Massachusetts Bill Filed to Change the "Dig Safe" Law

1 Section 40 of Chapter 82 of the General Laws, as appearing in the 2008 Official Edition, is

2 hereby amended, in lines 15 to 17, by striking the definition of “emergency” and replacing it

3 with the following definition:-

4

5 “ ‘Emergency’ shall mean a condition in which the safety of the public is in clear and imminent

6 danger, such as a threat to life or health or where immediate correction is required to maintain or

7 restore existing pubic utility service. Emergency shall not include conditions, as determined by

8 the Department, which constitute operational convenience to a company.”

9 SECTION 2. Section 40 of Chapter 82 of the General Laws, as appearing in the 2008 Official

10 Edition, is hereby amended, at the end of line 27, by inserting the following new definition:-

11

12 “ ‘Non-Mechanical Means’ shall mean excavation using any device or tool manipulated by

13 human power; including air vacuum, air blowing or similar methods of excavation designed to

14 minimize direct contact with utilities.”

15 SECTION 3. Section 40B of the same chapter of the General Laws is amended by inserting at

16 the end thereof, the following sentences:-

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18 “All markings shall indicate, where practicable, the width of the underground facility, its last

19 known depth, and the material composition of the underground facility, as well as any change in

20 direction and any terminus points of the facility; including, but not limited to capped locations

21 and multiple utility lines or ducts.

22 Any company that fails to mark, locate, or otherwise provide the position and number of its

23 underground facilities which may be affected by a planned excavation or demolition shall be

24 liable for any costs, labor, parts, equipment and personnel downtime, incurred by an excavator

25 damaging a facility owned, operated or controlled by the company.

26 A qualified representative of a company shall be required to visit the excavation site to clarify

27 the location of an underground facility upon reasonable request by the project owner, excavator

28 or their respective agents. Attendance or lack of attendance at such meeting shall be an

29 affirmative defense for consideration in any Department proceeding to determine responsibility

30 in the event of damage to an underground facility.”

31 SECTION 4. Section 40C of the same chapter of the General Laws is amended by inserting at

32 the end thereof, the following sentence:-

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34 “In response to notice of utility damage, a company must provide reasonable notice for the

35 excavator to observe repair work and, within thirty days, provide a work order with an itemized

36 and detailed cost accounting including, but not limited to, reasonable rates of labor, time and

37 materials, to the excavator relative to the cost of reestablishing service as it existed at the time of

38 damage to the underground facility.”

39 SECTION 5. Chapter 82 of the General Laws, as appearing in the 2008 Official Edition, is

40 hereby amended by inserting the following new section at the end thereof:-

41

42 “Any monetary dispute between a company, excavator or project owner for damages caused

43 during excavation conducted in accordance with sections 40A to 40E, inclusive, where the claim

44 is less than $25,000, shall be subject to an alternative dispute resolution in accordance with the

45 American Arbitration Association. Nothing in this act shall be construed to discourage parties

46 from pursuing alternative dispute resolution processes for an amount greater than $25,000. The

47 parties may by mutual agreement designate another alternative dispute resolution association for

48 all matters.”