New / Proposed Legislation

Vermont Bill H-0749 as Introduced January 2018



1                                                                       H.749


2                                                  Introduced by Representative Sibilia of Dover


3                                                  Referred to Committee on


4                                                  Date:


5                                                  Subject: Utilities; underground; damage prevention system; hot water and


6                                                                                                            steam facilities


7                                                  Statement of purpose of bill as introduced: This bill proposes to make


8                                                  miscellaneous amendments to Vermont’s Underground Utility Damage


9                                                  Prevention System to provide clarity in the law and to expand the scope of the


10                                                    law to include underground hot water and steam facilities.






11                                                                       An act relating to the Underground Utility Damage Prevention System


12                                                    It is hereby enacted by the General Assembly of the State of Vermont:


13                                                    Sec. 1. 30 V.S.A. § 7001 is amended to read:


14                                                    § 7001. DEFINITIONS


15                                                                       In this chapter:


16                                                                                          (1) “Commission” means the Public Utility Commission under section 3


17                                                    of this title.


18                                                                                          (2) “Company” means any private or public utility company which,


19                                                    municipality, or person that supplies gas, electricity, hot water, steam, or


20                                                    telecommunications service and which that maintains underground utility



1                         facilities, and any cable television company operating a cable television system


2                         as defined in section 501 of this title and which that maintains underground


3                         utility facilities.


4                                            (3) “Damage” includes the substantial weakening of structural or lateral


5                         support of an underground utility facility,; penetration or destruction of any


6                         underground utility facility’s protective coating, housing, or device,; or the


7                         partial or complete severance of any underground utility facility.


8                                            (4) “Excavation activities” means any activities involving that will


9                         disturb the subsurface of the earth or could damage underground utility


10                         facilities and that may involve the removal of earth, rock, or other materials in


11                         the ground, disturbing the subsurface of the earth, or the demolition of any


12                         structure, by the discharge of explosives or the use of powered or mechanized


13                         equipment, including digging, trenching, blasting, boring, drilling, hammering,


14                         post driving, wrecking, razing, or tunneling, or pavement or concrete slab


15                         removal within 100 feet of an underground utility facility. Excavation


16                         activities shall not include the tilling of the soil for agricultural purposes,


17                         routine home gardening with hand tools outside easement areas and public


18                         rights-of-way, activities relating to routine public highway maintenance, or the


19                         use of hand tools by a company, or the company’s agent or a contractor


20                         working under the agent’s direction, to locate or service the company’s


21                         facilities, provided the company has a written damage prevention program.



1                                            (5) “Person” means any individual, trust, firm, joint stock company,


2                         corporation including a government corporation, partnership, association, state,


3                         municipality, commission, political subdivision of the state State, or any


4                         interstate body.


5                                            (6) “Public agency” means the State or any political subdivision thereof,


6                         including any governmental agency.


7                                            (7) “Approximate location of underground utility facilities” means a


8                         strip of land extending not more than 18 inches on either side of the


9                         underground utility facilities.


10                                            (8) “System” means the public utility underground facility damage


11                         prevention system referred to in section 7002 of this title.


12                                            (9) “Underground utility facility” or “facility” means any pipe, conduit,


13                         wire, or cable located beneath the surface of the earth and maintained by a


14                         company, including the protective covering of the pipe, conduit, wire, or cable,


15                         as well as any manhole, vault, or pedestal, or component maintained by a


16                         company.


17                                            (10) “Premark” means to identify the general scope of excavation


18                         activities using white paint, stakes, or other suitable white markings, in a


19                         manner that will enable the operators of the underground utility facilities to


20                         know the boundaries of the proposed excavation activities.



1                                            (11) “Powered or mechanized equipment” means equipment that is


2                         powered or energized by any motor, engine, or hydraulic or pneumatic device


3                         and that is used for excavation or demolition work.


4                                            (12) “Hand tools” means tools powered solely by human energy.


5                                            (13) “Verified” means the location and depth have been physically


6                         determined by hand digging visually determined using careful and prudent


7                         excavating techniques such as hand digging, water excavation, or other

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