It is enacted by the General Assembly as follows:

SECTION 1. Sections 39-1.2-1 and 39-1.2-7 of the General Laws in Chapter 39-1.2 entitled "Excavation Near Underground Utility Facilities" are hereby amended to read as follows:

{ADD 39-1.2-1. Definitions. -- ADD} As used in this chapter

(a) "Person" shall mean 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.

(b) "Public agency" shall mean the state or any political subdivision thereof, including any governmental agency.

(c) "Public utility" shall mean the owner or operator of underground facilities for furnishing electric, gas, or telephone {ADD , or water ADD} service including a municipal or other public owner or operator.

(d) "Association" shall mean the group of public utilities formed pursuant to section 39-1.2-4 of this chapter for the purpose of receiving and giving notice of excavation activity within the state.

(e) "Excavation" shall mean 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.

(f) "Demolition" shall mean the wrecking, razing, rending, moving, or removing of any structure.

(g) "Damage" 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.

(h) "Approximate location of underground facilities" shall mean a strip of land extending not more than one and one-half (1-1/2) feet on either side of the underground facilities.

(i) "Administrator" shall mean the administrator of the division of public utilities.

(j) "Governing authority" shall mean the permit issuing authority.

{ADD 39-1.2-7. Marking of underground utilities. -- ADD} (a) A public utility served with the notice in accordance with section 39-1.2-5 shall, within forty eight (48) 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 utilities. For the purposes of this chapter, the approximate location of underground facilities shall be marked with stakes, paint, or other physical means. The public utility shall follow the color coding prescribed herein

             UTILITY AND TYPE OF PRODUCT    SPECIFIC GROUP IDENTIFYING COLOR 

               Electric power                Safety Red
               distribution and
               transmission

               State and municipal           Safety Red
               electric systems

               Gas distribution and          High Visibility Safety
               transmission                  Yellow

               Dangerous materials,          High Visibility Safety
               product line                  Yellow

               Telephone and telegraph       Safety Alert Orange
               systems

                                               {ADD  Water systemsADD}
                                               {ADD  Safety Precaution BlueADD}
                                             

(b) 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.

SECTION 2. This act shall take effect on January 1, 1996.