2021 -- H 5765

========

LC001579

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - EXCAVATION NEAR

UNDERGROUND UTILITY FACILITIES

     Introduced By: Representatives Casey, Solomon, Vella-Wilkinson, S Lima, Kennedy,
and Edwards

     Date Introduced: February 24, 2021

     Referred To: House Corporations

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

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

from the incorrect marking.

     SECTION 2. This act shall take effect upon passage.

========

LC001579

========

LC001579 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - EXCAVATION NEAR

UNDERGROUND UTILITY FACILITIES

***

     This act would require any public utility or its contractor to reimburse an excavator for lost

time expense incurred, including manpower and equipment from the utility's incorrect marking of

underground utilities.

     This act would take effect upon passage.

========

LC001579

========

LC001579 - Page 3 of 3