New / Proposed Legislation

New Massachusetts Bill Introduced

 
 

HOUSE  .   .   .   .   .   .   .  No. 4420

 

 

The Commonwealth of Massachusetts

 
 


 

HOUSE OF REPRESENTATIVES, April 17, 2018.

 

The committee on the Transportation to whom was referred the petition (accompanied by bill, House, No. 1813) of Claire D. Cronin and Marjorie C. Decker relative to certain excavations of public ways, reports recommending that the accompanying bill (House, No. 4420) ought to pass.

 

For the committee,

 

WILLIAM M. STRAUS.

 

FILED ON: 3/1/2018

 
 

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4420

 

 

The Commonwealth of Massachusetts

 

 
 


In the One Hundred and Ninetieth General Court (2017-2018)

 
 


 

An Act relative to public safety in excavation.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

 

SECTION 1. Section 40 of Chapter 82 of the general laws, as appearing in the 2014

 

Official Edition, is hereby amended by inserting the following terms therein:-

 

“Marking standards”, the methods by which a company designates its facilities in

 

accordance with standards established by the Common Ground Alliance (CGA) and the

 

American Public Works Association.

 

“Non-mechanical means”, shall mean excavation using any device or tool manipulated by

 

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

 

minimize direct contact with utilities.

 

SECTION 2. Section 40 of Chapter 82 of the general laws, as appearing in the 2014

 

Official Edition, is hereby amended by inserting in line 5, after the words “cable television

 

company, and”, the following words:- municipal traffic signal departments

 

SECTION 3. Section 40 of Chapter 82 of the general laws, as appearing in the 2014

 

Official Edition, is hereby amended by inserting the following terms therein:-

 

“Professional Land Surveyor”, shall have the same definition as set forth in M.G.L.

 

15        c.112, §81D.

 

SECTION 4. Section 40A of Chapter 82 of the general laws, as appearing in the 2014

 

Official Edition, is hereby amended by inserting after the first paragraph the following

 

paragraph:-:

 

Any Professional Land Surveyor working on a preliminary design for a new facility or

 

renovation where excavation shall be necessary shall premark the proposed excavation and give

 

initial notice to the system.

 

SECTION 5. Section 40B of Chapter 82 of the general laws, as appearing in the 2014

 

Official Edition, is hereby amended by inserting after the words “the excavator” the following

 

words:- or Professional Land Surveyor

 

SECTION 6. Section 40B of Chapter 82 of the general laws, as appearing in the 2014

 

Official Edition, is hereby amended by inserting the following sentences at the end thereof:-

 

At a minimum, all markings shall indicate, where practicable, the width if it is greater

 

than two inches, the material of the underground facility, the existence of multiple ducts, as well

 

as any change in direction and any terminus points of the facility. In circumstances where the

 

total number of lines buried in the same trench may not be readily known, a corridor marker may

 

be used.

 

A company shall conduct periodic audits to ensure the accuracy of the locating and

 

marking of facilities as well as its adherence to marking standards.

 

SECTION 7. Section 40E of Chapter 82 of the general laws, as appearing in the 2014

 

Official Edition, is amended by inserting the following sentence at the end thereof:-

 

The department of public utilities may require any person or company who does not

 

comply with the provisions of sections 40A to 40E to complete a “Dig Safe” training program in

 

lieu of a fine for a first offense.

 

 

 

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