Amendment #51 to H4599

Dig Safe

Mr. Cabral of New Bedford moves to amend the bill by inserting after section 19 the following section:-

SECTION 19A. (a) Section 40 of chapter 82 of the General Laws, as appearing in the 2016 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.”.

(b) Said section 40 of said chapter 82, as so appearing, is hereby amended by inserting in line 5, after the words “company, and”, the following words:- “municipal traffic signal departments”.

(c) Said section 40 of said chapter 82, as so appearing, is hereby amended by inserting the following terms therein: "Professional Land Surveyor", shall have the same definition as set forth in section 81D of chapter 112 of the General Laws.

(d) Section 40A of said chapter 82, as so appearing, 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.”.

(e) Section 40B of said chapter 82, as so appearing, is hereby amended by inserting after the words “the excavator”, in line 3 the following words:- “or Professional Land Surveyor”.

(f) Said section 40B of said chapter 82, as so appearing, is hereby amended by adding the following sentences:-

“At a minimum, all markings shall indicate, where practicable, the width, if it is greater than 2 inches; the material of the underground facility; the existence of multiple ducts; 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.”.

(g) Section 40E of said chapter 82, as so appearing, is hereby amended by adding the following sentence:-

“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.”.