LAWRENCE J. HOGAN, JR., Governor Ch. 436
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Chapter 436
(Senate Bill 789)
AN ACT concerning
Public Utilities – Underground Facilities – One–Call System
FOR the purpose of requiring a person notifying the one–call system before performing an
excavation or demolition to select a specific start work date; altering the information
that must be provided to a one–call system; requiring the ticket generated by the
one–call system to include a response date and time that corresponds with the start
work date selected by the person; altering the time frame during which a ticket is
valid; altering the time frame within which an owner–member or its contract locator
must mark the location of the owner–member’s underground facility and submit a
certain report; and generally relating to underground facilities and the one–call
system.
BY repealing and reenacting, with amendments,
Article – Public Utilities
Section 12–124 and 12–126
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Public Utilities
12–124.
(a) Before performing excavation or demolition in the State, a person:
(1) shall initiate a ticket request by notifying the one–call system serving
the geographic area where the excavation or demolition is to be performed;
(2) SHALL SELECT A START WORK DATE THAT COM MENCES:
(I) NOT SOONER THAN 2 3 BUSINESS DAYS AFTER THE TICKET
IS INITIATED; AND
(II) NOT LATER THAN 12 BUSINESS DAYS AFTER THE TICKET IS
INITIATED; and
[(2)] (3) may add a temporary excavator to an existing ticket.
Ch. 436 2022 LAWS OF MARYLAND
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(b) Notice provided to a one–call system under subsection (a) of this section shall
indicate:
(1) the location of the proposed excavation or demolition;
(2) whether the proposed excavation or demolition is within rights–of–way
owned or controlled by the Department of Transportation, an administration of the
Department of Transportation, or the Maryland Transportation Authority and, if so, the
entity and the permit number or authorization number obtained from that entity;
(3) the type AND EXTENT of work to be performed in connection with the
proposed excavation or demolition; and
(4) the correct name of and contact information for the temporary
excavator, if any, performing work under the ticket.
(c) (1) Except as provided in paragraph (2) of this subsection, on receiving
notice, the one–call system shall promptly transmit a copy of the ticket to all
owner–members in the geographic area indicated for that ticket.
(2) Based on information collected under § 12–124(b)(2) of this subtitle, the
one–call system shall promptly transmit a copy of the ticket to the Department of
Transportation, an administration of the Department of Transportation, or the Maryland
Transportation Authority, as applicable.
(3) (I) THE TICKET SHALL INCL UDE A RESPONSE DATE AND TIME
FOR OWNER–MEMBERS OR THEIR CON TRACT LOCATORS THAT CORRESPONDS WITH
THE START WORK DATE SELECTED B Y THE PERSON WHO INI TIATED THE TICKET .
(II) A ticket is valid for 12 business days after the [day] SELECTED
START WORK DATE on [which the] A ticket THAT is transmitted by the one–call system to
an owner–member OR THEIR CONTRACT LO CATOR.
12–126.
(a) An owner–member or its contract locator shall mark its underground facility
if a proposed excavation or demolition that is specified in the extent of work contained in
the ticket:
(1) is within 5 feet of the horizontal plane of the underground facility; or
(2) because of planned blasting, is so near to the underground facility that
the underground facility may be damaged or disturbed.
LAWRENCE J. HOGAN, JR., Governor Ch. 436
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(b) (1) An owner–member or its contract locator shall mark the location of its
underground facility as specified under subsection (a) of this section by marking on the
ground within 18 inches on a horizontal plane on either side of the underground facility.
(2) (i) When marking the location of an underground facility, an
owner–member or its contract locator shall use the color codes established by the American
Public Works Association for marking underground facilities in effect at the time of
marking.
(ii) If two or more owner–members share the same color code, each
owner–member or its contract locator shall include information with the marking that
indicates the owner–member of the marked underground facility.
(c) Except as provided in subsection (d) of this section, within 2 business days
after the day on which a ticket is transferred to an owner–member OR BEFORE THE
SELECTED START WORK DATE, the owner–member or its contract locator shall:
(1) mark the location of the owner–member’s underground facility and
report to the underground facilities information exchange system that the underground
facility has been marked; or
(2) report to the underground facilities information exchange system that
the owner–member has no underground facilities in the vicinity of the planned excavation
or demolition.
(d) (1) If an owner–member or its contract locator is unable to mark the
location of the owner–member’s underground facility within the time period prescribed in
subsection (c) of this section because of the scope of the proposed excavation or demolition,
the owner–member shall:
(i) promptly notify the underground facilities information exchange
system and the person that intends to perform the excavation or demolition; and
(ii) work with the person that intends to perform the excavation or
demolition to develop a documented agreement for marking the underground facility.
(2) If the owner–member or its contract locator and person that intends to
perform the excavation or demolition cannot reach a mutually documented agreement for
marking under paragraph (1) of this subsection, the owner–member or its contract locator
shall mark that portion of the site where excavation or demolition will first occur, and the
owner–member or its contract locator shall mark the remainder of the site within a
reasonable time.
(3) If, due to circumstances beyond the control of an owner–member or its
contract locator and for reasons other than those specified in paragraph (1) of this
subsection, an owner–member or its contract locator is unable to mark the location of the Ch. 436 2022 LAWS OF MARYLAND
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owner–member’s underground facility within the time period prescribed in subsection (c)
of this section, the owner–member or its contract locator shall report to the underground
facilities information exchange system that an extension is required.
(4) In connection with extensive or contiguous excavation or demolition
projects, the person performing the excavation or demolition and the owner–member or its
contract locator may establish a working agreement regarding the time periods for marking
the underground facility.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October June 1, 2022.
Approved by the Governor, May 16, 2022.