2024 -- S 2849 SUBSTITUTE A | |
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LC004950/SUB A | |
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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 | |
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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: | |
1 | SECTION 1. Sections 39-1.2-1 and 39-1.2-11 of the General Laws in Chapter 39-1.2 |
2 | entitled "Excavation near Underground Utility Facilities" are hereby amended to read as follows: |
3 | 39-1.2-1. Definitions. |
4 | As used in this chapter: |
5 | (1) “Abandoned utility facilities” means any known underground or submerged utility line |
6 | or facility that has been permanently taken out of service. For excavation purposes, the abandoned |
7 | underground utility facilities should always be considered to be active utility service. |
8 | (2) “Administrator” means the administrator of the division of public utilities and carriers. |
9 | (3) “Approximate location of underground facilities” means a strip of land extending not |
10 | more than one and one-half feet (1.5’) on either side of the underground facilities. |
11 | (4) “Association” means the group of public utilities formed pursuant to § 39-1.2-4 for the |
12 | purpose of receiving and giving notice of excavation activity within the state. |
13 | (5) “Damage” means and includes, but is not limited to, the substantial weakening of |
14 | structural or lateral support of a utility line; penetration or destruction of any utility line protective |
15 | coating, housing, or other protective device; or the severance, partial or complete, of any utility |
16 | line. Notwithstanding the foregoing, damage shall not include an intentional penetration or |
17 | severance of a utility line by a public utility or its contractor(s) for the purpose of effectuating a |
18 | repair or replacement of the utility line. |
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1 | (6) “Demolition” means the wrecking, razing, rending, moving, or removing of any |
2 | structure. |
3 | (7) “Excavation” means an operation for the purpose of movement or removal of earth, |
4 | rock, or other materials in or on the ground, or otherwise disturbing the subsurface of the earth, by |
5 | the use of powered or mechanized equipment, including, but not limited to: digging, blasting, |
6 | auguring, back filling, test boring, drilling, pile driving, grading, plowing in, hammering, pulling |
7 | in, trenching, and tunneling; excluding the movement of earth by tools manipulated only by human |
8 | or animal power and the tilling of soil for agricultural purposes. |
9 | (8) “Governing authority” means the permit-issuing authority. |
10 | (9) “Immediate danger to life and health” means likely to cause death or immediate or |
11 | delayed permanent adverse health effects or prevent escape from such an environment. |
12 | (10) “Inactive utility facilities” means any underground or submerged utility facilities line |
13 | or facility that has been temporarily taken out of service with the expectation of becoming usable |
14 | in the future. |
15 | (11) “Person” means an individual, partnership, corporation, association, or a public utility, |
16 | including a person engaged as a contractor by a public agency and including a public agency. |
17 | (12) "PHMSA" means the federal Pipeline and Hazardous Materials Safety Administration |
18 | administered by the United States Department of Transportation. |
19 | (12)(13) “Public agency” means the state or any political subdivision thereof, including |
20 | any governmental agency. |
21 | (13)(14) “Public utility” means the owner or operator of underground facilities for |
22 | furnishing electric, gas, telephone, or water service as defined in § 39-1-2(a)(20); and also means |
23 | and includes, for the purposes of this chapter only, electric transmission companies and |
24 | nonregulated power producers, as defined in § 39-1-2(a)(13) and (19); any cable television service; |
25 | and any water company that voluntarily becomes a member of the association provided for under |
26 | § 39-1.2-4. |
27 | (14)(15) “Public utility facilities” means the underground plant and equipment owned and |
28 | operated by a public utility for the purpose of furnishing electricity, gas, water, cable television, or |
29 | telephone service; including the underground plant and equipment owned and operated by any |
30 | water company, not subject to regulation by the administrator of the division of the public utilities, |
31 | that voluntarily joins the association provided for under § 39-1.2-4. Utility facilities shall include |
32 | active, newly installed, and inactive or abandoned utility facilities. |
33 | 39-1.2-11. Damage — Notice to public utility. |
34 | (a) Upon the occurrence of any contact with, or damage to, any pipe, cable, or its protective |
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1 | coating, or any other underground facility of a public utility, the appropriate and/or affected public |
2 | utility shall be notified immediately by the person or public agency responsible for the operation |
3 | causing the contact or damage prior to backfilling the excavation. Upon the receipt of the notice, |
4 | the public utility shall immediately dispatch personnel to the subject location to effect temporary |
5 | or permanent repair of the damage. Under no circumstances shall the excavator backfill or conceal |
6 | the damaged area until the public utility arrives at the subject location. Upon the occurrence of a |
7 | serious electrical short, or the escape of dangerous fluids or gases from a broken line, the person or |
8 | public agency responsible for the operations causing the damage shall call 911 if the damage |
9 | presents an immediate danger to life and health of employees or pedestrians in the surrounding area |
10 | unanticipated release of any federal Pipeline and Hazardous Materials Safety Administration |
11 | (PHMSA) regulated natural or other gas or hazardous liquid from a damaged pipeline, the person |
12 | or public agency responsible for the operations causing the damage shall promptly report the release |
13 | to first responders by calling 9-1-1. In the event of an immediate danger to life and health |
14 | occurrence, the area shall be evacuated until proper emergency services arrive. |
15 | (b) Any person, public agency, or public utility shall report all suspected violations of this |
16 | chapter to the division of public utilities and carriers within thirty (30) days after learning of the |
17 | circumstances constituting the suspected violation. |
18 | SECTION 2. This act shall take effect upon passage. |
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LC004950/SUB A | |
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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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1 | This act would amend the provision of notice to be provided for the release of any |
2 | hazardous gas or liquid as determined by the federal Pipeline and Hazardous Materials Safety |
3 | Administration. |
4 | This act would take effect upon passage. |
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LC004950/SUB A | |
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