2017 -- H 5643

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LC001358

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS

     

     Introduced By: Representative Robert B. Jacquard

     Date Introduced: March 01, 2017

     Referred To: House Corporations

     (DPUC)

It is enacted by the General Assembly as follows:

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

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

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     39-1.2-5. Notice of excavation.

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     (a) Except as provided in § 39-1.2-9, any person, public agency, or public utility

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

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one hundred feet (100') of a public utility facility shall notify the association of the proposed

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excavation or discharge at least seventy-two (72) hours, excluding Saturdays, Sundays, and

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holidays, but not more than thirty (30) days before commencing the excavation or discharge of

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explosives. Actual excavation must thereupon commence within thirty (30) days and be

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completed within sixty (60) days, including Saturdays, Sundays, and holidays, or the excavator

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must renotify the association. Each public utility shall, upon receipt of each notice of excavation,

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mark within seventy-two (72) hours or, where applicable in accordance with § 39-1.2-12, re-mark

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within forty-eight (48) hours, the location of all underground facilities.

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

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include:

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

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

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

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

 

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

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landmarks and utility pole numbers.

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

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

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

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

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

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

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

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

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have complied with the requirements of this section by giving one such notice to the association

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as required by this section, except when unanticipated obstructions are encountered, setting forth

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

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

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

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

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

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

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

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

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

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

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

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

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

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     39-1.2-11. Damage -- Notice to public utility.

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     (a) Upon the occurrence of any contact with, or damage to, any pipe, cable, or its

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protective coating, or any other underground facility of a public utility, the appropriate and/or

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affected public utility shall be notified immediately by the person or public agency responsible

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for the operation causing the contact or damage prior to backfilling the excavation. Upon the

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receipt of the notice, the public utility shall immediately dispatch personnel to the subject location

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to effect temporary or permanent repair of the damage. Under no circumstances shall the

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excavator backfill or conceal the damaged area until the public utility arrives at the subject

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location. Upon the occurrence of a serious electrical short, or the escape of dangerous fluids or

 

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gases from a broken line, the person or public agency responsible for the operations causing the

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damage shall call 911 immediately, evacuate the immediate area while awaiting and await the

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arrival of the public utility personnel.

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

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

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circumstances constituting the suspected violation.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS

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     This act would remove the sixty (60) day excavation completion requirement for work

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near public utilities and would require accidents to be reported to 911.

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     This act would take effect upon passage.

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