Amendment ID: S2591-1

Amendment 1

Improving Public Safety in Excavation

Mr. Moore moves that the proposed new text be amended by inserting after section ____ the following 7 sections:-

“SECTION ____. 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.

SECTION ____. Section 40 of Chapter 82 of the general laws, as so appearing, is hereby amended by inserting in line 5, after the words "cable television company, and", the following words:-

“municipal traffic signal departments”

SECTION ____. Section 40 of Chapter 82 of the general laws, as so appearing, is hereby amended by inserting the following term therein:

"Professional Land Surveyor", shall have the same definition as set forth in M.G.L. c.112, §81D.

SECTION _____. Section 40A of Chapter 82 of the general laws, 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.

SECTION _____. Section 40B of Chapter 82 of the general laws, as so appearing, is hereby amended by inserting after the words "the excavator" the following words:- “or Professional Land Surveyor”

SECTION _____. Section 40B of Chapter 82 of the general laws, as so appearing, 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 _____. Section 40E of Chapter 82 of the general laws, as so appearing, 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.”