2018 -- H 7775

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LC004292

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - EXCAVATION NEAR

UNDERGROUND UTILITY FACILITIES

     Introduced By: Representatives Solomon, Shanley, Newberry, and Phillips

     Date Introduced: February 28, 2018

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 39-1.2-1 and 39-1.2-1.1 of the General Laws in Chapter 39-1.2

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

     39-1.2-1. Definitions.

     As used in this chapter:

     (1) "Abandoned utility facilities" means any known underground or submerged utility

line or facility that has been permanently taken out of service. For excavation purposes, the

abandoned underground utility facilities should always be considered to be active utility service.

     (2) "Administrator" means the administrator of the division of public utilities and

carriers.

     (3) "Approximate location of underground facilities" means a strip of land extending not

more than one and one-half (1 1/2) feet on either side of the underground facilities.

     (4) "Association" means the group of public utilities formed pursuant to § 39-1.2-4 for

the purpose of receiving and giving notice of excavation activity within the state.

     (5) "Damage" means and includes, but is not limited to, the substantial weakening of

structural or lateral support of a utility line, penetration, or destruction of any utility line

protective coating, housing, or other protective device or the severance, partial or complete, of

any utility line.

     (6) "Demolition" means the wrecking, razing, rending, moving, or removing of any

structure.

     (7) "Excavation" means an operation for the purpose of movement or removal of earth,

rock, or other materials in or on the ground, or otherwise disturbing the subsurface of the earth,

by the use of powered or mechanized equipment, including, but not limited to: digging, blasting,

auguring, back filling, test boring, drilling, pile driving, grading, plowing in, hammering, pulling

in, trenching, and tunneling; excluding the movement of earth by tools manipulated only by

human or animal power and the tilling of soil for agricultural purposes.

     (8) "Governing authority" means the permit-issuing authority.

     (9) "Immediate danger to life and health" means likely to cause death or immediate or

delayed permanent adverse health effects or prevent escape from such an environment.

     (10) "Inactive utility facilities" means any underground or submerged utility facilities line

or facility that has been temporarily taken out of service with the expectation of becoming usable

in the future.

     (11) "Municipality" means a city or town within the state.

     (11)(12) "Person" means an individual, partnership, corporation, association, or a public

utility, including a person engaged as a contractor by a public agency and including a public

agency.

     (12)(13) "Public agency" means the state or any political subdivision thereof, including

any governmental agency.

     (13)(14) "Public utility" means the owner or operator of underground facilities for

furnishing electric, gas, telephone, or water service as defined in § 39-1-2(20); and also means

and includes, for the purposes of this chapter only, electric transmission companies and

nonregulated power producers, as defined in § 39-1-2(13) and (19); any cable television service;

and any water company that voluntarily becomes a member of the association provided for under

§ 39-1.2-4.

     (14)(15) "Public utility facilities" means the underground plant and equipment owned and

operated by a public utility for the purpose of furnishing electricity, gas, water, cable television

or telephone service; including the underground plant and equipment owned and operated by any

water company, not subject to regulation by the administrator of the division of the public

utilities, that voluntarily joins the association provided for under § 39-1.2-4. Utility facilities shall

include active, newly installed, and inactive or abandoned utility facilities.

     39-1.2-1.1. Findings.

     The general assembly finds and declares that:

     (1) Safety and the need for an effective damage prevention program for underground

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utility facilities should include participation from all stakeholders including excavators and utility

companies;

     (2) To develop a process for fostering and promoting the use of an effective damage

prevention program, by all appropriate stakeholders, technologies need to be improved that

enhance communications, underground pipeline locating capability, and gathering and analyzing

information about the accuracy and effectiveness of underground facility locating programs;

     (3) Many public, private and municipal utilities are located underground including, but

not limited to, gas, water, electric, cable television, telephone and sewers. Excavation in the

vicinity of such utilities can be dangerous and the utilities should be marked appropriately to

avoid damage, injury or public emergency; and

     (4) All utilities whether public, private or municipal should strongly consider

participation in the utility damage prevention program known as Dig Safe System, Inc. to insure

the highest level of safety and awareness of utility facility locations.

     (5) When underground utility construction and work on public roadways is not well

coordinated, the result is otherwise preventable project delays, impacts to the surrounding

community and businesses, inconvenience to the traveling public, increased safety risks, damage

to newly constructed roadway surfaces, duplicative paving and roadway construction, and

unnecessary expense.

     SECTION 2. Chapter 39-1.2 of the General Laws entitled "Excavation Near

Underground Utility Facilities" is hereby amended by adding thereto the following section:

     39-1.2-15. Coordination between public utilities and municipalities.

     On or before July 1, 2019, each public utility and municipality in this state shall:

     (1) Develop a three (3) to five (5) year capital improvement plan that will enable both the

public utility and municipality to share information to assist each in the planning and

synchronizing of their construction, road resurfacing, and other projects related to infrastructure

replacement and improvement;

     (2) Establish a designated coordinator to manage planning and coordination;

     (3) Establish regular meetings, to be held no less than once per year, between the

designated coordinator of each utility and of each municipality; and

     (4) Post on their respective websites, the information set forth in this section.

     SECTION 3. 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 public utilities and municipalities to coordinate their construction

activities to lessen inconvenience to the public and save money.

     This act would take effect upon passage.

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