EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0789*
SENATE BILL 789
C5 2lr2275
CF 2lr2274
By: Senator Feldman
Introduced and read first time: February 7, 2022
Assigned to: Finance
A BILL ENTITLED
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 work 6
date selected by the person; altering the time frame during which a ticket is valid; 7
altering the time frame within which an owner–member or its contract locator must 8
mark the location of the owner–member’s underground facility and submit a certain 9
report; and generally relating to underground facilities and the one–call system. 10
BY repealing and reenacting, with amendments, 11
Article – Public Utilities 12
Section 12–124 and 12–126 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Public Utilities 18
12–124. 19
(a) Before performing excavation or demolition in the State, a person: 20
(1) shall initiate a ticket request by notifying the one–call system serving 21
the geographic area where the excavation or demolition is to be performed; 22
(2) SHALL SELECT A START WORK DATE THAT COMME NCES: 23 2 SENATE BILL 789
(I) NOT SOONER THAN 2 BUSINESS DAYS AFTER THE TICKET IS 1
INITIATED; AND 2
(II) NOT LATER THAN 12 BUSINESS DAYS AFTER THE TICKET IS 3
INITIATED; and 4
[(2)] (3) may add a temporary excavator to an existing ticket. 5
(b) Notice provided to a one–call system under subsection (a) of this section shall 6
indicate: 7
(1) the location of the proposed excavation or demolition; 8
(2) whether the proposed excavation or demolition is within rights–of–way 9
owned or controlled by the Department of Transportation, an administration of the 10
Department of Transportation, or the Maryland Transportation Authority and, if so, the 11
entity and the permit number or authorization number obtained from that entity; 12
(3) the type AND EXTENT of work to be performed in connection with the 13
proposed excavation or demolition; and 14
(4) the correct name of and contact information for the temporary 15
excavator, if any, performing work under the ticket. 16
(c) (1) Except as provided in paragraph (2) of this subsection, on receiving 17
notice, the one–call system shall promptly transmit a copy of the ticket to all 18
owner–members in the geographic area indicated for that ticket. 19
(2) Based on information collected under § 12–124(b)(2) of this subtitle, the 20
one–call system shall promptly transmit a copy of the ticket to the Department of 21
Transportation, an administration of the Department of Transportation, or the Maryland 22
Transportation Authority, as applicable. 23
(3) (I) THE TICKET SHALL INCL UDE A RESPONSE DATE AND TIME 24
FOR OWNER–MEMBERS OR THEIR CON TRACT LOCATORS THAT CORRESPONDS WITH 25
THE WORK DATE SELECT ED BY THE PERSON WHO INITIATED THE TICKET . 26
(II) A ticket is valid for 12 business days after the [day] SELECTED 27
WORK DATE on [which the] A ticket THAT is transmitted by the one–call system to an 28
owner–member OR THEIR CONTRACT LO CATOR. 29
12–126. 30
SENATE BILL 789 3
(a) An owner–member or its contract locator shall mark its underground facility 1
if a proposed excavation or demolition that is specified in the extent of work contained in 2
the ticket: 3
(1) is within 5 feet of the horizontal plane of the underground facility; or 4
(2) because of planned blasting, is so near to the underground facility that 5
the underground facility may be damaged or disturbed. 6
(b) (1) An owner–member or its contract locator shall mark the location of its 7
underground facility as specified under subsection (a) of this section by marking on the 8
ground within 18 inches on a horizontal plane on either side of the underground facility. 9
(2) (i) When marking the location of an underground facility, an 10
owner–member or its contract locator shall use the color codes established by the American 11
Public Works Association for marking underground facilities in effect at the time of 12
marking. 13
(ii) If two or more owner–members share the same color code, each 14
owner–member or its contract locator shall include information with the marking that 15
indicates the owner–member of the marked underground facility. 16
(c) Except as provided in subsection (d) of this section, within 2 business days 17
after the day on which a ticket is transferred to an owner–member OR BEFORE THE 18
SELECTED WORK DATE , the owner–member or its contract locator shall: 19
(1) mark the location of the owner–member’s underground facility and 20
report to the underground facilities information exchange system that the underground 21
facility has been marked; or 22
(2) report to the underground facilities information exchange system that 23
the owner–member has no underground facilities in the vicinity of the planned excavation 24
or demolition. 25
(d) (1) If an owner–member or its contract locator is unable to mark the 26
location of the owner–member’s underground facility within the time period prescribed in 27
subsection (c) of this section because of the scope of the proposed excavation or demolition, 28
the owner–member shall: 29
(i) promptly notify the underground facilities information exchange 30
system and the person that intends to perform the excavation or demolition; and 31
(ii) work with the person that intends to perform the excavation or 32
demolition to develop a documented agreement for marking the underground facility. 33
(2) If the owner–member or its contract locator and person that intends to 34
perform the excavation or demolition cannot reach a mutually documented agreement for 35 4 SENATE BILL 789
marking under paragraph (1) of this subsection, the owner–member or its contract locator 1
shall mark that portion of the site where excavation or demolition will first occur, and the 2
owner–member or its contract locator shall mark the remainder of the site within a 3
reasonable time. 4
(3) If, due to circumstances beyond the control of an owner–member or its 5
contract locator and for reasons other than those specified in paragraph (1) of this 6
subsection, an owner–member or its contract locator is unable to mark the location of the 7
owner–member’s underground facility within the time period prescribed in subsection (c) 8
of this section, the owner–member or its contract locator shall report to the underground 9
facilities information exchange system that an extension is required. 10
(4) In connection with extensive or contiguous excavation or demolition 11
projects, the person performing the excavation or demolition and the owner–member or its 12
contract locator may establish a working agreement regarding the time periods for marking 13
the underground facility. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2022. 16