New / Proposed Legislation

Maine Rule Amended Effective April 15, 2015

 LAW WITHOUT GOVERNOR'S SIGNATURE
 
CHAPTER  9
 
STATE OF MAINE
 
APRIL 14,2015
 
RESOLVES
 
 
IN THE YEAR OF OUR LORD TWO THOUSAND AND FIFTEEN
 
 
H.P.143 - L.D. 200
 
 
Resolve, Regarding  Legislative Review of Portions of Chapter 895: Underground  Facility Damage Prevention  Requirements, a Major Substantive Rule of the Public Utilities Commission
 
 
Emergency  preamble.    Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
 
Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
 
Whereas, the  above-named  maJor substantive  rule  has  been  submitted  to  the
Legislature for review; and
 
Whereas,   immediate  enactment  of  this  resolve   IS    necessary  to  record  the
Legislature's position on final adoption of the rule; and
 
Whereas, in tlie judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
 
Sec. 1.   Adoption.   Resolved:   That final adoption of portions of Chapter 895: Underground Facility Damage Prevention Requirements, a provisionally adopted major substantive rule of the Public Utilities Commission that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if the following change is made.
 
1.  The rule must be amended in section 6(C)(4) to provide a specific time frame, not to exceed  10 business days, for a non-member operator to notify the Public Utilities Commission that the non-member operator's contact person who receives excavation notifications  has changed or  that  the contact information of  the contact person has changed for purposes of maintaining the commission's OKTODIG database.
 
The Public Utilities Commission is not required to hold hearings or undertake further proceedings prior to final adoption of the rule in accordance with this section.
 
Emergency  clause. In  view  of  the  emergency   cited  in  the  preamble,   this legislation takes effect when approved.

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