| Chapter 081 |
| 2024 -- H 7427 SUBSTITUTE A Enacted 06/12/2024 |
| A N A C T |
| RELATING TO PUBLIC UTILITIES AND CARRIERS -- EXCAVATION NEAR UNDERGROUND UTILITY FACILITIES |
Introduced By: Representatives DeSimone, Cardillo, Biah, McEntee, Ackerman, Corvese, Slater, Azzinaro, Dawson, and McGaw |
| Date Introduced: February 02, 2024 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sections 39-1.2-1 and 39-1.2-11 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 feet (1.5’) 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. Notwithstanding the foregoing, damage shall not include an intentional penetration or |
| severance of a utility line by a public utility or its contractor(s) for the purpose of effectuating a |
| repair or replacement of the 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) “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) "PHMSA" means the federal Pipeline and Hazardous Materials Safety Administration |
| administered by the United States Department of Transportation. |
| (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(a)(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(a)(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. |
| 39-1.2-11. Damage — Notice to public utility. |
| (a) Upon the occurrence of any contact with, or damage to, any pipe, cable, or its protective |
| coating, or any other underground facility of a public utility, the appropriate and/or affected public |
| utility shall be notified immediately by the person or public agency responsible for the operation |
| causing the contact or damage prior to backfilling the excavation. Upon the receipt of the notice, |
| the public utility shall immediately dispatch personnel to the subject location to effect temporary |
| or permanent repair of the damage. Under no circumstances shall the excavator backfill or conceal |
| the damaged area until the public utility arrives at the subject location. Upon the occurrence of a |
| serious electrical short, or the escape of dangerous fluids or gases from a broken line, the person or |
| public agency responsible for the operations causing the damage shall call 911 if the damage |
| presents an immediate danger to life and health of employees or pedestrians in the surrounding area |
| unanticipated release of any federal Pipeline and Hazardous Materials Safety Administration |
| (PHMSA) regulated natural or other gas or hazardous liquid from a damaged pipeline, the person |
| or public agency responsible for the operations causing the damage shall promptly report the release |
| to first responders by calling 9-1-1. In the event of an immediate danger to life and health |
| occurrence, the area shall be evacuated until proper emergency services arrive. |
| (b) Any person, public agency, or public utility shall report all suspected violations of this |
| chapter to the division of public utilities and carriers within thirty (30) days after learning of the |
| circumstances constituting the suspected violation. |
| SECTION 2. This act shall take effect upon passage. |
| ======== |
| LC004380/SUB A |
| ======== |