2017 -- S 0056

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LC000482

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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 -- EXCAVATION NEAR

UNDERGROUND UTILITY FACILITIES

     Introduced By: Senator Dennis L. Algiere

     Date Introduced: January 18, 2017

     Referred To: Senate Judiciary

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-1.2-7 of the General Laws in Chapter 39-1.2 entitled

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

     39-1.2-7. Marking of underground utilities and excavations.

     (a) A public utility served with the notice in accordance with § 39-1.2-5 shall, within

seventy-two (72) hours, exclusive of Saturdays, Sundays, and legal holidays, of the receipt of the

notice, unless otherwise agreed between the person or public agency performing the work and the

public utility, mark the approximate location of the underground utility facilities. (b) Prior to

notifying the association, any excavator must premark the area of proposed excavation in a

manner that will enable the owner of the public utility facilities to identify the boundaries of the

proposed excavation activities, except that premarking shall not be required if the proposed

excavation will be continuous and exceed five hundred feet (500') in length, or if such marks may

reasonably interfere with traffic or pedestrian control or are misleading to the general public. (c)

A public utility shall mark any of their underground utility facilities that are located within fifteen

feet (15') of the exterior limits of the premarked excavation area. (d) For the purposes of this

chapter, the approximate location of underground utility facilities shall be marked with stakes,

paint, or other physical means as may be necessary to ensure a distinctive mark. The public utility

shall follow the color coding prescribed in this section.

UTILITY AND TYPE OF PRODUCTSPECIFIC GROUP IDENTIFYING COLOR

Electric power distribution and transmission Safety Red

State and municipal electric systems Safety Red

Gas distribution and transmission High Visibility Safety Yellow

Dangerous materials, product line High Visibility Safety Yellow

Telephone and telegraph systems Safety Alert Orange

Water systems Safety Precaution Blue

Cable antenna television Safety Alert Orange

Premark White

     (e) In the event the excavator shall damage the underground public utility facilities as the

result of an incorrect marking by the public utility, the excavator shall not be responsible for the

resulting damage.

     (f) The provisions of this section shall apply to all underground utility facilities whether

classified as "private service" or "public utility" when the underground utility is in or under a

public right-of-way.

     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 -- EXCAVATION NEAR

UNDERGROUND UTILITY FACILITIES

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     This act would require the marking of all underground utility facilities when the

underground utility is under a public right-of-way.

     This act would take effect upon passage.

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