations of this

chapter to the division of public utilities within thirty (30) days after learning of the

circumstances constituting the suspected violation.

     SECTION 2. This act shall take effect on July 1, 2014.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - EXCAVATION NEAR

UNDERGROUND UTILITY FACILITIES

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     This act would require those persons, public agencies or public utilities responsible for

excavating within one hundred feet (100’) or for discharging explosives within one hundred feet

(100’) of a public utility facility, who are already obligated to give timely and compliant notice to

the public utility association of said planned activity (otherwise referred to as “calling in for a

DigSafe ticket”), provide greater specificity when describing or defining the excavation/worksite

location.

     This act would also expand the reporting obligations when underground facilities of a

public utility or any pipe, cable or its protective coating have been damaged.

     This act would take effect on July 1, 2014.

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