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NO. 51. AN ACT RELATING TO THE UNDERGROUND UTILITY DAMAGE PREVENTION SYSTEM.

(H.229)

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

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

7001. DEFINITIONS

In this chapter:

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(2) "Company" means any public utility company which supplies gas, electricity, or *[telephone]* telecommunications service and which maintains underground utility facilities, and any cable television company operating a cable television system as defined in 30 V.S.A. 501 and which maintains underground utility facilities.

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(4) "Excavation activities" means activities involving the removal of earth, rock or other materials in the ground, disturbing the subsurface of the earth, or the demolition of any structure, by the discharge of explosives or the use of powered or mechanized equipment, including but not limited to digging, trenching, blasting, boring, drilling, hammering, post driving, wrecking, razing, or tunneling, within *[an underground utility easement or the area of a public right of way in which an underground utility facility is located]* 100 feet of an underground utility facility.

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(10) "Premark" means to identify the general scope of excavation activities using white paint, stakes or other suitable white markings, in a manner that will enable the operators of the underground utility facilities to know the boundaries of the proposed excavation activities.

Sec. 2. 30 V.S.A. 7004 is amended to read:

7004. NOTICE OF EXCAVATION ACTIVITIES

(a) No person or company shall engage in excavation activities, except in an emergency situation as defined by the board, without premarking the proposed area of excavation activities and giving notice as required by this section.

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(d) Prior to notifying the system, the person must premark the area of proposed excavation activities in a manner that will enable operators of underground facilities to identify the boundaries of the proposed excavation activities. Premarking is not required:

(1) if the actual excavation will be continuous and will exceed 500 feet in length; or

(2) if the boundaries of the proposed excavation activities can be clearly described in such a way that the operators of underground facilities can precisely identify those boundaries from the notice required by this section.

Sec. 3. 30 V.S.A. 7006b is amended to read:

7006b. EXCAVATION AREA PRECAUTIONS

Any person engaged in excavating activities in the approximate location of underground utility facilities marked pursuant to section 7006 of this title shall take reasonable precautions to avoid damage to underground utility facilities, including but not limited to any substantial weakening of the structural or lateral support of such facilities or penetration, severance or destruction of such facilities. When excavation activities involve horizontal or directional boring, the person engaged in excavation activities shall expose underground facilities to verify their location and depth, in a safe manner, at each location where the work crosses a facility and at reasonable intervals when paralleling an underground facility.

Sec. 4. SUNSET

30 V.S.A. 7004(d)(2) is repealed effective July 1, 2003.

Approved: June 12, 2001