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

The Senate proposes to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1,  30 V.S.A. § 7001 is amended to read as follows:

In this chapter:

* * *

(11)  “Service line” means the connection between the underground facility and the customer.

Sec. 2.  30 V.S.A. § 7006 is amended to read as follows:

A company notified in accordance with section 7005 of this title shall, within 48 hours, exclusive of Saturdays, Sundays and legal holidays, of the receipt of the notice, mark the approximate location of its underground utility facilities and service lines in the area of the proposed excavation activities; provided, however, if the company advises the person that the proposed excavation area is of such length or size that the company cannot reasonably mark all of the underground utility facilities within 48 hours, the person shall notify the company of the specific locations in which the excavation activities will first occur and the company shall mark facilities in those locations within 48 hours and the remaining facilities within a reasonable time thereafter. A company and an excavator may by agreement fix a later time for the company's marking of the facilities, provided the marking is made prior to excavation activities. For the purposes of this chapter, the approximate location of underground facilities shall be marked with stakes, paint or other physical means as designated by the board.

Sec. 3.  30 V.S.A. § 7004(e) is added to read:

(e)  Notice of excavation activities shall be valid for an excavation site until one of the following events occurs:

(1)  The markings become faded, illegible, or destroyed; or

(2)  The company installs new underground facilities in a marked area still under excavation.

Sec. 4.  30 V.S.A. § 7008(a) and (b) are amended to read:

(a)  Vermont Dig Safe Program.  Any person who violates any provisions of sections 7004, 7006a, 7006b, or 7007 of this title shall be subject to a civil penalty of up to $1,000.00, or up to $5,000.00 for a violation committed within three (3) years from the date of any previous violation, in addition to any other remedies or penalties provided by law or any liability for actual damages.

(b)  Any company which does not mark the location of its underground facilities as required by section 7006 or 7006a of this title shall be subject to a civil penalty of up to $1,000.00, or up to $5,000.00 for a violation committed within three (3) years from the date of any previous violation.

Sec. 5.  30 V.S.A. § 2816(a) is amended to read:

(a)  Gas Pipeline Safety Program.  Any person who violates any statute, rule, regulation, or order of the public service board relating to safety standards or safety practices applicable to transportation of gas through gas pipeline facilities subject to the jurisdiction of the public service board is subject to a civil penalty of not more than $10,000.00 $100,000.00 for each violation for each day that the violation persists.  However, the maximum civil penalty shall not exceed $500,000.00 $1,000,000.00 for any related series of violations.  The penalty may be imposed by the board after notice to the offending person of the alleged violations and opportunity for hearing.

Sec. 6.  30 V.S.A. § 7001(4) is amended to read:

(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 or hand tools, including but not limited to digging, trenching, blasting, boring, drilling, hammering, post driving, wrecking, razing, or tunneling, within 100 feet of an underground utility facility.  Excavation activities shall not include the tilling of the soil for agricultural purposes, routine gardening outside easement areas and public rights of way, or activities relating to routine public highway maintenance.


This act shall take effect on passage.

and that after passage, the title be changed to read as follows:  “AN ACT RELATING TO THE VERMONT DIG SAFE PROGRAM AND THE FEDERAL GAS PIPELINE SAFETY PROGRAM”



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont