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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- EXCAVATION NEAR

UNDERGROUND UTILITY FACILITIES

     

     Introduced By: Senators DiMario, Bissaillon, and F. Lombardi

     Date Introduced: March 22, 2024

     Referred To: Senate Environment & Agriculture

     (Division of Public Utilities & Carriers)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 39-1.2-1 and 39-1.2-11 of the General Laws in Chapter 39-1.2

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

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     39-1.2-1. Definitions.

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     As used in this chapter:

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     (1) “Abandoned utility facilities” means any known underground or submerged utility line

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

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

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     (2) “Administrator” means the administrator of the division of public utilities and carriers.

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

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more than one and one-half feet (1.5’) on either side of the underground facilities.

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

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

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

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structural or lateral support of a utility line; penetration or destruction of any utility line protective

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

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line. Notwithstanding the foregoing, damage shall not include an intentional penetration or

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severance of a utility line by a public utility or its contractor(s) for the purpose of effectuating a

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repair or replacement of the utility line.

 

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

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structure.

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

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

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

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

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

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

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     (8) “Governing authority” means the permit-issuing authority.

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

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

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

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

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in the future.

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     (11) “Person” means an individual, partnership, corporation, association, or a public utility,

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including a person engaged as a contractor by a public agency and including a public agency.

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     (12) "PHMSA" means the federal Pipeline and Hazardous Materials Safety Administration

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administered by the United States Department of Transportation.

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

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any governmental agency.

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

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

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

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

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

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§ 39-1.2-4.

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

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

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

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

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

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

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     39-1.2-11. Damage — Notice to public utility.

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     (a) Upon the occurrence of any contact with, or damage to, any pipe, cable, or its protective

 

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coating, or any other underground facility of a public utility, the appropriate and/or affected public

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utility shall be notified immediately by the person or public agency responsible for the operation

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causing the contact or damage prior to backfilling the excavation. Upon the receipt of the notice,

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the public utility shall immediately dispatch personnel to the subject location to effect temporary

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or permanent repair of the damage. Under no circumstances shall the excavator backfill or conceal

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the damaged area until the public utility arrives at the subject location. Upon the occurrence of a

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serious electrical short, or the escape of dangerous fluids or gases from a broken line, the person or

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public agency responsible for the operations causing the damage shall call 911 if the damage

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presents an immediate danger to life and health of employees or pedestrians in the surrounding area

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unanticipated release of any federal Pipeline and Hazardous Materials Safety Administration

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(PHMSA) regulated natural or other gas or hazardous liquid from a damaged pipeline, the person

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or public agency responsible for the operations causing the damage shall promptly report the release

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to first responders by calling 9-1-1. In the event of an immediate danger to life and health

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occurrence, the area shall be evacuated until proper emergency services arrive.

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     (b) Any person, public agency, or public utility shall report all suspected violations of this

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chapter to the division of public utilities and carriers within thirty (30) days after learning of the

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circumstances constituting the suspected violation.

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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 -- EXCAVATION NEAR

UNDERGROUND UTILITY FACILITIES

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     This act would amend the provision of notice to be provided for the release of any

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hazardous gas or liquid as determined by the federal Pipeline and Hazardous Materials Safety

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Administration.

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     This act would take effect upon passage.

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