New / Proposed Legislation

New Rhode Island Bill Introduced

  

 

2018 -- H 7480

2018 -- S 2498

 

 

 

S T A T E     O F     R H O D E      I S L A N D

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

 

 

A N   A  C T


 

RELATING TO PUBLIC UTILITIES AND CARRIERS - EXCAVATION NEAR UNDERGROUND UTILITY FACILITIES

 

 

 

Introduced By: Representatives Morin, Phillips, Messier, Lombardi, and Hull

Date Introduced: February 07, 2018

Referred To: House Corporations

 

 

 

 

It is enacted by the General Assembly as follows:

 

1                                    SECTION 1. Section 39-1.2-7 of the General Laws in Chapter 39-1.2 entitled

 

2            "Excavation Near Underground Utility Facilities" is hereby amended to read as follows:

 

3                                    39-1.2-7. Marking of underground utilities and excavations.

 

4                                    (a) A public utility served with the notice in accordance with § 39-1.2-5 shall, within

 

5            seventy-two (72) hours, exclusive of Saturdays, Sundays, and legal holidays, of the receipt of the

 

6            notice, unless otherwise agreed between the person or public agency performing the work and the

 

7            public utility, mark the approximate location of the underground utility facilities.

 

8                                    (b) Prior to notifying the association, any excavator must premark the area of proposed

 

9            excavation in a manner that will enable the owner of the public utility facilities to identify the

 

10            boundaries of the proposed excavation activities, except that premarking shall not be required if

 

11            the proposed excavation will be continuous and exceed five hundred feet (500') in length, or if

 

12            such marks may reasonably interfere with traffic or pedestrian control or are misleading to the

 

13            general public.

 

14                                    (c) A public utility shall mark any of their underground utility facilities that are located

 

15            within fifteen feet (15') of the exterior limits of the premarked excavation area.

 

16                                    (d) For the purposes of this chapter, the approximate location of underground utility

 

17            facilities shall be marked with stakes, paint, or other physical means as may be necessary to

 

18            ensure a distinctive mark. The public utility shall follow the color coding prescribed in this


1

section.

 

2

UTILITY AND TYPE OF PRODUCT SPECIFIC GROUP

IDENTIFYING COLOR

3

Electric power distribution and transmission

Safety Red

4

State and municipal electric systems

Safety Red

5

Gas distribution and transmission

High Visibility Safety Yellow

6

Dangerous materials, product line

High Visibility Safety Yellow

7

Telephone and telegraph systems

Safety Alert Orange

8

Water systems

Safety Precaution Blue

9

Cable antenna television

Safety Alert Orange

10

Premark

White

 

11                                    (e) In the event the excavator shall damage the underground public utility facilities as the

 

12            result of an incorrect marking by the public utility, the excavator shall not be responsible for the

 

13            resulting damage.

 

14                                    (f) In the event of an incorrect marking, the public utility or its contractor shall reimburse

 

15            the excavator for the lost time expense incurred, inclusive of manpower and equipment, resulting

 

16            from the incorrect marking.

 

17                                    SECTION 2. This act shall take effect upon passage.

 

 

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EXPLANATION

 

BY THE LEGISLATIVE COUNCIL OF

 

A N   A  C T

 

RELATING TO PUBLIC UTILITIES AND CARRIERS - EXCAVATION NEAR UNDERGROUND UTILITY FACILITIES

 

 

***

 

1                                    This act would require any public utility or its contractor to reimburse an excavator for

 

2            lost time expense incurred, including manpower and equipment from the utilities incorrect

 

3            marking of underground utilities.

 

4                                    This act would take effect upon passage.

 

 

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