HOUSE DOCKET, NO. 1771        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1813

The Commonwealth of Massachusetts

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PRESENTED BY:

Claire D. Cronin

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to public safety in excavation.

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PETITION OF:

HOUSE DOCKET, NO. 1771        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1813

The Commonwealth of Massachusetts

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

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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. 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 sentences 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. The penalties provided for in this section shall not apply to an excavator who damages an underground facility due to the failure of the company to comply with the provisions of section 40A to 40E.