2018 -- S 2498

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LC004646

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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 -- UNDERGROUND UTILITY

EXCAVATION

     

     Introduced By: Senators Lombardo, P Fogarty, Archambault, Pearson, and DaPonte

     Date Introduced: March 01, 2018

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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public utility, mark the approximate location of the underground utility facilities.

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     (b) Prior to notifying the association, any excavator must premark the area of proposed

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excavation in a manner that will enable the owner of the public utility facilities to identify the

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

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the proposed excavation will be continuous and exceed five hundred feet (500') in length, or if

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such marks may reasonably interfere with traffic or pedestrian control or are misleading to the

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general public.

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     (c) A public utility shall mark any of their underground utility facilities that are located

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within fifteen feet (15') of the exterior limits of the premarked excavation area.

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     (d) For the purposes of this chapter, the approximate location of underground utility

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facilities shall be marked with stakes, paint, or other physical means as may be necessary to

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ensure a distinctive mark. The public utility shall follow the color coding prescribed in this

 

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section.

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UTILITY AND TYPE OF PRODUCT SPECIFIC GROUP IDENTIFYING COLOR

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Electric power distribution and transmission Safety Red

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State and municipal electric systems Safety Red

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Gas distribution and transmission High Visibility Safety Yellow

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Dangerous materials, product line High Visibility Safety Yellow

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Telephone and telegraph systems Safety Alert Orange

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Water systems Safety Precaution Blue

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Cable antenna television Safety Alert Orange

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Premark White

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

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

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resulting damage.

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     (f) In the event of an incorrect marking, the public utility or its contractor shall reimburse

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the excavator for the lost time expense incurred, inclusive of manpower and equipment, resulting

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from the incorrect marking.

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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 -- UNDERGROUND UTILITY

EXCAVATION

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     This act would require public utilities or its contractors to reimburse excavators for lost

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time expense incurred as a result of incorrect markings.

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     This act would take effect upon passage.

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LC004646

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