EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0994*
HOUSE BILL 994
C5 2lr2274
CF SB 789
By: Delegate Brooks
Introduced and read first time: February 10, 2022
Assigned to: Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 10, 2022
CHAPTER ______
AN ACT concerning 1
Public Utilities – Underground Facilities – One–Call System 2
FOR the purpose of requiring a person notifying the one–call system before performing an 3
excavation or demolition to select a specific start work date; altering the information 4
that must be provided to a one–call system; requiring the ticket generated by the 5
one–call system to include a response date and time that corresponds with the start 6
work date selected by the person; altering the time frame during which a ticket is 7
valid; altering the time frame within which an owner–member or its contract locator 8
must mark the location of the owner–member’s underground facility and submit a 9
certain report; and generally relating to underground facilities and the one–call 10
system. 11
BY repealing and reenacting, with amendments, 12
Article – Public Utilities 13
Section 12–124 and 12–126 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Public Utilities 19
12–124. 20
2 HOUSE BILL 994
(a) Before performing excavation or demolition in the State, a person: 1
(1) shall initiate a ticket request by notifying the one–call system serving 2
the geographic area where the excavation or demolition is to be performed; 3
(2) SHALL SELECT A START WORK DATE THAT COMMENCE S: 4
(I) NOT SOONER THAN 2 3 BUSINESS DAYS AFTER THE TICKET 5
IS INITIATED; AND 6
(II) NOT LATER THAN 12 BUSINESS DAYS AFTER THE TICKET IS 7
INITIATED; and 8
[(2)] (3) may add a temporary excavator to an existing ticket. 9
(b) Notice provided to a one–call system under subsection (a) of this section shall 10
indicate: 11
(1) the location of the proposed excavation or demolition; 12
(2) whether the proposed excavation or demolition is within rights–of–way 13
owned or controlled by the Department of Transportation, an administration of the 14
Department of Transportation, or the Maryland Transportation Authority and, if so, the 15
entity and the permit number or authorization number obtained from that entity; 16
(3) the type AND EXTENT of work to be performed in connection with the 17
proposed excavation or demolition; and 18
(4) the correct name of and contact information for the temporary 19
excavator, if any, performing work under the ticket. 20
(c) (1) Except as provided in paragraph (2) of this subsection, on receiving 21
notice, the one–call system shall promptly transmit a copy of the ticket to all 22
owner–members in the geographic area indicated for that ticket. 23
(2) Based on information collected under § 12–124(b)(2) of this subtitle, the 24
one–call system shall promptly transmit a copy of the ticket to the Department of 25
Transportation, an administration of the Department of Transportation, or the Maryland 26
Transportation Authority, as applicable. 27
(3) (I) THE TICKET SHALL INCL UDE A RESPONSE DATE AND TIME 28
FOR OWNER–MEMBERS OR THEIR CONTRACT LOCATOR S THAT CORRESPONDS WITH 29
THE START WORK DATE SELECTED B Y THE PERSON WHO INI TIATED THE TICKET . 30
HOUSE BILL 994 3
(II) A ticket is valid for 12 business days after the [day] SELECTED 1
START WORK DATE on [which the] A ticket THAT is transmitted by the one–call system to 2
an owner–member OR THEIR CONTRACT LO CATOR. 3
12–126. 4
(a) An owner–member or its contract locator shall mark its underground facility 5
if a proposed excavation or demolition that is specified in the extent of work contained in 6
the ticket: 7
(1) is within 5 feet of the horizontal plane of the underground facility; or 8
(2) because of planned blasting, is so near to the underground facility that 9
the underground facility may be damaged or disturbed. 10
(b) (1) An owner–member or its contract locator shall mark the location of its 11
underground facility as specified under subsection (a) of this section by marking on the 12
ground within 18 inches on a horizontal plane on either side of the underground facility. 13
(2) (i) When marking the location of an underground facility, an 14
owner–member or its contract locator shall use the color codes established by the American 15
Public Works Association for marking underground facilities in effect at the time of 16
marking. 17
(ii) If two or more owner–members share the same color code, each 18
owner–member or its contract locator shall include information with the marking that 19
indicates the owner–member of the marked underground facility. 20
(c) Except as provided in subsection (d) of this section, within 2 business days 21
after the day on which a ticket is transferred to an owner–member OR BEFORE THE 22
SELECTED START WORK DATE, the owner–member or its contract locator shall: 23
(1) mark the location of the owner–member’s underground facility and 24
report to the underground facilities information exchange system that the underground 25
facility has been marked; or 26
(2) report to the underground facilities information exchange system that 27
the owner–member has no underground facilities in the vicinity of the planned excavation 28
or demolition. 29
(d) (1) If an owner–member or its contract locator is unable to mark the 30
location of the owner–member’s underground facility within the time period prescribed in 31
subsection (c) of this section because of the scope of the proposed excavation or demolition, 32
the owner–member shall: 33
(i) promptly notify the underground facilities information exchange 34
system and the person that intends to perform the excavation or demolition; and 35 4 HOUSE BILL 994
(ii) work with the person that intends to perform the excavation or 1
demolition to develop a documented agreement for marking the underground facility. 2
(2) If the owner–member or its contract locator and person that intends to 3
perform the excavation or demolition cannot reach a mutually documented agreement for 4
marking under paragraph (1) of this subsection, the owner–member or its contract locator 5
shall mark that portion of the site where excavation or demolition will first occur, and the 6
owner–member or its contract locator shall mark the remainder of the site within a 7
reasonable time. 8
(3) If, due to circumstances beyond the control of an owner–member or its 9
contract locator and for reasons other than those specified in paragraph (1) of this 10
subsection, an owner–member or its contract locator is unable to mark the location of the 11
owner–member’s underground facility within the time period prescribed in subsection (c) 12
of this section, the owner–member or its contract locator shall report to the underground 13
facilities information exchange system that an extension is required. 14
(4) In connection with extensive or contiguous excavation or demolition 15
projects, the person performing the excavation or demolition and the owner–member or its 16
contract locator may establish a working agreement regarding the time periods for marking 17
the underground facility. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October June 1, 2022. 20
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.