|SENATE PROPOSAL OF AMENDMENT||2007-2008|
An act relating to underground utility damage prevention system
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:
(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 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, activities relating to routine public highway maintenance, or the use of hand tools by a company, or the company’s agent or a contractor working under the agent’s direction, to locate or service the company’s facilities, provided the company has a written damage prevention program.
(11) “Powered or mechanized equipment” means equipment that is powered or energized by any motor, engine, or hydraulic or pneumatic device and that is used for excavation or demolition work.
(12) “Hand tools” means tools powered solely by human energy.
(13) “Verified” means the location and depth has been physically determined.
(14) “Damage prevention program” means a program established to ensure employees involved in excavation activities are aware of and utilize appropriate and safe excavating practices.
Sec. 2. 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 occurs:
(1) The excavation is not completed within 30 days of the notification;
(2) The markings become faded, illegible, or destroyed; or
(3) The company installs new underground facilities in a marked area still under excavation.
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 will cross a facility and at reasonable
intervals when paralleling an underground facility. Powered or mechanized
equipment may only be used within the approximate location where the facilities
have been verified.
Sec. 4. 30 V.S.A. § 7008 is amended to read:
§ 7008. PENALTIES
(a) Vermont Digsafe 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, in addition to any other remedies or penalties provided by law or any liability for actual damages. Notices of probable violation shall be issued within 12 months from the date the department receives the underground facility damage report, unless an ongoing investigation requires an extension of time.
(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. Notices of probable violation shall be issued within 12 months from the date the department receives the underground facility damage report, unless an ongoing investigation requires an extension of time.
* * *
(e) Any person who violates any provisions of sections 7004 through 7007 of this title as to an underground gas distribution or transmission facility shall also be subject to the civil penalties described in section 2816 of this title. However, a person who has been assessed a civil penalty pursuant to section 2816 of this title shall not be subject to the payment of an assessed penalty under the provisions of this section for the same violation.
Sec. 5. 30 V.S.A. § 2816(a) is amended to read:
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
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
Sec. 6. REPEAL
30 V.S.A. § 7004(d)(2) is repealed January 1, 2010.
AN ACT RELATING TO THE VERMONT DIG SAFE PROGRAM AND THE FEDERAL GAS PIPELINE SAFETY PROGRAM.
The Vermont General Assembly
115 State Street