It is enacted by the General Assembly as follows:

SECTION 1. Sections 39-1.2-1 and 39-1.2-13 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

(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) {ADD (1) ADD} "Public utility" shall mean the owner or operator of underground facilities for furnishing electric, gas, telephone, or water service including a municipal or other public owner or operator.

{ADD (2) "Public utility" shall also mean and include, for purposes of this chapter only, any water company which voluntarily joins the association provided for under section 39-1.2-4. However, such membership shall not in any way subject such water company to regulation other than as set forth in this chapter. ADD}

(d) "Association" shall mean the group of public utilities formed pursuant to section 39-1.2-4 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.

39-1.2-13. Penalties. -- Any person or utility who violates any provision of sections 39-1.2-5 or 39-1.2-7 shall be subject to a civil penalty of two hundred dollars ($200) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for any subsequent offense. The administrator of the division of public utilities shall assess the civil penalty against the person or utility who is determined to have committed the violation. All penalties recovered shall be paid into the general fund of the state. This chapter shall not be construed to affect any civil remedies for personal injury or property damage (including underground utilities), except as otherwise specifically provided for in this chapter.

{ADD Any contractor found in violation of this chapter who fails to satisfy any such fines levied pursuant to this chapter shall be ineligible to bid on or be awarded any municipal, quasi-municipal, state, state funded, state regulated or state subsidized construction and/or public works contracts. ADD}

SECTION 2. This act shall take effect upon passage.